Winton Lumber Co.

In the Matter Of WINTON LUMBER COMPANY and LUMBER AND SAWMILL WORKERS UNION , A. F. L., LOCAL No. 2937 In the Matter of WINTON LUMBER COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA , INLAND EMPIRE PROVISIONAL COMMITTEE Cases Nos. R-3073 and R-3074, respectively-Decided October 17, Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Thomas P. Graham, Jr., for the Board. Mr. Thomas E. Kinney, of Gibbs, Idaho, for the Company. Mr. C. A. Paddock, of Coeur d'Alene, Idaho, for Local No. 2937. Mr. Fred Siefken, of Coeur d'Alene, Idaho, for the I. W. A. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES On June 26, 1941, Lumber and Sawmill Workers Union, Local No. 2937, A. F. L., herein called Local No. 2937, filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Winton Lumber Company, herein called the Company, .engaged in the manufacture of lumber at Gibbs, Idaho, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 7, 1941, International Woodworkers of America, Inland Empire Provisional Committee, on behalf of International Woodworkers of America, Local 119, herein called the I. W. A., filed a petition alleging that a question affecting commerce had arisen concerning the representation of employees of the Company. On July 31, 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 investigations and authorized the Regional Director to conduct them and to provide for 36 N. L. It. B., No. 42. 228 WINTON LUMBER COMPANY 229 appropriate hearings upon due notice. On August 5, 1941, the Board, pursuant to Article III, Section 10 (c) (2), of said Rules and Regu- lations ordered that the above cases be consolidated. On July 29, 1941, the Company, Local No. 2937, the I. W. A., and the Regional Director entered into a "Stipulation for Certification Upon Consent Election." Pursuant to the Stipulation, an election by secret ballot was con- ducted on August 12, 1941, under the direction and supervision of the Regional Director, among all production and maintenance em- ployees of the Company in and about its plant at Gibbs, Idaho, ex- eluding students temporarily employed and clerical and supervisory employees, to determine whether the said employees desired to be rep- resented by Local No. 2937, or by the I. W. A., or by neither. On August 16, 1941, the Regional Director issued and duly served upon the parties his Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report, the Regional Director.reported as follows concerning the balloting and its results : Total on eligibility list------------------------------------ 248 Total ballots cast -------------------------------------------- 222 Total votes cast for Lumber and Sawmill Workers Union, A. F. L., Local No. 2937----------------------------------- 61 Total votes cast for International Woodworkers of America, Local 119, C. I. 0----------------------------------------- 135 Total votes cast for neither---------------------------------- 23 Total votes challenged --------------------------------------- 3 Total on eligibility list not voting--------------------------- 26 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 of Winton Lumber Company, Gibbs, Idaho, 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 of the Company in and about its plant at Gibbs, Idaho, excluding students temporarily employed and clerical and supervisory employees, 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 Woodworkers of America, Local No. 119, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the employees in the above unit as 230 DECISIONS OF NATIONAL LABOR , RELATIONS BOARD their representative 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 Rela- tions Act, IT IS HEREBY CERTIFIED that International Woodworkers of America, Local No. 119, affiliated with the Congress of Industrial Organiza- tions, has been designated and selected by a majority of all the pro- duction and maintenance employees of Winton Lumber Company in and about its plant at Gibbs, Idaho, excluding students temporarily employed and clerical and supervisory employees, as their represent- ative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, International Woodworkers of America, Local No. 119, affiliated with the Congress of Industrial Organiza- tions, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hour of employment, and other conditions of employment. MR. GERARD D. REI7 LY took no part in the consideration of the above Decision and Certification of Representatives.