Malone Bronze Powder Works, Inc.

National Labor Relations Board - Board Decisions

Mar 4, 1940

21 N.L.R.B. 95 (N.L.R.B. 1940)

In'the Matter Of MALONE BRONZE POWDER WORKS, INC. AND MALONE
ALUMINUM CORPORATION and ALUMINUM AND BRONZE POWDER
WORKERS UNION No. 21211, AFFIL. WITH THE A. F. OF L.
Case No. R-1624
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 4, 1940
On January 15, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election, an
election by secret ballot was conducted on February 8, 1940, at Malone,
New York, under the direction and supervision of the Regional Di-
rector for the Third Region (Buffalo, New York). On February 10,
1940, the Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued an Election Report, copies of which were duly
served upon the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list_____________________________________ 110
Total ballots cast _________________________________________ 710
Total valid ballots cast____________________________________ 106
Ballots in favor of Aluminum and Bronze Powder Workers
Union No 21211, Affil. with the A. F. of L_________________ 56
Ballots in favor of Malone Independent Union _______________ 49
Ballots in favor of neither________________________________ 1
Challenged Ballots---------------------------------------- - 4
On February 10, 1940, Malone Bronze Powder Works, Inc. and
Malone Aluminum Corporation, herein collectively called the Com-
panies, in a letter to the Regional Director, protested that two watchers.
who were present at the polls on behalf of the Companies were required
to sign "some statement with reference to the conduct of the election."
Although the letter contained the statement that "We have no present
objection to the manner in which the election itself was conducted,"
119 N . L R B 449
21 N. L . R. B., No. 13.
95
'96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director considered the protest as a formal objection to
the conduct of the ballot and the Election Report.
On February 19, 1940, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties his Report on Objections, in which he found no merit in the
Companies' protest. With respect to the protest, the Regional Director
reported as follows :
The watchers present on behalf of the Companies did sign a
"Certification on Conduct of Election" wherein they certified
"that the balloting at-Malone, N. Y. was fairly conducted; that
all eligible voters were given an opportunity to vote their ballots
in secret; and that the ballot boxes were protected in the interests
of a fair and secret vote." The watchers were not "required" to
sign this Certification but they were requested to do so by the
undersigned if they felt that this Certification was proper under
the circumstances. The watchers raised no objection and willingly
signed this Certification.
We find that the Objections of the Companies raise no subta;ntidl
and material issues with respect to the conduct of the ballot. The
Objections are hereby overruled.
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, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Aluminum and Bronze Powder Workers
Union No. 21211, affiliated with the A. F. of L., has been designated and
selected by a majority of the production and maintenance employees
of Malone Bronze Powder Works, Inc. and Malone Aluminum Corpo-
ration, excluding executives, supervisory employees, clerical employees,
and watchmen, as their representative for the purposes of collective
bargaining and that, pursuant to Section 9 (c) of the Act, Aluminum
and Bronze Powder Workers Union No. 21211, affiliated with the
A. F. of L., is the exclusive representative of all such employees for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.