Diamond Match Co.

In the Matter of DIAMOND MATCH COMPANY and LUMBER & SAWMILL WORKERS UNION, LOCAL #2809 . Case No. R-2712:Decided July 19,1941 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. R. A. Colgan, Jr., of Chico, Calif., for the Company. Mr. Joseph T. Castaldo, of San Francisco, Calif., for the Union. Mr. Armin Uhler, of counsel for the Board. - DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 11, 1941, Lumber & Sawmill Workers Union, Local #2809, affiliated with the A. F. of L., herein called the Union, filed with the Regional Director for the Twentieth Region (San Francisco, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Diamond Match Company, Stirling City plant, herein called the Company, engaged in lumber and sawmill operations at and near Stirling City, California, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On June 10, 1941, 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 to provide for an appropriatq hearing upon due notice. On June 11, 1941, the Board, the Company, and the Union entered into a "STIPT7LATION FOR CERTIFICATION. OF REPRESENTATIVES UPON CONSENT ELECTION." Pursuant to the Stipulation, an election was conducted on June 27, 1941, under the direction and supervision of the Regional Director among all production and maintenance employees of the Company at its Stirling City plant and those employees engaged in logging 33 N. L. R. B., No. 111. 610 DIAMOND MATCH COMPANY 611 .operations at Butte Meadows Camp, excluding executives, foremen, clerical workers, and all other non-production employees, to deter- mine whether said employees desire to be represented for the pur- poses of collective bargaining by the Union. On June 30, 1941, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or to the election report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total number eligible to vote ----------------- ---------------- 227 Number of votes for Lumber and Sawmill Workers Union, Local 2809, United Brotherhood of Carpenters and Joiners of America, A. F. L------------------------------------------ 108 Number of votes against Lumber and Sawmill Workers Union, Local 2809, United Brotherhood of Carpenters and Joiners of America, A. F. L------------------------------------------ 44 TOTAL NUMBER OF VOTES COUNTED------------------- 212 Number of blank ballots------------------------------------ 0 Number of void ballots -------------------------------------- 0 Number of challenged ballots-- ------------------------------ 1 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 at the Stirling City plant of Diamond Match Company, at and near Stirling City, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees at the Stirling City plant of the Company, including those-engaged in logging operations at Butte Meadows Camp, excluding executives, foremen, clerical workers, and all other non-production employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3. Liunber & Sawmill Workers Union, Local #2809, affiliated with the A. F. of L., has been designated and selected by a majority of the employees in the above unit as their representative for the pur- poses of collective bargaining and is the exclusive representative of all the employees in said unit within the meaning of Section 9 (c) of the 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, - 450122-42-vol 33-40 612 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD IT IS HEREBY CERTIFIED that Lumber & Sawmill Workers Union, Local #2809, affiliated with the A. F. of L., has been designated and -selected by a majority of all production and maintenance employees at the Stirling City plant of Diamond Match Company, at and near Stirling City, California, including those engaged in logging opera- tions at Butte Meadows Camp, excluding executives, foremen, clerical workers, and all other non-production employees, as their repre- sentative for the purposes of collective bargaining, and that, pur- suant to the provisions of Section 9 (a) of the Act, Lumber & Saw- mill Workers Union, Local #2809, affiliated with the A. F. of L., 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.