Eagle-Picher Mining and Smelting Co.

National Labor Relations Board - Board Decisions

Oct 13, 1938

9 N.L.R.B. 187 (N.L.R.B. 1938)

In the Matter of EAGLE-PICHER MINING AND SMELTING COMPANY
and INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,
LOCAL 429
Case No. R-836
SUPPLEMENTAL DECISION
AND
ORDER
October 13, 1938
On September 2, 1938, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled case.'
The Direction of Election provided that an election by secret ballot
be held among the production employees of Eagle-Picher Mining
and Smelting Company at its Henryetta, Oklahoma, plant, who were
employed by it during the pay-roll period ending April 30, 1938,
excluding clerical, monthly paid, laboratory, and supervisory em-
ployees, and full-time watchmen, and also excluding employees who
have since quit or been discharged for cause, to determine whether
or not they desired to be represented by International Union of Mine,
Mill and Smelter Workers, Local 429, affiliated with the Committee
for Industrial Organization, for the purpose of collective bargaining.
On September 15, 1938, the Board issued an Amendment to Direc-
tion of Election, postponing the election for five (5) additional
days.2
Pursuant to the Direction and Amendment to Direction of Elec-
tion, an election by secret ballot was conducted on September 22,
1938, at Henryetta, Oklahoma, under the direction and supervision
of the Regional Director for the Sixteenth Region (Fort Worth,
Texas). On September 24, 1938, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued and duly served
upon the parties an Intermediate Report on the election. No objec-
tions or exceptions to the Intermediate Report have been filed by
any of the parties.
18N.L R B 1008.
2 8 N. L. R. B. 1013.
0 N. L. R. B.- No. 29.
187
188 NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results , the Regional Director reported
as follows :
Total number of employees eligible to vote___________________ 380
Total number of ballots cast______________________________ 353
Total number of void ballots______________________________ 0
Total number of blank ballots ----------------- 0
Total number of challenged ballots________________________ 6
Total number of ballots counted ------------ -------------- 347
Total number of votes for International Union of Mine, Mill
and Smelter Workers, Local 429________________________ 145
Total number of votes against International Union of Mine,
Mill and Smelter Workers, Local 429------------------ - 202
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of employees. The peti-
tion for investigation and certification of representatives of em-
ployees of Eagle-Picher Mining and Smelting Company, Henry-
etta, Oklahoma, will therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of Eagle-Picher Mining
and Smelting Company, Henryetta, Oklahoma, filed by International
Union of Mine, Mill and Smelter Workers, Local 429, be, and it
hereby is, dismissed.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Supplemental Decision and Order.