Donovan Lumber Co.

In the Matter of DONOVAN LUMBER COMPANY and LUMBER AND SAW- MILL WORKERS' UNION, LOCAL No. 2762, CHARTERED BY THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1833.-Deeided May ^?9, 1940 Lumber Products Manufacturing Industry-Agreemaent: stipulation for certifi- cation upon consent election-Certification of Representatives: following consent election. Mr. Elwyn J. Eagen, for the Board. Mr. F. H. McCready, of Aberdeen, Wash., for the Company. Mr. Honer E. Sellers, of Aberdeen, Wash., for the Lumber Workers. Mr. H. I. Tiuclcer, of Aberdeen, Wash., for the Sawmill Workers. Miss Ann Landy, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On March 14, 1940, Lumber and Sawmill Workers' Union, Local No. 2762, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, herein called the Lumber Workers, filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Donovan Lumber Company, herein called the Company,, engaged in the manufacture and sale of general lumber products at Aberdeen, Washington, and requesting an investigation and certification of representatives, pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April. 11, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations- Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and provide for an appropriate hear- ing upon due notice. On the same day, the Company, the Lumber 24 N. L. R. B., No.7. 204 DONOVAN LUMBER COMPANY 205 Workers, Sawmill and Timber Workers Union, Local No. 2, chartered by the International Woodworkers of America, affiliated with the Congress of Industrial Organizations, herein called the Sawmill Workers, and the Regional Director, entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con- ducted on April 26, 1940, under the direction and supervision of the Regional Director among all the production and' maintenance em- ployees of the Company in and about its Sawmill No. 2, exclusive of supervisory and clerical employees, to determine whether said employ- ees desired to be represented by the Lumber Workers or by the Saw- mill Workers, or by neither. On April 27, 1940, the Regional Director • issued and duly served upon the parties his Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his El'ectioii Report; the Regional Director reported as follows concerning the balloting and its results : Total eligible to vote----------------------------------------- 187 Total number of ballots cast--------------------------------- 186 Total number of votes in favor of Lumber and Sawmill Workers' Union, Local No. 2762, chartered by the United Brotherhood of Carpenters and Joiners of America , affiliated with the American Federation of Labor----------------------------- 86 Total number of votes in favor of Sawmill and Timber Workers' Union, Local No. 2, chartered by International Woodworkers of America, affiliated with the Congress of Industrial Organi- zations---------------------------------------------------- 90 Total number of ballots for neither--------------------------- 0 Total number of blank ballots -------------------------------- 0 Total number of void ballots -------------------------------- 1 Total number of challenged ballots-- ------------------------- 0 Upon the basis of the stipulation, the election report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Donovan Lumber Company, Aberdeen, Washington, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees employed by the Company in and about its Sawmill No. 2, in Aberdeen, Washington, exclusive of supervisory and clerical employees, constitute a unit ap- propriate for.the purposes of collective bargaining, within the mean- ing of Section 9 (b) of the National Labor Relations Act. 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. Sawmill and Timber Workers' Union , Local No. 2, chartered by International Woodworkers of America , affiliated with the Congress of Industrial Organizations , has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining, and is the exclusive representa- tive of all the employees in said unit within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, IT IS HEREBY crRTIFIrD that Sawmill and Timber Workers' Union, Local No. 2, chartered by International Woodworkers of America, affiliated with the Congress of Industrial Organizations , has been designated and selected by a majority of the production and mainte- nance workers employed by Donovan Lumber Company in and about its Sawmill No. 2, at Aberdeen , Washington , excluding supervisory and clerical employees , as their representative for the purposes of col- lective bargaining , and that pursuant to the provision of Section 9 (a) of the Act, Sawmill and Timber Workers' Union, Local No. 2, char- tered by International Woodworkers of America, affiliated with the Congress of Industrial Organizations , 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.