Tennessee Copper Co.

National Labor Relations Board - Board Decisions

Sep 6, 1940

27 N.L.R.B. 84 (N.L.R.B. 1940)

In the Matter of TENNESSEE COPPER COMPANY and AMERICAN
FEDERATION OF LABOR
Case No. R-1853
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 6,1940
On July 6, 1940, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding,'
and on July 25, 1940, the Board issued an amendment to its Direction
of Election.2 Pursuant to the Direction of Election, as amended, an
election by secret ballot was conducted on July 26, 1940, under the
direction and supervision of the Regional Director for the Tenth
Region (Atlanta, Georgia). On July 29, 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 Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote------------------------------- 1369
Total number ballots cast---------------------------------- 1138
Total number ballots cast for American Federation of Labor-- 954
Total number ballots cast against American Federation of
Labor------------------------------------ -------- 174
Total number challenged ballots---------------------------- 10
Total number void ballots---------------------------------- 0
Total number blank ballots--------------------------------- 0
On August 3, 1940, International Union of Mine, Mill and Smelter
Workers, herein called the International, filed its Objections to the
ballot and to the Election Report. On August 13, 1940, the Regional
Director issued and duly served upon the parties his Report on
Objections, stating that he had investigated the matters raised in the
'25 N L R B 218
25 N L. R B. 226.
27 N. L. R. B., No 20,
84
TENNESSEE COPPER COMPANY 85
Objections of the International and reporting the results of his
investigation.
The International objected to the form of the ballot; in so far as
it did not provide a place for the employees to vote "for neither." 3
Since the Board, at` the request of the International, removed the
name of the International from the Direction of Election on July
25, 1940, it is apparent that the American Federation of Labor was
the only labor organization involved in this proceeding. It is the
- uniform practice of the Board to direct the employees to vote for or
against the only labor organization involved.
The International contends that Sheriff B. E. Biggs of, Polk
County, Tennessee, together with 15 of his deputies, was present at
the polls during the election and that these persons' coerced the
voters to designate the American Federation of Labor. The Regional
Director reported that neither Sheriff Biggs nor any of his deputies
were present at the polls. The International also contends that
employees were coerced into voting for the American Federation of
Labor by a notice posted by the Company prior to the election. We
have examined the contents of the notice and find nothing therein to
support the International's contention.
We find that the objections do not raise substantial and material
issues with respect to the conduct of the ballot or the Election Report.
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 CERTIFIED that the American Federation of Labor has
been designated and selected by a majority of the employees of
Tennessee Copper Company, Copperhill, Tennessee, in the Ducktown
basin, including those employees whose names appear on the com-
pany's preferential hiring list, but excluding clerical and supervisory
employees, chemists and technical engineers, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the National Labor Relations Act, the American Fed-
eration of Labor is the exclusive 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.
'The International contended that since it was the last certified collective bargaining
representative, a majority vote against the American Federation of Labor would have
resulted in the continuation of the International's status as majority representative
although the employees desired representation by neither union