Jones Lumber Co.

In the Matter Of JONES LUMBER COMPANY and LUMBER AND SAWMILL WORKERS UNION, LocAL No. 2877, CHARTERED BY UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1148 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES October ^?7, 1939 On April 11, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case.' The Direction of Election directed that an election by secret ballot be conducted within twenty (20) days from the date of the Direction of Election among all plant and production employees employed by Jones Lumber Company during the pay-roll period next preceding the date of said Direction of Election, excluding office employees, foremen, and other supervisory employees, to deter- mine whether they desired to be represented by Lumber and Sawmill Workers Union, Local No. 2877, chartered by United Brotherhood of Carpenters and Joiners of America, herein called Local No. 2877, affiliated with the American Federation of Labor, or by Lumber and Sawmill Workers Union, Local No. 3, International Woodworkers of America, herein called Local No. 3, affiliated with the Committee for Industrial Organization, for the purposes of collective bargain- ing, or by neither. Pursuant to the Direction, an election by secret ballot was con- ducted on April 28, 1939, under the direction and supervision of the Regional Director for the Nineteenth Region (Seattle, Washington). On May 23, 1939 the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties an Intermediate Report upon the secret ballot. Thereafter Local No. 2877 duly filed exceptions to the Intermediate Report. 112 N. L. R. B. 209. 16 N. L. R. B., No. 58. 568 JONES LUMBER COMPANY 569 On August 29, 1939, the Board issued its Supplemental Decision and Supplemental Direction 2 in which it found that Frank Stewart, Joe Lombardi, Paul Stier, and J. A. Johnston, employees found ineligible by the Regional Director, were eligible to vote, and directed the Regional Director to open and count the ballots of said em- ployees,-' and serve upon the parties an Amended Intermediate Report embodying his findings thereon and his recommendations as to the results of the secret ballot. Pursuant to the Supplemental Direction, the ballots of the afore- mentioned employees were opened and counted on September 2, 1939, under the direction and supervision of the Regional Director and in the presence of authorized observers. All were cast in favor of Local No. 2877. On September 6, 1939, the Regional Director, acting pur- suant to Article III, Section 9, of said Rules and Regulations-Series 2, issued and duly served upon the parties his Supplemental Election Report. As to the balloting and its results, the Regional Director reported, as follows : Total number of eligible voters------------------------------ 159 Total number of ballots cast -------------------------------- 159 Total number of valid ballots cast ---------------------------- 159 Total number of votes in favor of Lumber and Sawmill Workers' Union, Local No. 2877, chartered by United Brother- hood of Carpenters and Joiners of America---------------- 80 Total number of votes in favor of Lumber and Sawmill Workers' Union, Local No. 3, International Woodworkers of America ----------------------------------------------- 78 Total number of votes in favor of neither -------------------- 1 Total number of blank ballots------------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of eligible voters not voting---- ---------------- 0 On September 12, 1939, Local No. 3 filed objections to the Supple- mental Report of the Regional Director on the grounds that (1) the afore-mentioned employees are employed by the Jones Lumber Com- pany in a, supervisory capacity with power to hire and discharge employees, (2) the employees of the Company had been subjected to coercion, threats of boycott, and threats of losing their jobs for 2 years prior to the election, and (3) the Board should refrain from making any certification until the employees were in a position to express their choice without being subjected to coercive threats of boycott. On October 3, 1939, the Regional Director, acting pursuant, to Article III, Section 9, of said Rules and Regulations-Series 2, issued and duly served upon the parties his report on objections raised to Supplemental Election Report in which he recommended 214 N. L. R. B. 1179. In his intermediate Report the Regional Director ruled that Phil Harris and G. W. McEachran , two other employees challenged at the election , were eligible to vote but did not open their ballots because they would not affect the outcome of the election. In its Supplemental Decision and Supplemental Direction the Board directed the Regional .Director to open these ballots. 570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that the objections be overruled. The board has considered the ob- jections filed by Local No. 3 to the Supplemental Election Report and finds that they do not raise substantial and material issues with respect to the conduct of the ballot.' Accordingly, the objections are overruled. By virtue of- and pursuant to the power vested in the National Labor Relations Board by Section 9 of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers Union, Local No. 2877, chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, has been designated and selected by a majority of the plant and pro- duction employees of Jones Lumber Company excluding office .employees, foremen, and other supervisory employees as their repre- :sentative for the purposes of collective bargaining, and pursuant to Section 9 (a) of the Act, Lumber and Sawmill Workers Union, Local No. 2877, chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, is the ,exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. ` See footnotes 1 and 2 supra.