West Side Lumber Co.

In the Matter Of VEST SIDE LUMBER COMPANY and LUMBER AND SAWDIILL WORKERS, LOCAL UNION No. 2810, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA Case No. R-1810 CERTIFICATION OF REPRESENTATIVES December 17, 1940 On June 6, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in this pro- ceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on June 28, 1940, under the direction and supervision of the Regional Director for the Twentieth Region (San Francisco, California). On July 27, 1940, the Regional Direc- tor, •acting pursuant to Article III, Section 9, of the National Labor Relations, Board Rules and Regulations-Series 2, as amended, issued and duly served upon .the parties an Election Report setting forth the results of the balloting and the Regional Director's rulings upon challenged ballots. Thereafter, International Woodworkers of America, Local No. 84, herein called the C. I. O. Local, filed Objec- tions to the Election Report, and the Regional Director issued a. Report on the Objections. On October 17, 1940, the Board issued a Supplemental Decision and Supplemental Direction 2 in which it found that the Objections filed by the C. I. O. Local did not raise any substantial or material issues with respect to the conduct of the election or the Election Report, affirmed the Regional Director's rulings upon challenged ballots, and .directed the Regional Director to open and count the challenged ballots of nine persons who had been found eligible to vote, and to prepare and serve a Report embodying her findings thereon and her recommendations as to the results of the secret ballot. On October 25, 1940, the Regional Director issued and duly served upon the parties a Supplemental Election Report. No Objections to the Supplemental Election Report have been filed by any of the parties. 124 N. L. R. B. 416. 2 27 N. L. R. B. 935. 28 N. L. R. B., No. 99. 664 WEST SIDE LUMBER COMPANY 665 As to the nine challenged ballots cast by persons who had been found eligible to vote, the Regional Director reported as follows : Number of votes for Lumber & Sawmill Workers Local Union No. 2810, United Brotherhood of Carpenters and Joiners of America, A. F. L----------------------------------------- 8 Number of votes for International Woodworkers of America, C. I. 0., Local 84----------------------------------------- Number of votes for neither--------------------------------- Total number of ballots counted --------------------------- 1 0 9 As to the results of the entire election, the Regional Director reported as follows : Total number eligible to vote -------------------------------- 323 Number of votes for Lumber & Sawmill Workers Local Union No. 2810, United Brotherhood of Carpenters and Joiners of America, A. F. of L--------------------------------------- 145 Number of votes for International Woodworkers of America, C I. 0., Local 84----------------------------------------- 129 Number of votes for neither------------------ --------------- 13 Total number of votes counted ----------------------------- 287 Number of blank ballots------------------------------------ 1 Number of void ballots------------------------------------- 0 By letter to the Board, dated November 1, 1940, the Brotherhood of Locomotive Firemen and Enginemen and the Brotherhood of Railroad Trainmen, herein called the Brotherhoods, protested the in- clusion of certain employees in the unit previously found by the Board to be appropriate. Upon full consideration the Board rejects the protest and will proceed with certification of Lumber & Sawmill Workers Local Union No. 2810, United Brotherhood of Carpenters and Joiners. The action of the Board in certifying at this time does not foreclose the Brotherhoods from filing petitions in the future and does not foreclose the Board from considering any contentions as to appropriate unit which such petition may raise. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions 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 I-IEREBY CERTIFIED that Lumber & Sawmill Workers, Local Union No. 2810, United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, has been designated and selected by a majority of all inside and outside em- ployees at the Tuolumne, California, plant of West Side Lumber Company, including the roundhouse crew, car-shop crew, broad-gauge switching crew, and the night hostler, but excluding the day-kiln 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD operator , janitor, safety inspector, night watchman, employees who work on the Company's narrow -gauge railroad, woods employees, employees with power to hire and discharge , and clerical or office employees, as their representative for the purposes of collective bar- gaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, Lumber & Sawmill Workers, Local Union No. 2810, United Brotherhood of Carpenters and Joiners of America , affiliated with the American Federation of Labor, is the exclusive representa- tive 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.