Virginia Smelting Co.

National Labor Relations Board - Board Decisions

Oct 22, 1940

27 N.L.R.B. 1010 (N.L.R.B. 1940)

In the Matter Of VIRGINIA SMELTING COMPANY and UNITED MINE
WORKERS OF AMERICA, DISTRICT 50, AFFILIATED WITH CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. B-2090. -Decided October 22, 1940
Investigation and Certification of Representatives : stipulation providing for cer•
tification upon consent election.
Mr. William M. Aicher, for the Board.
Mr. Charles W. Johnston, for the Company.
Mr. Oscar Wiles, for the Union.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 6, 1940, United Mine Workers of America, District
50, affiliated with Congress of Industrial Organizations, herein called
the Union, filed with the Regional Director for the Fifth Region (Bal-
timore, Maryland), a petition, and on September 21, 1940, an amended
petition, alleging that a question affecting commerce had arisen con-
cerning the representation of the employees of Virginia Smelting
Company, herein called the Company, engaged in the manufacture and
sale of liquid sulphur dioxide, methyl chloride, zinc sulphate and other
chemical products at West Norfolk, Virginia, and requesting an in-
vestigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On September 23, 1940, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2; as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On September 26, 1940, the
Company, the Union, and the Regional Director entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
27 N. L. R. B., No. 166.
1010
VIRGINIA SMELTING COMPANY 1011
Pursuant to the stipulation an election by secret ballot was con-
ducted on September 30, 1940, under the direction and supervision
of the Regional Director among the production and maintenance em-
ployees of the Company, whose names appear on the Company's pay
roll as of September 1, 1940, excluding clerical and supervisory em-
ployees and chemists, to determine whether or not said employees
desire to be represented by the Union. On October 4, 1940, the Re-
gional Director issued and duly served upon the parties his Election
Report. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total eligible to vote---------------------------------------- 113
Total number of ballots cast--------------------------------- 111
Total number of votes in favor of United Mine Workers of
America, District 50, affiliated with Congress of Industrial
Organizations--------------------------------------------- 64
Total number of votes against United Mine Workers of America,
District 50, affiliated with Congress of Industrial Organiza-
tions----------------------------------------------------- 47
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots--------------------------- 0
Upon the above-mentioned stipulation, the Election Report and
the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Virginia Smelting Company, West Norfolk,
Virginia, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company,
excluding clerical and supervisory employees and chemists, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. United Mine Workers of America, District 50, affiliated with
Congress of Industrial Organizations, has been designated and selected
by a majority of the employees in the above unit as their representa-
tive for the purposes of collective bargaining and is the exclusive
representative of all employees in said unit, within the meaning of
Section 9 (a) of the National Labor Relations Act.
1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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,
IT IS HEREBY cExT1F'IED that United Mine Workers of America, Dis-
trict 50, affiliated with Congress of Industrial Organizations, has
been designated and selected by the majority of the production and
maintenance employees of the Virginia Smelting Company, exclud-
ing clerical and supervisory employees and chemists, as their represent-
ative for the purposes of collective bargaining, and that pursuant
to the provision of Section 9 (a) of the Act, United Mine Workers of
America, District 50, affiliated with Congress of Industrial Organi-
zations, 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.