Aluminum Co. of America

National Labor Relations Board - Board DecisionsMay 21, 1938

7 N.L.R.B. 351 (N.L.R.B. 1938)

In the Matter of ALUMINUM COMPANY OF AMERICA AND ITS WHOLLY OWNED SUBSIDIARY, THE ST. LAWRENCE RIVER POWER COMPANY' and INTERNATIONAL UNION, ALUMINUM WORKERS OF AMERICA Case No. B-631 CERTIFICATION OF REPRESENTATIVES May 21, 1938 On April 11, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 2 in the above-entitled case. The Direction of Election directed that an election by secret ballot be held among the production and main- tenance employees of Aluminum Company of America and its sub- sidiary, The St. Lawrence River Power Company, at their Massena, New York, plants, herein called the Companies, on the pay rolls of the Companies and working as of the pay-roll date of February 2, 1938, and such of their regular employees who may not have been ,on the pay rolls on such date, but who might have been reemployed up to the date of the election, exclusive of supervisory and office employees, to determine whether they desired to be represented by International Union, Aluminum Workers of America, or Aluminum Workers Union, Federal Local No. 19256, for the purposes of col- lective bagaining, or by neither. By Amendment to Decision and Direction of Election,3 on April 25, 1938, the Board amended its Direction of Election by striking therefrom the words "to determine whether they desire to be represented by International Union Alumi- num Workers of America, or Aluminum Workers Union, Federal Local No. 19256, for the purposes of collective bargaining, or by neither," and substituting therefor the words "to determine whether or not they desire to be represented by Aluminum Workers Union, Federal Local No. 19256, affiliated with ' the American Federation of Labor, for the purposes of collective bargaining." On April 28, "By stipulation of all the parties to the case , the name of the subsidiary of Aluminum Company of America was changed to read "The St. Lawrence River Power Company," and it was further stipulated that said change was to be made in all the formal papers and transcript in this case. 2 6 N L R. B. 550. 16N L R B 553. 351 352 NATIONAL LABOR RELATIONS BOARD 1938, the Board denied a further motion of International Union, Aluminum Workers of America, which had been filed on April 26, 1938, to permit it to withdraw its petition without prejudice or to defer the election. Pursuant to the Direction and Amended Direction, an election by secret ballot was conducted on April 29, 1938, at Massena, New York, under the direction and supervision of the Regional Director for the Third Region (Buffalo, New York). Thereafter the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties an Intermediate Report on the ballot. No exceptions to the Intermediate Report have been filed by any of the parties. As to the results of the secret balloting, the Regional Director reported as follows : Total number eligible to vote---------------------------- 2,219 Total number of ballots counted-------------------------- 1, 747 Ballots in favor of Aluminum Workers Union, Federal Local No. 19256, A F. of L------------------------------ 1, 515 Total ballots against Aluminum Workers Union, Federal Local No. 19256, A. F. of L---------------------------- 232 Blank ballots--------------------------------------------- 5 Void ballots---------------------------------------------- '8 Challenged ballots---------------------------------------- 10 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, 49 Stat. 449, herein called' the Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Aluminum Workers Union; Federal Local No. 19256, affiliated with the American Federation of Labor, has been designated and selected by a majority of the production and maintenance employees of Aluminum Company of America and its subsidiary, The St. Lawrence River Power Company, at their Massena, New York, plants, exclusive of supervisory and office em- ployees, as their representative for the purposes of collective bar- gaining, and that, pursuant to Section 9 (a) of the. Act, Aluminum Workers Union, Federal Local No. 19256, affiliated with the Amer- ican Federation of Labor, 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.