National Mineral Co.

National Labor Relations Board - Board Decisions

Sep 24, 1940

27 N.L.R.B. 432 (N.L.R.B. 1940)

In the Matter of NATIONAL MINERAL COMPANY and CHROME FURNI-
TURE, HANDLERS AND MISCELLANEOUS CRAFTS UNION, LOCAL NO. 658
OF THE UPHOLSTERERS' INTERNATIONAL UNION, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR, SUCCESSORS TO BEAUTICIANS' SUP-
PLIES AND COSMETIC WORKERS UNION, LOCAL 21107 (A. F. OF L.)
Case No. R-1855
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 24, 1940
On July 2, 1940, the National Labor Relations Board, herein called
the Board , issued its Decision and Direction of Election in this
proceeding .' Pursuant to the Direction of Election an election by
secret ballot was conducted on July 23, 1940 , under the direction and
supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois). On August 6, 1940, the Regional Director, act-
ing 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 an Election Report.
As to the balloting and its results , the Regional Director reported
as follows :
Total number on Eligibility List__ ____________________ 2 Unknown
Total number of Ballots Cast _________________________ 83
Total number of Ballots Cast for the Union ------------ 71
Total number of Ballots Cast against the Union _______ 11
Total number of Challenged -Ballots-------------------- 1
Total number of Blank Ballots_______________________ 0
Total number of Void Ballots _________________________ 0
In his Election Report the Regional Director reported that Na-
tional Mineral Company, herein called the Company, had refused
to permit the posting of copies of official election notices in its
plant, but that such notices had been distributed to employees as
125 N L R B 3.
3 The number of employees eligible to vote remained unknown because , as herein set forth,
the Company refused to furnish the Regional Director N%ith a copy of its pay roll.
27 N. L. R. B., No. 92.
432
NATIONAL MINERAL COMPANY 433
they entered the plant by agents of the Board; that the Company had
refused his request to furnish a copy of its pay roll for use in con-
ducting the election, and that in the absence of such -pay roll, the
eligibility 9f employees to vote in the election was established at the
polls by the execution of affidavits which he prepared; that during
the election supervisory employees had kept the polling place under
constant surveillance despite the request of his agents that they re-
frain from such conduct and that by these acts the Company had
obstructed the conduct of the election and discouraged employees in
exercising their right to vote.'
• On August 12, 1940, the Company filed its objections tothe conduct
of the' election and to the Election Report, denying that it had
obstructed the conduct of the election and averring, inter alia, that
the Decision and Direction of Election was improper and that the
procedure of voting by affidavit used in the conduct of the election
was unreasonable and, arbitrary.' On -August 20, 1940, Chrome
Furniture, Handlers and Miscellaneous Crafts Union, Local No. 658
of Upholsterers' International Union, affiliated with the American
Federation of Labor, herein called the Union, filed an answer to the
objections of the Company. On August 23, 1940, the Company filed
a motion: to strike the answer of the Union and a motion to strike
certain parts of the Election Report. On that same date the Com-
pany also filed all affidavit of one Max H. Braun in support of its
objections. On August 30, 1940, the Regional Director issued a
Report on Objections to the Election Report, copies of which were
duly served upon all the parties. In this report the Regional Di-
rector reviewed the Company's objections and concluded that they
were,without merit.
The Board has considered the objections and finds that they do
not raise substantial and material issues with respect to the conduct
of the ballot or the Election Report. The motions of the Company
are hereby denied.
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Reguliitions-Series 2,
as amended, ,
' Ile further reported that representatives of the Union had declined to sign a statement
concerning the fairness of the election because of the Company's conduct
' See Matter of The Cudahy Packing Compani v. United Packinghouse Workers. Local
Industrial Union No 104. 26 N L R B 740
;2:1428 42-vol 27--29
434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY OERTIFIED that Chrome Furniture, Handlers and Mis-
cellaneous Crafts Union, Local No. 658 of Upholsterers' International
Union, affiliated "with the, American Federation of Labor, has been
designated and selected by a majority of all the hourly paid produc-
tion employees of the Company at its Chicago plant, excluding office,
maintenance, and sales employees, carpenters, firemen, engineers,
foremen, and supervisors, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the
National Labor Relations Act, Chrome Furniture, Handlers and Mis-
cellaneous Crafts Union, Local No.,658 of Upholsterers' International
Union, affiliated with the American Federation of Labor, is the ex-
clusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment,
i