Armour and Co. of Delaware

National Labor Relations Board - Board DecisionsNov 7, 1941

36 N.L.R.B. 786 (N.L.R.B. 1941)

In the Matter of ARMOUR FERTILIZER. WORKS, DIVISION OF ARMOUR AND COMPANY OF DELAWARE, A CORPORATION and UNITED MINE WORKERS OF AMERICA, DISTRICT 50, AFFILIATED WITH C. I. 0. Case No. R-9211-Decided November 7, 19411 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. Charles A. Graham, for the Board. Mr. P. Vandercook, of Chicago Heights, Ill., for the Company. Mr. Mark Hopkins, for the Union. Mr. Ben Law, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT 'OF THE CASE On September 30, 1941, United Mine Workers of America, Dis- trict 50, affiliated with C. I. 0., herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a. petition alleging that a question affecting commerce had arisen con- cerning the representation of certain employees of Armour Fertilizer Works, Division of Armour and Company of Delaware, A Corpora- tion, herein called the Company, which engages in the production of. commercial fertilizers and sulphuric acid at its plant in Chicago Heights, Illinois, 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 October 9, 1941, the Company, the Union, and the Regional Director entered into a "Stipulation for Certification Upon Consent Election." On October 10, 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 Regula- tions-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. 36 N. L. R. B., No. 163. 786 ARMOUR FERTILIZER WORKS 787 Pursuant to the Stipulation, an election by secret ballot was con- ducted on October 15, 1941, under the direction and supervision of the Regional Director, among all production and maintenance em- ployees of the Company, excluding supervisory employees, office clerical employees, and chemist,, to determine whether or not they desired to be represented by the Union. On October 17, 1941, the Regional Director issued and duly served upon the parties his Elec- tion Report on the ballot. No objection to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report the Regional Director reported as follows concerning the balloting and its results : Total on eligibility list-------------------------------------- 78 Total ballots cast------------------------------------------- i7' Total ballots challenged------------------------------------- 0 Total blank ballots----------------------------------------- 0 Total void ballots------------------------------------------ 0 Total valid votes cast--------------------------------------- 77 Votes cast for the C. I. 0----------------------------------- 49 Votes cast against the C. I. 0------------------------------- 28 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, Chicago Heights, Illinois, 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 of the Company, excluding supervisory employees, office clerical employees, and chemist, 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 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 em- ployees 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 Rela- tions Act, 788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY CERTIFIED that United Mine Workers of America, District -50, affiliated with C. I. 0., has been designated and selected by a majority of all production and maintenance employees of Ar- mour Fertilizer Works, Division of Armour and Company of Dela- ware, A Corporation , Chicago Heights, Illinois , excluding supervisory employees , office clerical employees , and chemist, as their representa- tive for the purposes of collective bargaining , and that, pursuant to Section ,9 (a) of the Act, United Mine Workers of America, District 50, affiliated with C. I. 0., is the exclusive . representative of all such employees in respect to rates of pay, wages , hours of employment, and other conditions of employment.