American Smelting and Refining Co.

National Labor Relations Board - Board Decisions

Oct 12, 1942

44 N.L.R.B. 1088 (N.L.R.B. 1942)

In the Matter of AMERICAN SMELTING AND REFINING COMPANY and
INDEPENDENT LEAD WORKERS' UNION, LOCAL2
In " the Matter of AMERICAN SMELTING AND REFINING COMPANY and
AMERICAN FEDERATION OF LABOR AND ALL ^ AFFILIATED ORGANIZA-
TIONS
Cases Nos. R-3925 and R-3926, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION 'OF REPRESENTATIVES
October 12, 1942
On July 22, 1942, the National Labor Relations Board issued a
Decision and Direction of Elections in the above-entitled proceeding,'
and on August 12, 1942, an Amendment to Direction of Elections.'
Pursuant to the Direction of Elections, as amended, elections by secret
ballot were conducted on August 12, 1942, under the direction and su-
pervision of the Regional Director for the Fourteenth Region (St.
Louis, Missouri). On September 1, 1942, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served'
upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Maintenance Employees in Mechanical Division
Number of names on eligibility list--------------------------- 51
Total number of ballots cast--------------------------------- 49
Number of ballots challenged -------------------------------- 8
Number of blank ballots------------------------------------- 0
Number of void ballots-------------------------------------- 0
Total number of valid votes counted-------------------------- 41
Number of ballots voted for Independent Lead Workers' Union,
Local 2--------------------------------------------------- 4
Number of ballots voted for American Federation of Labor__-- 37
Votes cast for neither--------------------------------------- 0
142 N L R B 736.
2 43 N. L R. B 60.
44 N. L R. B., No. 211.
1088
AMERICAN SMELTING AND 'RE 'FINING COMPANY 1089
Remaining Production and Maintenance Employees
Number of names on eligibility list------- ------------------- 376
Total number of ballots cast- --------------------------------} 351
Number of ballots challenged -------------------------------- 16
Number of blank ballots -------------------------------------. 0
Number of void ballots- ------------------------------------- 0
Total number of valid votes counted-------------------------- 335
Number of ballots voted for District 50, United Mine Workers '
of America , C. I 0-------------=------------------------- 175
Number of ballots voted for Independent Lead Workers' Union,
Local 2--------------------------------------------------- 153
Votes cast for neither--------------------------------------- 7
Three of the 16 challenged ballots in the second voting group were
challenged by the Company on the ground that Mitchell McBride,
'Otis Edwards, and Robert Dennis, who cast the ballots, were no longer
employees of the Company. The Regional Director's report shows
that none of the' 3 persons were on the Company's pay roll for either
voting group. McBride has not worked since December 11, 1940,
Edwards since May 13,'1942, and Dennis since March 20, 1942, all
because of some physical incapacity. It is the Company's policy not
to rehire or recall any employee who is off because of illness until
he has received the approval of the,Company doctor. The Regional
Director ruled that the challenges-to these 3 ballots be sustained and,
since this would then give District 50, United Mine Workers of
America, C. I. 0., herein called the U. M. W., a majority of the eligible
votes cast in the second voting group, that the U. M. W. be certified
therein.
On September 8, 1942, the Independent Lead Workers' Union, Local
2, herein called the Independent, and the American Federation of
Labor and all affiliated organizations, herein called the A. F. of L.,
filed objections to the Election Report. On September 28, 1942, the
Regional Director issued a Report on Objections. We have consid-
ered the objections filed by the Independent and the Regional Direc-
tor's Report thereon, and we find that the objections raise no sub-
stantial or material issues with respect to the conduct of the elections.,
The objections of the A. F. of L. are directed to the Regional Di-
rector's rulings on the challenged ballots of nine specified employees.
The Regional Director ruled that these nine employees had properly
voted in the production and maintenance voting group rather than in
the maintenance employees voting group. The A. F. of L. contends
that they should be included in the latter group. Four of the em-
ployees, Harrison Lattimer Jackson, Paul Burt Jackson, Irwin Davis,
and Lloyd Joseph Grace, work in the bag house under the supervision
of the bag-house foreman. Part of the time they are engaged in
repair work on mechanical shakers and the remainder of the time in
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1090 DECISIONS - OF NATIONAL, LABOR RELATIONS BOARD
regular production work in the bag house. The repair work they per-
form requires little skill. In our Decision and Direction of Elections
mentioned heretofore, we established a separate voting group of main-
tenance or mechanical division or machine shop employees. • -Since
these four employees do not work under that department, they prop-
erly belong in the residuary production and maintenance voting group.
The remaining five of the nine employees, Andrew Emory Glenn,
John Henry Ellis, Estel Wilson, Louis- Shandrow, Leo S. Wittman,
with the exception of Wittman, are classified as hearth machine-tend-
ers by the Company. Wittman is classified as a hearth oiler and hearth
machine tender. The Company had listed all of them in the first
voting group, but the Independent contended that they belonged in
the second group. Hearth machine tenders make minor repairs and
adjustments on hearth machines in the hearth department. They re-
place worn parts but do not repair them. They work under the
Supervision of the hearth foreman, and when absent are replaced by'
production employees from the hearth department. Furthermore,
they work all shifts, whereas the mechanical division employees work
only the day shift. Since these employees do not work under the me-
chanical department, they, too, properly belong in the residuary pro-
duction and maintenance voting group.
On the basis of the foregoing facts we hereby overrule the objections
of the Independent and the A. F. of L. and affirm the findings, rulings,
and recommendations of the Regional Director ill his Election Report
and Report on Objections."
In the Decision and Direction of Elections previously referred to,
the Board made no final determination as to the appropriate unit or
units, but found that the maintenance department employees "could"
properly function as a separate bargaining unit, or as part of a unit
comprising the production and maintenance employees generally,"
depending upon the results of the elections directed by the Board.
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that all maintenance department employees of the Com-
pany, including maintenance men, maintenance men helpers, main-
tenance apprentices, machinists, electricians, plumbers, pipe fitters,
carpenters, millwrights, track maintenance men, hearth mechanics, and
general repair employees, but excluding all supervisory employees, all
clerical'employees, all production employees, and all other employees
,The renraunng 4 of the 16 challenged ballots in the second voting group were chal-
lenged by Distract 50 on the ground that they were janitors, or clean-up men, and there-
fore not eligible to vote The Regional Diiector ruled that since they were not expressly
excluded Iiom the second voting group and have no connection with the mechanical
division, that they properly voted in the second voting group.
AMERSC'AN SMELTING AND REFINING COMPANY 1091
not included above, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
We also find that all production and maintenance employees of the
Company, including bag-house repairmen, hearth machine tenders and
oilers, and clean-up employees, but excluding executives, supervisors,
technical foremen, extra foremen, clerks, accountants, assayers, chem-
ists, secretaries, stenographers, metallurgists, engineers, watchmen, and
maintenance department employees, 'c'onstitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section.
9 (b) 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,
and pursuant to Article III, Sections 8 and 9, of National Labor
Relations Board.Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that the Americana Federation of Labor has
been de,ignated and selected by a majority of all maintenance depart-
ment employees of American Smelting and Refining Company, Alton,
Illinois , including maintenance men, maintenance men helpers, main-
tenance apprentices , machinists , electricians , plumbers, pipe fitters,
carpenters , millwrights , track maintenance men, hearth mechanics, and
general repair . employees , but excludingall supervisory employees, all
clerical employees, all production employees , and all other employees
not included above, as their representative for the purposes of collec-
tive bargaining , and that, pursuant to Section 9 (a) of the National
Labor Relations Act, the American Federation of Labor is the exclu-
sive representative of all such employees for the purposes of collec-
tive bargaining in respect to rates of pay,.wages , hours of employment,
and other conditions of employment.
IT is FURTHER CERTIFIED that District 50, United Mine Workers of
America ,- C; I. 0., has been designated-and selected by a majority of
all production and maintenance employees of American Smelting and
Refining Company , Alton, Illinois, including bag-house repairmen,
hearth machine tenders and oilers , and clean -up employees but exclud-
ing executives , supervisors , technical foremen, extra foremen,-clerks,
accountants , assayers , chemists , secretaries , stenographers , metal-
lurgists , engineers , watchmen , and maintenance department employees
as their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (a) of the National Labor Relations Act,
District 50, United Mine Workers of America , C. I. 0., is the exclusive
representative of all such employees for the purposes of, collective
bargaining ; in respect .to rates of .hay, wages , hours of employment, and
other conditions of employment.