Continental Can Co.

National Labor Relations Board - Board DecisionsSep 17, 1943

52 N.L.R.B. 720 (N.L.R.B. 1943)

In the Matter of CONTINENTAL CAN COMPANY , PLANT #22, WHEELING, W. VA. and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R-069 SECOND SUPPLEMENTAL DECISION AND SECOND DIRECTION OF RUN-OFF ELECTION September 17, 1943 On June 14, 1943, the National Labor, Relations, Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled proceeding. On August 5, 1943, the Board issued a Supplemental Decision, Certification of Representatives, and Direc- tion of Run-Off Election. Pursuant to 'the Direction of Run-Off Election a run-off election by secret ballot was conducted on August 24, 1943, under the direction and supervision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania). On August 25, 1943, theiRegional Director acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties a Report on Ordered Run-Off Election. No objections to the said report or to the conduct of the ballot have been filed by any of the parties. As to the results of the balloting among the residual production and maintenance employees the Regional Director reported as follows : Approximate number of eligible voters----------------------- 270 Total ballots cast------------------------------------------- 224 Total ballots challenged------------------------------------- 0 Total void ballots------------------------------------------- 0 Total valid ballots counted---------------------------------- 224 Votes cast for Local No. 12664, District 50, United MineWorkers of America ----------------------------------------------- 79 Votes cast for United Steelworkers of America, C. I. 0--------- 97- Votes cast for Can Workers Independent Union--------------- 48 On August 31, 1943, the United Steelworkers of America, herein called the Steelworkers, and District 50, United Mine Workers of 150 N. L. R. B. 488. 52 N. L. R. B., No. 127. 720 I CONTINENTAL CAN COMPANY 721 America, herein called District 50, filed requests for a second run-ofd election to be conducted by the Board among the residual production and maintenance employees above mentioned. None of the competing labor organizations received a majority of the votes cast in the run-off election among said residual production and maintenance employees-' On August 23, 1943, the Board amended its Rules and Regulations by adding thereto a- new section to be known as Section 11, providing generally for the conduct of run-off elections and further providing that only one run-off election shall be held pursuant thereto. How- ever, since the original Direction of Election and the Direction of Run- Off Election in this proceeding were issued prior to said amendment, we shall, in accordance with our former policy, direct a second run- off election among the residual production and maintenance employees, in which such employees will be given an opportunity to decide whether they desire to be represented by District 50 or by the Steel- workers for the purposes of collective bargaining. District 50 has filed a motion requesting amendment of the Board's direction as to eligibility date to include employees "who were em- ployed by the Company during the pay-roll period immediately pre- ceding the date of the second run-off election." The Steelworkers oppose the selection of a new eligibility date, and the Company takes no position in regard thereto. The motion of District 50 is hereby denied. In accordance with our established practice, we shall direct that, the eligibility date shall be that determined to be appropriate in the Board's original Direction of Election herein. SECOND DIRECTION OF RUN-OFF ELECTION 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 9 and 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with, Continental Can Company, Inc., at its Plant #22, Wheeling, West Virginia, an election by secret ballot be conducted as early-as possible but not later than thirty (30) days from the date of this Direction under the direction and supervision of the Regional Director for the Sixth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the production and maintenance employees of the Company, at its Plant #22, excluding machinists, tool and die makers, their appren- 722 DF4OIStONS OF NArrrONAL LABOR RELATIONS BOARD tices and helpers, draftsmen, and supervisory, clerical, technical, and ,plant-protection employees, who were eligible to vote in the election conducted on July 7, 1943, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by Local No. 12664, District 50, United Mine Workers of America, or by United Steelworkers of America, affiliated with the C. 1. 0., for the purposes of collective bargaining.