Tennessee-Schuylkill Corp.

In the Matter of TENNESSEE-SCHUYLKILL CORP. and UNITED MINE WORKERS, DIsnuo'r 50 Case No: R--4699 SUPPLEMENTAL DECISION , AND CERTIFICATION OF REPRESENTATIVES February 18, 1943 On January 9, 1943, the National Labor Relations Board issued its Decision and Direction of Election in. the above -entitled proceeding.,, Pursuant to the Direction of Election , an election by secret ballot was conducted on January - 30, 1943, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California ). On January 30, 1943, the Regional Director , acting pur- suant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly, served upon the parties an Election Report. As to the balloting and its ' results, the Regional Director reported as follows : Approximate number of eligible voters------------------------ 102 Total ballots cast------------------------------------------- 73 Total ballots challenged------------------------------------- 2 Total void.ballots------------------------------------------- 0 Total valid votes counted_______________________ ------------------------ ------------- 71 Votes cast for United Mine Workers, District 50--------------- 69 Votes cast against United Mine Workers, District 50 ------------ 2 Thereafter, Tennessee-Schuylkill Corp., herein called the Company, filed objections to the conduct of the ballot. The Company's objec- tions set forth. in substance that United Mine Workers, District 50, herein called the Union, improperly influenced the employees to vote in favor of the Union by,publishing certain alleged false and defam- atory articles concerning the Company in an official publication of said Union, by causing copies of said publication to, be distributed among the employees of the Company several days before the election, and by- making certain alleged false statements to employees prior. 146 N. L R. B 923 47 N. L. R B . No 96. 735 736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to the election, concerning pay increases which would ensue and which the "government" would enforce. if the election should result in favor of the Union. On February 5, 1943, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended; issued a -Report on Objections in which he found that the matters complained of in each of the objections raised no substantial or material issue regarding the conduct of the election. We have considered the objections and' the Report on,Objections. The pleading of the Company does not allege any irregularity in the polling, but relates solely to statements alleged to have been made and published by the Union prior to the date of the election. Even if the statements and articles to which the objections are addressed were made and published as alleged, we cannot perceive how their effect might have been such as to coerce the employees or force them to act under duress in casting their ballots. If any defamatory statements were made and the Company was damaged thereby, it has its'remedy elsewhere; but it cannot complain that it has been adversely' affected because a bargaining representative has been elected by its employees. We concur in the conclusion of the Regional Director that the Com- pany's objections are neither related to nor raise any substantial or material issue regarding' the conduct of the ballot, and accordingly hereby overrule said objections. 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, and pursuant to Article III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT Is HEREBY CERTIFIED that United' Mine Workers, District 50, has been designated and selected by a majority of all production, main- tenance, and construction 'employees of Tennessee-Schuylkill Corp., Chloride, Arizona, excluding clerical employees and supervisory em- ployees with the right to hire and discharge, as their representative for the purposes of collective bargaining, and that; pursuant to Sec- tion 9'(a) of the Act, United Mine Workers, District 50, is the exclusive bargaining 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. Mn. WM. M. LEISERSON took no part in the consideration of the above Supplemental Decision and Certification of Representatives.