Semet-Solvay Co.

National Labor Relations Board - Board Decisions

May 9, 1940

23 N.L.R.B. 681 (N.L.R.B. 1940)

In the Matter of SEMEr-SOLVAY COMPANY"and COKE WORKERS LOCAL
No., 22230
Case No. R-1766
SUPPLEMENTAL DECISION
AND
ORDER
May 9, 1940
On April 8, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in this
proceeding.' The Direction of Election provided that an election
by secret ballot be conducted as early as possible but not later than
thirty (30) days from the date of the Direction, among all pro-
duction and maintenance employees of Semet-Solvay Company who
were employed during the pay-roll period immediately preceding
the date of the Direction of Election, exclusive of executives, super-
visory employees not paid by the hour, office employees and tem-
porary employees engaged in construction work, and those who had
since quit or been discharged for cause, but including employees
who did not work during such pay-roll period because they were
ill or on vacation and employees who were then or had since
been temporarily laid off, to determine whether or not they desired
to be represented by Coke Workers Local No. 22230, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining.
Pursuant to the Direction, an election by secret ballot was con-
ducted on April 25, 1940, under the direction and supervision of the
Regional Director for the Third Region (Buffalo, New York). On
April 28, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Reg-
ulations-Series 2, as amended, issued and duly served upon the
parties his Election Report. No objections to the conduct of the
ballot or to the Election Report have been filed by any of the parties.
122 N. L. R. B. 742.
23 N. L. R. B., No. 61.
681
682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
1. Total on eligibility +list__________________________________ 273
2. Total Ballots Cast_______________________________________ 273
3. Total Valid Ballots Cast _--------------------- _--------- 273
4. Ballots in favor of Coke Workers Local No. 22230________ 88
5. Ballots against Coke Workers Local No. 22230____________ 185
6. Total Void Ballots_______________________________________ 0
7. Total Challenged Ballots_________________________________ 0
8. Total Blank Ballots______________________________________ 0
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees in the
appropriate unit. The petition of Coke Workers Local No. 22230
for investigation and certification of representatives of employees of
Semet-Solvay Company, Tonawanda, New York, 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 2, as
amended, it is hereby
ORDERED that the petition for investigation and certification of
representatives of employees of Semet-Solvay Company, Tonawanda,
New York, filed by Coke Workers Local No. 22230, be, and it hereby
is, dismissed.