Eastern Western Lumber Co.

In the Matter of EASTERN WESTERN LUMBER COMPANY and LUMBER AND SAWMILL WORKERS UNION, LOCAL No. 2881, CHARTERED BY UNITED BROTHERHOOD OF CARPENTERS AND, JOINERS OF- AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF- LABOR - - -Cabe-No.-R-1155 . - SECOND SUPPLEMENTAL DECISION AND ORDER November 15,19-3.9 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 pro- duction employees employed by Eastern Western Lumber Company during the pay-roll period next preceding the date of said Direc- tion of Election , excluding office employees, foremen, and other supervisory employees , to determine whether they desired to be rep- resented by Lumber and Sawmill Workers Union, Local No. 2881, chartered by United Brotherhood of Carpenters and Joiners of America, herein called Local No. 2881 , 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 Organiza- tion, for the purposes of collective bargaining , 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, Wash- ington). 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. ' 2881 duly filed exceptions to the Intermediate Report. 112 N. L. R. B. 209. 17 N. L. R. B., No. 59. 708 ]:ASTERN WESTERN LUMBER COMPANY 709 On August 29, 1939, the Board issued its Supplemental Decision and Supplemental Direction,2 in which it found that E. T. Bemis, R. G. Feely, and Lewis Hall, employees found ineligible by the Regional Director,. were eligible to vote, and directed the Regional Director to open and count the ballots of said employees, together .with the ballot of William Isakow,3 and to 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. Three of the ballots were cast in favor of Local"No. 2881; the other in favor of Local No. 3. On September 7, 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---------------------------- 253 Total number of ballots cast------------------------------ 247 Total number of valid ballots cast------------------------- -247 Total number of votes in favor of Lumber and Sawmill Workers' Union, Local No. 2881, Chartered by U. B. of C. and J. of A., A. P. of L--------------------------------- 121 Total number of votes in favor of Lumber and Sawmill Workers' Union, Local No. 2881, Chartered by U. B. of C. of America--------------------------------------------- 123 Total number of votes in favor of neither------------------ 2 Total number of blank ballots----------------------------- 0 Total number of void ballots------------------------------ 0 Total number of votes invalid because challenges sustained__ 1 Total number of eligible voters not voting----------------- 6 The results of the election show that neither Local No. 2881 nor Local No. 3 received a majority of the votes cast. Local No. 3, the organization which received a greater number of the votes cast, has notified the Board that it does not desire to participate in a run-off election. The petition for investigation and certification of repre- sentatives of employees of the Eastern Western Lumber Company, Portland, Oregon, filed by Local No. 2881 will therefore be dismissed. 2 14 N. L. R. B. 1176. 3 In his Intermediate Report, the Regional Director ruled that William Isakow, whose name had inadvertently been omitted from the pay -roll list used at the election was eligible to vote, but did not count his ballot because it could not affect the outcome of the election. ' The total number of valid ballots actually cast in the election was 246 . The error in the Supplemental Election Report does not affect the results of the election. .71.0 DECISIONS OF RATIONAL LABOR RF.LATEO\S GOARU ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9; of Na- tional Labor Relations Board Rules and Regulations Series 2, it is, hereby ordered that the petition for investigation and certifica- tion of representatives of employees of Eastern Western Lumber Company, Portland, Oregon, filed by Lumber' and Sawmill Workers Union, Local No. 2881, chartered by United Brotherhood of Car- penters and Joiners of America, affiliated with the American Federation of Labor. be, and it hereby is, dismissed.