Monolith Portland Cement Co.

National Labor Relations Board - Board Decisions

Nov 6, 1941

36 N.L.R.B. 694 (N.L.R.B. 1941)

In the Matter of MONOLITH PORTLAND CEMENT COMPANY and LOCAL
550, INTERNATIONAL UNION MINE, MILL & SMELTER WORKERS , C. I. O.
Case No. R-°2992.Decided November 6, 1941
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
On October 9, 1941, the National Labor Relations Board, herein
called the.Board, issued a Decision and Direction of Election in the
above-entitled proceeding.,' Pursuant to the Direction of Election,
an election by secret ballot was conducted on October 24, 1941, under
the direction and supervision of the Regional Director for the Twenty-
first Region (Los Angeles, California). On October 25, 1941, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties his Election Report
on the balloting. No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list_____________________________________ 299
Total ballots cast__________________________________________ 266
Total ballots challenged____________________________________ 2
Total blank ballots_________________________________________ 0
Total void ballots __________________________________________ 0
Total ballots not counted____________________________________ 2
Total ballots counted_______________________________________ 264
Total votes for Local 550, International Union Mine, Mill &
Smelter Workers, affiliated with the Congress of Industrial
Organizations____________________________________________ 131
Total votes for Local 52, United Cement Lime and Gypsum
Workers International Union, affiliated with the American
Federation of Labor______________________________________ 129
Total votes for neither -------------------------- ___------ 4
Since the number of challenged ballots cannot affect the results of
the election, we find it unnecessary to pass upon the challenges.
1 35 N. L. R. B., No. 226.
36 N. L. It. B., No. 149.
694
MONOLITH PORTLAND CEMENT COMPANY 695
On October 30, 1941, Local 550, International Union Mine, Mill
& Smelter Workers, affiliated with the Congress of Industrial Organ-
izations and Local 52, United Cement Lime and Gypsum Workers
International Union, affiliated with the American Federation of
Labor, each filed a request for a run-off election to be held by, the
Board. Although neither of the competing labor organizations in
the election received a majority of the votes cast, the results of the
election show that a majority of the employees in question desire to
bargain collectively with the Company. Accordingly, we shall direct
a run-off election in which such employees will be given an oppor-
tunity to decide whether they desire to be represented by Local 550,
International Union Mine, Mill & Smelter Workers,-affiliated with
the Congress of Industrial Organizations or by Local 52, United
Cement Lime and Gypsum Workers International Union, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Monolith Portland Cement Company, Monolith, California, an
election by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction of Run-off
Election, under the direction and supervision of the Regional Direc-
tor for the Twenty-first Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations, among all employees of Monolith
Portland Cement Company, described in the Direction of Election
'issued October 9, 1941, but excluding those who have since quit or
been discharged for cause, to determine whether they desire to be
represented by Local 550, International Union Mine, Mill & Smelter
Workers, affiliated with the Congress of Industrial Organizations, or
by Local 52, United Cement Lime and Gypsum Workers International
Union, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Direction of Run-off Election.