Walton Lumber Co.

In the Matter of WALTON LUMBER COMPANY, A CORPORATION, and EvERETr DISTRICT COUNCIL , LUMBER AND SAWMILL WORKERS, ON BEHALF OF LOCAL No. 2648, CHARTERED BY THE UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OF AMERICA , AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1693 Election Ordered : run-off. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION April 8, 1940 On February 19, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction in this proceed- ing,1 directing that an election by secret ballot be conducted among certain employees of Walton Lumber Company, herein called the Company, to determine whether they desired to be represented for the purposes of collective bargaining by Local No. 2648, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, herein called Local No. 2648, or by International Woodworkers of America, Local 2-101, affiliated with the Congress of Industrial Organizations, herein called Local 2-101, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted on March 8, 1940, under the direction and supervision of the Regional Director for the Nineteenth Region (Seattle, Wash- ington). On March 9, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report, setting forth the results of the election. 120 N. L. R. B. 573. 22 N. L. R. B., No. 42. 739 740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the results of the balloting, the Regional Director reported as follows : Total eligible to vote___________________________________ 352 Total ballots cast_______________________________________ 344 Total ballots cast for Local No 2648, U. B. C. J. A., A. F. L_ 141 - Total ballots cast for Local 2-101, I. W. A., C. I. 0-------- 167 Total ballots cast for neither____________________________ 36 Total on eligibility list not voting________________________ 8 No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. Local 2-101, which received a plurality in the election, has requested a run-off election to. deter- mine whether or not the employees desire to be represented by Local 2-101 for the purposes of collective bargaining. Local No. 2048 has filed with the Board a petition requesting that in the event a run-off election is directed to be held it's name appear on the ballot together with that of Local 2-101. The Election Report reveals that neither of the competing, labor organizations received a majority of the votes cast, but that a sub- stantial majority of the employees voting desire to be represented by a labor organization for the purposes of collective bargaining with the Company. The procedure in run-off elections, under such cir- cumstances, has been modified by the Board, -for reasons separately stated by a majority of its members, in Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization, 2 so that the ballot shall contain the names of both labor organizations but no place in which to vote again for "neither"; the organization receiving the higher number of votes to be certified as exclusive bargaining representative. Accordingly, the Board will direct a run-off election in -which the employees will be given the opportunity to decide whether they desire to be represented by Local No. 2648 or by Local 2-101 for the purposes of collective bargaining. The request of Local 2-101, in so far as it would exclude Local No. 2648 from the ballot and limit the election to a determination of whether or not Local 2-101 should be the representative, is hereby denied. SECOND DIRECTION OF ELECTION 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, 49 Stat. 449, and pursuant to Article III, Sections. 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargain- 22 N. L. R B. 465 11 WALTON LUMBER COMPANY 741 ing with Walton Lumber Company, Everett, Washington, an election shall be conducted as early as possible but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision of the Regional Director for the Nineteenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direction of Elec- tion issued February 19, 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented for the purposes of collective bargaining by Local No. 2648, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, or by International Woodworkers of America, Local 2-101, affiliated with the Congress of Industrial Organizations. MR. WILLIAM M. LEISERSON, concurring in part and dissenting in part : I hold to my opinion in the R. K. LeBlond case that the Board is not authorized by the Act to order a run-off election at all, but that since the majority does direct one, the ballot should contain only the names of the two organizations which have been designated by employees to represent them for collective bargaining, and no place to vote against a labor organization. CHAIRMAN MADDEN, concurring in part and dissenting in part : I think the Board should permit the eligible employees to vote, as under the former run-off election procedure, for or against Local 2-101, which received a plurality of the votes in the original election. See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization. 4 "See also my dissenting opinion in Matter of Coos Bay Lumber Company and Lumber and Baminill Workers Union Local No. 2573, 16 N L R B, 476. 4 22 N . L R. B. 465. 2R. O33-4 i -vol 22--48