Jalmer Berg, An Individual And Lumber And Sawmill Workers Union, Local #2667, 357 (1941)

Docket Number:R-2813
Party Name:362

In the Matter of JALMER BERG, AN INDIVIDUAL and LUMBER AND SAWMILL WORKERS UNION, LOCAL #2667 Case No. R-2813.-Decided September 12, 1941 Jurisdiction: logging industry.

Investigation and Certification of Representatives: existence of question: refusal to accord recognition to either of rival organizations; election necessary.

Unit Appropriate for Collective Bargaining: all employees engaged in cutting, yarding, and loading, including hooktenders and regular truck drivers, but excluding supervisors and clerical employees, and operators of trucks for hire.

Definitions: operators of trucks for hire utilized by the Company held not to be employees of the Company.

Mr. Harold Lant, of Bellingham, Wash., for Berg.

Mr. L. Presley Gill, of Seattle, Wash., for the Lumber Workers.

Mr. Perry R. Gershon, of Seattle, Wash., for the I. W. A.

Mr. Robert S. Fouseek, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 24, 1941, Lumber and Sawmill Workers Union, Local #2667, herein called the Lumber Workers, 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 Jalmer Berg, an individual,

Bellingham, Washington, herein called Berg, 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 July 21, 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 appropriate hearing upon due notice.

On July 23, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon Berg, the Lumber Workers, and International Woodworkers of America, Local No. 2-46, C. I. O., herein called the I. W. A., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 29, 1941, at Bellingham, Washington, before Charles M. Brooks, the Trial Examiner duly designated by the Chief Trial Examiner. All parties were represented by counsel or other representatives and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties.

During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence.

The Board has reviewed the rulings of the Trial Examiner and finds that no...

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