American Sugar Refining Co.

National Labor Relations Board - Board Decisions

Feb 14, 1938

5 N.L.R.B. 299 (N.L.R.B. 1938)

In the Matter of AMERICAN SUGAR REFINING COMPANY and COMMIT.
TEE FOR INDUSTRIAL ORGANIZATION
In the Matter of AMERICAN SUGAR REFINING COMPANY and UNITED
SUGAR WORKERS UNION, LOCAL 21023
Cases Nos. R-363 and R-364
CERTIFICATION OF REPRESENTATIVES
February 14, 1938
On August 14, 1937, the Committee for Industrial Organization,
herein called the C. I. 0., and United Sugar Workers Union, Local
21023, herein called the Federal Union, each filed with the Regional
Director for the Fifth Region (Baltimore, Maryland) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of American Sugar Refining Company,
herein called the Company, at its refinery located in Baltimore,
Maryland, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On September 25,
1937, the National Labor Relations Board, herein called the Board,
acting pursuant to Article III, Section 10 (c) (2), of National Labor
Relations Board Rules and Regulations-Series 1, as amended, di-
rected that the cases be consolidated for the purposes of a hearing,
and acting pursuant to Article III, Section 3, of said Rules and Reg-
ulations, ordered an investigation and authorized the Regional Direc-
tor to conduct it and to provide for an appropriate hearing upon
due notice.
On October 7, 1937, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
C. I. O. and upon the Federal Union. On October 20, 1937, the
Regional Director also issued to the International Longshoremen's
Association and to the Truck Drivers' and Helpers' Union notices
advising each such organizations of its right to intervene in this case.
Pursuant to the notices, a hearing was held on October 25, 1937, at
Baltimore, Maryland, before Leo J. Kriz, the Trial Examiner duly
designated by the Board. On January 13, 1938, the Board issued a
Decision and a Direction of Election.' The Direction of Election
14 N. L. R . B. 897.
299
300 NATIONAL LABOR RELATIONS BOARD
provided that an election by secret ballot be held within 15 days from
the date of the Direction among production employees of American
Sugar Refining Company at its plant in Baltimore, Maryland, who
were on its pay roll of October 16, 1937, including weighers, checkers,
samplers, and chauffeurs, but excluding longshoremen, guards, lab-
oratory workers, supervisory and clerical employees, and those who
since had voluntarily quit or been discharged for cause, to determine
whether they desired to be represented by the Committee for Indus-
trial Organization or by the United Sugar Workers Union, Local
21023, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining, or by neither.
The 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 to the proceed-
ing his Intermediate Report on the ballot. No exceptions to the
Intermediate Report have been filed by any of the parties.
As to the balloting and its results the Regional Director reported
as follows :
Total number of eligibles-------------------------------------- 675
Total number of ballots cast------------------------------------ 613
Total number of blank ballots---------------------------------- 0
Total number of void ballots------------------------------------ 1
Total number of challenged ballots------------------------------ 0
Total number of votes for the Committee for Industrial Organiza-
tion---------------------------------------------------------- 486
Total number of votes for United Sugar Workers Union, Local
21023, affiliated with the American Federation of Labor-------- 67
Total number of ballots cast for neither labor organization------ 59
By virtue of and pursuant to the power vested in the National
Labor Relations 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 the Committee for Industrial Organi-
zation has been designated and selected by a majority of the produc-
tion employees of the American Sugar Refining Company at its plant
in Baltimore, Maryland , including weighers, checkers , samplers, and
chauffeurs , but excluding longshoremen , guards, laboratory workers,
supervisory and clerical employees, as' their representative for the
purposes of collective bargaining, and that, pursuant to Section 9
(a) of the National Labor Relations Act, the Committee for Indus-
trial Organization is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages , hours of employment , and other conditions of
employment.