Tennessee-Schuylkill Corp.

National Labor Relations Board - Board Decisions

Mar 13, 1940

21 N.L.R.B. 559 (N.L.R.B. 1940)

In the Matter of TENNESSEE-SCIIUYLKILL CORPORATION and INTER-
NATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL No,
384
Case No. `R-46'0
SUPPLEMENTAL DECISION
AND
ORDER
March 13, 1940
On February 4, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' The Direction of Election provided that
an election by secret ballot be conducted within twenty (20) days from
,the date of the Direction of Election, under the direction and supervi-
sion of: ,the•^`Regional': Director-for the Twenty-first Region (Los
Angeles, California) among the production employees of Tennessee-
-Schuylkill Corporation, Chloride, Arizona, who were employed during
the pay-roll period immediately preceding November 22, 1937, ex-
cluding office workers, clerical and supervisory employees, jiggers, and
shift bosses, and employees who had voluntarily quit or been dis-
charged for cause between the designated pay-roll period and the date
of the election, to determine whether or not they desired to be repre-
sented by International Union of Mine, Mill and Smelter Workers,
Local No. 384, for the purposes of collective bargaining.
Pursuant to the Direction of Election, balloting was conducted on
February 19, 1938, at Chloride, Arizona. On February 21, 1938, the
Regional : Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, issued and duly served upon the parties his Intermediate
Report on the balloting.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible_______________________________________ 108
Total number of ballots cast_________________________________ 99
Total number of ballots cast for International Union of Mine,
Mill and Smelter Workers, Local No. 384___________________ 39
15 N. L.R.B 65.
21 N. L R. B., No. 51.
559
560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of ballots cast against International Union of
Mine, Mill and Smelter Workers, Local No. 384 _____________ 52
Total number of blank ballots__________ _____________________ 1
Total number of void ballots________________________________ 0,
Total number of challenged ballots __-_-------- I--------------- -7
On February 26, 1938, International Union of Mine, Mill and
Smelter Workers, Local No. 384, filed objections to the conduct of 'the
ballot. Thereafter, International Union of Mine, Mill and Smelter
Workers, Local No. 384, filed charges alleging that prior to the above
election, Tennessee-Schuylkill Corporation, by acts of intimidation
and coercion, had interfered with the rights of its employees to vote
for a labor organization of their own choosing, and thereby had en-
gaged in unfair labor practices affecting commerce, within the mean-
ing of Section 8 (1) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449. After investigation the Regional Director
refused to issue a complaint on the charges, and although advised of
its opportunity to appeal to the Board for a review of the Regional
Di'rector's action, International Union of Mine, Mill and Smelter
Workers, Local No. 384, did not do so.
As a result of the filing of the objections and the charges, and the
necessary investigations thereof, a period of approximately two years
has elapsed since the Direction of Election was issued herein. In
view of this lapse of time, we will dismiss the petition in this matter
without prejudice to the right of International Union of Mine, Mill
and Smelter Workers, Local No. 384, to file a new petition requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the Act.
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 National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Tennessee-Schuylkill Corpora-
tion, Chloride, Arizona, filed by International Union of Mine, Mill aiid
Smelter Workers, Local No. 384, be, and it hereby is, dismissed.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Supplemental Decision and Order..