Phoenix Iron Co.

National Labor Relations Board - Board Decisions

Aug 27, 1942

43 N.L.R.B. 742 (N.L.R.B. 1942)

In the Matter Of PHOENIX IRON COMPANY and UNITED STEEL WORKERS
OF AMERICA
Case No., R-3449
THIRD SUPPLEMENTAL DECISION,
AND
CERTIFICATION OF REPRESENTATIVES
August 27, 1942
On- February 17, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding.' On March 13, 1942, the Board issued
a Supplemental Decision and Second Direction of Election 2 and
on July 11, 1942, issued a Second Supplemental Decision and Direc-
tion.3 On July 17, 1942, pursuant to said direction, the challenged
ballots of 25 employees, i. e., Thomas McCracken, James Oberholzer,
Fred Shoemaker, M., A. Morris, J. W. -Hickinan,..C. D. Butt, John.
Petiet, Michael Martin, Joseph Harvey, D. F. Hallman, Andrew J.
Taroski, F. A. Pastva, J. F. Maiale, Peter,Geremes, M:.Chapay, P.
Kucharik, Benjamin A. Carey, A. J. Gausch, Joseph Strogus, Ross
Denninger, Andrew Pete, Rowan Keenan, Vaughn Hilberg, -James
Conway, and Isaac Detwiler, found by the Board to be valid, were
opened and counted under the direction and supervision of the Re-
gional Director for ' the Fourth Region (Philadelphia, Pennsyl-
vania). On July 18, 1942, Phoenix Iron Company filed a petition
for a further election which the Board denied by order, dated July
23, 1942. On July 21, 1942, the Regional Director issued and duly
served upon the parties his Second Supplemental Election Report.
As to the final results of the balloting, the Regional Director re-
ported as follows :
Total on eligibility list------------------------------------- 1333
Total ballots cast----------------------------------------- 1189
Total valid votes counted-------------------------------- 1183
Total ballots challenged----------------------------------- 1
Total blank ballots--------------------------------------- 3
Total void ballots- --------------------------------------- 2
Votes cast for Employees Association of Phoenix Iron
Company----------------------------------------------- 586
Votes cast for S. W 0. C--------------------------------- 597
1 33 N L. R. B. -1320.
2 39 N. L R •B 775.
8 42 N. L R. B 344
43 N L. R. B., No. 115.
742
PHOENIX IRON COMPANY 743
On July 25 and 28, 1942, respectively , Employees Association of
Phoenix Iron Company , herein called the Association , and the Com-
pany filed objections to the Second Supplemental Election Report.
On July 31 , 1942, the Regional Director issued and duly served upon
the parties his Report on. Objections to Second Supplemental Elec-
tion Report, stating in substance that the specific issues raised by-
the objections of the Association and the ' Company have hereto-
fore been considered by the Regional Director and the Board, and
recommending that said objections be dismissed . The Board has
'considered the Second Supplemental Election Report, the objections
of the Association and the 'Company y thereto , and the Regional Direc-
tor's Report ' on Objections and finds - that the objections do not
raise substantial and material issues with respect to the conduct of
the ballot or to the Second Supplemental Election Report. The ob-
jections of the Association and the Company are hereby overruled.
On August 8, 1942, the United Steelworkers of America , affiliated
with the C. I. O., filed a petition asserting that the Steel Workers
`Organizing Committee , herein called the S: W. O. C., in convention
assembled on May ' 19 to 22, 1942, in the City of ' Cleveland, State
of Ohio, duly changed its name to United Steelworkers of America
and requesting the Board to make the necessary amendments to this
proceeding. On August 13, 1942, the Board issued and duly served
upon the parties a notice that on August 24, 1942, unless sufficient
cause to the contrary shall then appear, the proceedings herein would
be amended by substituting the name "United Steelworkers of Amer-
ica" for the name "Steel Workers Organizing Committee." No ob-
jections to the motion or to the action proposed 'by the Board in
its rule to show cause have been filed by any of the parties . We here-
by grant the motion and amend our decisions in the above -entitled
proceeding by substituting the name United Steelworkers of Amer-
ica for Steel Workers Organizing Committee , where the latter name
appears.
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
Relations 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 CERTIFIED that United Steelworkers of America, affili-
ated with the C: I. 0., has been designated and selected by a major-
ity of all production and maintenance employees of Phoenix Iron
Company, Phoenixville, Pennsylvania , including watchmen, jani-
744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tors, charwomen, chemists, draftsmen, observers, melters, working
leaders, and clerical' and office employees except confidential clerical
and office employees, but excluding supervisory and confidential cler-
ical and office employees, policemen, and non-working leaders, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the National Labor Relations Act,
United Steelworkers of America, is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
CHAIRMAN MILLIS took no part in the consideration of the above
Third Supplemental Decision and Certification of Representatives.