Shaw Lumber Co.

In the Matter of SHAW LUMBER COMPANY and LUMBER & SAWMILL WORKERS UNION, LOCAL 2544, CHARTERED BY THE UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OF AMERICA , AFFILIATED WITH THE A. F. OF L. - - Case No. R-2156 SUPPLEMENTAL, DECISION, - AND DIRECTION OF RUN-OFF ELECTION, March 6, 1941 On December 31, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and' Direction of Election in this proceeding 1 directing that an election by secret ballot be conducted among certain employees of Shaw Lumber Company, Tionesta, Cali- fornia, herein called the Company, to determine whether they "desire to be represented for the purposes of collective bargaining by Lumber & Sawmill Workers Union, Local 2544, chartered by the United Brotherhood of Carpenters and Joiners of America , affiliated with the A. F. of L., herein called Local 2544, or by International Wood- workers of America, Local 6-12, herein called the I. W. A., or -by neither. I - - Pursuant to the Direction of Election , an election by secret ballot was conducted on January -29 ,11941., under the direction- and supervision of the Regional Director for the Twentieth Region (San Francisco, California). On February 4, 1941 , ; 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 in the election . No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the results of the balloting, the Regional Director reported as follows : 1 28 N L. R B 818 30 N. L. R. B., No. 15. 93 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total number eligible to vote-------------------------------- 222 Number of votes for Lumber & Sawmill Workers Local Union No. 2544, United Brotherhood of Carpenters and Joiners of America, A. F. L----------------------------------------- 75 Number of votes for International Woodworkers of America, C. 1. 0:, Local No. 6-12 ------- ------------------------------ 38 Number of votes for neither---------------- ----------------- 48 Total number of ballots counted------------------------------ 161 Number of blank ballots ------------------------------------ 0 Number of void ballots----------------------- ---------------- 0 Number of challenged ballots -------------------------------- 10 The Regional Director reported that inasmuch as the challenged ballots could not affect the results of the election, they were not counted. On February 3, 1941, Local No. 2544, the union which received a plurality of the votes cast, requested that a run-off election be held by the Board in which the names of the two unions only should appear on the ballot. It appears that no representative has been selected by a majority of those voting in the election but that a substantial majority of the employees voting desire ,to bargain collectively with the Company. Under these circumstances we shall direct that a run-off election be held among the employees in the appropriate unit, in which the eligible employees will be given the opportunity to de- cide whether they desire to be represented by Local 2544 or by the I. W. A. for the purposes of collective bargaining. DIRECTION OF RUN-OFF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 8, 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 ascertain representatives for the purposes of collective bargaining with Shaw Lumber Company, Tionesta, California, an election by secret'ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Run-off Election, under the direction and supervision of the Regional Director for the Twentieth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees of Shaw Lumber Com- pany described in the Direction of Election issued on December 31, 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 Lumber & Sawmill Workers SHAW LUMBER COMPANY 95 Union, Local 2544, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the A. F. of L., or by Inter- national Woodworkers of America, Local 6-12. MR. WILLIAM M. LEIS soN, dissenting : For the reasons stated in my dissenting opinion in Matter of Coo8 Bay Lumber Company,2 I would not direct a run-off election. 2 Matter of Coos Bay Lumber Company and Lumber .& Sawmill Workers Union, Local No. P573, 16 N. L. it. B. 476. 1