Bay City Box Co.

In the Matter of BAY CITY Box COMPANY and INTERNATIONAL LONG- SHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL 1-6 . Case No. R-2428-Decided April 25, 1941 -Investigation and Certification of Representatives : stipulation for certification upon consent election - Mr. Al Carrara, of San Francisco, Calif., for Local 1-6. Mr. Charles J. Janigian, of San Francisco, Calif., for B. M. U. Mr. G. J. Brooks, of San Francisco, Calif., for the Company. Mr. William M. Bartley, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On November 29, 1940, the International Longshoremen's and Warehousemen's Union, Local 1-6,1 herein called Local 1-6, filed with the Regional Director for the Twentieth Region (San Fran- cisco, California) a petition alleging that a question affecting com- merce had arisen concerning the, representation of employees of Bay City Box Company, herein called the Company, engaged in the manufacture, distribution, and sale of wooden boxes and other lum- ber products at the plant in San Francisco, California, 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 December 20, 1940, the National Labor Rela- tions tions Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, ordered an 1 The petition was filed by the United Furniture Woi leers of America, Local 263, C I. O. On April 2, 1941, the Board, upon motion duly filed by the International Longshoremen's and Warehousemen's Union, Local 1-6, to amend the caption and name of petitioner by substituting the name of Local 1-6 for that of the original petitioner, issued its order to show cause on or before April 9, 1941, why said motion should not be granted Box Makers' Union, Local 1137, United Brotherhood of-Carpenters and Joiners of America, A. F. of L, filed objections which the Board has considered. The motion is hereby granted and the name of Local 1-6 has been substituted herein for United Furniture Workers of America, Local 263, C. I. 0., wherever it appeared in the record 31 N. L R. B., No. 57. - 361 I 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On Decem- ber 21, 1940, the Company, Local 1-6, Box Makers Union, Local 1137, Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, herein called B. M. U., and an attorney for the Board entered into a "STIPULATION FOR CER- TIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation an election by secret ballot was con- ducted on January 27, 1941, under the direction and supervision of the Regional Director among all production and maintenance employees it the San Francisco plant, including working foremen, but excluding supervisory, office and clerical employees, and truck drivers to de- termine whether the employees desired to be represented by Local 1-6 or by B. M. U. for the purposes of collective bargaining, or by neither. On February 13, 1941, the Regional Director issued and duly sewed upon the parties her Election Report-on the ballot. In her Election Report, the Regional Director reported as fol- lows concerning the balloting and its results : Total number eligible to vote---------------------------- ----------------------------------------- 21 Number of votes for International Longshoremen' s Lind Warehousemen's Union, Local 1_6 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9 Number of votes for Box Makers' Union, Local 1137, United Brother- hood of Carpenters and Joiners of America, A. F. of L--------------- 7 Total number of votes counted----------------------------------------- 16 Number of blank ballots---------------------------------------------- 0 Number of void ballots-_ ------------------------------------- 0 Number of challenged ballots---- -------------------------------------- 5 The votes of James Moranda, Frank Testa, Frank Barbaccia, E. Kuhl, and F. Tomlinson were challenged, and the Regional Director ruled that James Morancla, Frank Testa, and Frank Barbaccia were eligible to vote in the election and that E. Kuhl and F. Tomlinson were not eligible to vote. The attorney for B. M. U. requested 'a continuance of 5 days to present objections, which was granted by the Regional Director. On February 24, 1941, the attorney for B. M. U. filed objections to the conduct of the election and to the rulings of the Regional Di- rector regarding the eligibility of E. Kuhl and F. Tomlinson. On March 7, 1941, after considering these objections, the Acting Re- gional Director issued a Report on Objections, finding that the objec- tions did not raise a substantial and material issue with respect to the, conduct of the ballot and affirming the previous rulings on chal- [enged ballots. 2 See footnote 1 supra BAY CITY BOX COMPAlvY In a Supplemental Election Report on March 15, 1941, the Acting Regional Director reported that the challenged ballots of James Moranda, Frank Testa, and Frank Barbaccia, had been opened and counted and that the final tabulation of the balloting was as follows : Total number eligible to vote__________________________________________ 19 Number of votes for International Longshoremen's and Warehousemen's Union, Local 1-6'-------------------------------------------------- 10 Number of votes for Box Makers' Union, Local 1137, United Brother- hood of Carpenters and Joiners of America, A F. of L________________ 9 Number of votes for neither___________________________________________ 0 Total number of votes counted________________________________________ 19 Number of blank ballots______________________________________________ 0 Number of void ballots______________________________________________ 0 Number of challenged ballots__________________________________________ 2 Upon- the basis of the Stipulation, the Election Report, the Sup- plemental Election Report, and the entire record in the case, the Board makes the following : FINDINGS 'OF FACT 1. A question liffecting- commerce has arisen concerning the repre- sentation of employees of Bay City Box Company, San Francisco, California, 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 at its San Francisco plant, including working foremen, but excluding supervisory, office and clerical employees, and truck drivers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. International Longshoremen's and Warehousemen's Union, Lo- cal 1-6, affiliated with the C. I. 0., has been designated and selected by a majority of the employees in the above unit as their representa- tive for the purposes of collective bargaining, and is the exclusive representative 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 Re- lations Act; IT IS HEREBY CERTIFIED that International Longshoremen's and Warehousemen's Union, Local 1-6, affiliated with the C. I. 0., has 6 See footnote 1 supra. 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD been designated and selected by a majority of the production and maintenance employees of Bay City Box Company at San Francisco, California, including working foremen, but excluding supervisory, office and clerical employees, and truck drivers, as their representa- tive for the purposes of collective bargaining and' that pursuant to the provisions of Section 9 (c) of the Act, International Longshore- men's and Warehousemen's Union, Local 1-6, affiliated with the C. I. O., 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. I-