Armour and Co. of Delaware

National Labor Relations Board - Board Decisions

Apr 28, 1942

40 N.L.R.B. 952 (N.L.R.B. 1942)

In the Matter Of ARMOUR FERTILIZER WORKS, DIVISION OF ARMOUR AND
COMPANY OF DELAWARE, A CORPORATION and UNITED MINE WORKERS
OF AMERICA DISTRICT No. 50, AFFILIATED WITH C. I. 0.
Case No. R-3738.-Decided April 08,1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election
Mr. Oscar S. S'inith, for the Board.
Mr. J. M, Durrett, of Nashville, Tenn., for the Company.
Mr. Martin A. Watkins, of Nashville, Tenn., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 12, 1942, United Mine Workers of America, District No.
50, affiliated with C. I. 0., herein ' called the Union, filed with the
Regional Director for the Tenth Region (Atlanta, Georgia) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Armour Fertilizer Works, Division
of Armour and Company of Delaware, a corporation, Nashville, Ten-
nessee, herein called the Company, engaged in the manufacture and
sale of commercial fertilizers and sulphuric acid, 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 March 23, 1942, 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 March 25, 1942, the
Company, the Union, and the Acting Regional Director entered into
a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on April 4, 1942, under the direction and supervision of the
40 N. L. R. B., No. 167.
952
ARMOUR FERTILIZER WORKS 953
Acting Regional Director among the following employees to deter-
mine whether. or not they desired to'be represented by the Union for
the purposes of collective bargaining : all production and maintenance
employees in the Company's plant at Nashville, Tennessee, excluding
supervisory employees, office clerical employees, and chemists.- On
April 6, 1942, the Acting Regional Director issued and thereafter
duly served upon the parties his Election Report on the ballot. No
objections to the conduct of the ballot or to 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___________________________________ 211
Total ballots cast________________________________________ 176
Total ballots challenged___________________________________ 1
Total void ballots________________________________________ 0
Total ballots counted_____________________________________ 175
Total votes cast for United Mine Workers of America, Dist.
No. 50------------------------------------------------- 163
Votes cast against United Mine Workers of America, Dist.
No. 50------------------------------------------------- 12
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 Armour Fertilizer Works, Division of
Armour and Company of Delaware, a corporation, Nashville, Ten-
nessee, 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 in the Company's
plant at Nashville, Tennessee, excluding supervisory employees, office
clerical employees, and chemists, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the National Labor Relations Act.
3. United Mine Workers of America, District No. 50, affiliated with
C. I. 0., has been designated and selected by a majority of the em-
ployees in the above unit as their representative for the purposes of
collective bargaining and is the exclusive representative of all the
employees in said unit, within the meaning of Section 9 (a) of the
National Labor Relations 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,
954, DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
IT is HEREBY 'CERTIFIED that United Mine Workers of America, Dis-
trict No. 50, affiliated with C. I. 0.', has been designated and selected
by a majority of all production and maintenance employees of Armour,
Fertilizer Works, Division of Armour and Company of Delaware, a
corporation, in the Company's plant at Nashville, Tennessee, exclud-
ing supervisory employees, office clerical employees, and chemists, as
their representative for the purposes of collective bargaining, and
that,' pursuant to the provisions.of Section 9 (a) of the Act, United
Mine Workers of America, District No. 50, affiliated with C. 1. 0., is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.