Ohio Match Co.

In the Matter of OHIO MATCH COMPANY and INTERNATIONAL WooD-- WORKERS OF AMERICA, LocAL No. 119; AFFILIATED WITH THE CONGRESS. OF INDUSTRIAL ORGANIZATIONS Case No. R-3075.-Decided October 01, 1911 Practice and Procedure : petition dismissed where results of an election, held pursuant to a stipulation for certification upon consent election, show that no representative has been selected by a majority of the employees in the, appropriate unit. Mr. Thomas P. - Graham , Jr., for the Board. Mr. A. P. Bailey, of Huetter, Idaho, for the Company: Mr. Fred Sic f ken, of Coeur d'Alene, Idaho, for the I. W. A. Miss Marcia Hertzmark , of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On July 29, 1941, the International Woodworkers of America,. Local No. 119, affiliated with the Congress of Industrial Organiza- tions, herein called the I. W. A., filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a petition alleging- -that a question affecting commerce had arisen concerning the repre- sentation of employees of Ohio Match Company, herein called the- Company, engaged in sawing lumber at Huetter, Idaho, and request- ing 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 August 6, 1941, the National Labor Rela- tions 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 appropriate hearing upon due notice. On July 30, 1941, the Company, the I. W. A., and the Regional Di_ rector, entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." 36 N. L. R. B., No. 53. 303 304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the Stipulation, an election by secret ballot was con- ducted on August 11, 1941, under the direction and supervision of the Acting Regional Director among all production and maintenance employees of the Company in and about its plant at Huetter, Idaho, excluding supervisory and clerical employees, to determine whether or not said employees desired to be represented by the I. W. A. On August 16, 1941, the Acting Regional Director issued and duly served upon the parties his Election Report on the ballot. No ob- jections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report, the Acting Regional Director reported as follows concerning the balloting and its results: Total on eligibility list____________________________________ 200 Total ballots cast__________________________________________ 190 Total votes cast for International Woodworkers of America, Local No. 119, C. I. O-------------------------------------- 91 Total votes cast against the International Woodworkers of America, Local No. 119, C. I. O___________________________ 95 Total ballots challenged 4 Total on eligibility list not voting ----------------------------- 10 The results of the election show that no representative has been selected by a majority of the employees in the appropriate unit. The petition of International Woodworkers of America, Local No. 119, for investigation and certification of representatives of employees of Ohio Match Company, Huetter, Idaho, will therefore be dismissed. 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 the Ohio Match Company, Huetter, 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 Huetter, Idaho, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Ohio Match Company, OHIO MATCH COMPANY 305 Huetter, Idaho, filed by International Woodworkers of America, Local No. 119, affiliated with the Congress of Industrial Organizations, be, and it hereby is, dismissed. MR. GERARD D. REUaY took no part in the consideration of the above Decision and Order. 433118-42-vol. 36--21