Bunker Hill and Sullivan Mining and Concentrating Co.

In the Mattei of BUNKER HILL AND SULLI\ AN MINING AND CONCEN- TRATING COMPANY and KELLOGG MINERS AND SMELTERMEN'S UNION, LOCAL No 18, INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS. AFFILIATED WITH THE C I 0 Case No R-3668 SUPPLEMENTAL DECISION ADD CERTIFICATION OF REPRESENTATIVES July ", 191. On May 12, 1942, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceeding 1 Pursuant to the Direction of Election, an election by secret ballot was conducted on May 26, 1942, under the direction and supervision of the Regional Diiector foi the Nineteenth Region (Seattle, Wash- ington) On May 28, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which Were duly served upon the parties. As to the balloting and the results thereof, the Regional Diiector I epos tcd as follow s Total on eligibility list------------------------------------ 778 Total ballots cast---------------------------------------- 696 Votes cast foi Kellogg Alnneis and Smelterrnen's Union, Local No 18, International Union of Aline, Mill & Smelter Workers, C I 0--------------------------------------- 353 Votes cast against Kellogg Miners and Sinelteinien's Union, Local No 18, Inteinational Union of Aline, Mill & Smelter Workers, C I 0----------------------------- --------- 327 Total challenged ballot`__ ----------------- 14 Total blank ballots---_ -------------------------- 2 Total void ballots---------------------------------------- 0 Total valid votes counted--------------------------------- 680 Total on eligibility list not voting------------------------- 82 On June 3, 1942, Bunkei Hill and Sullivan Mining and Concen- ttating Company, heiem called the Company, filed a "protest" to the Election Report and the conduct of the ballot The Company con- tended that ballots should have been mailed to some 50 eligible-em- plovees who weie unable to vote in person because they were away 140 N L R B 1312 42 N L R B, No 10 472514-42-\ o1 42--4 33 34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD on vacation, or on leave of absence, or because of sickness of iinjuiy on the date of the election The Company also urged that the chal- lenged ballots should have been counted On June 5, 1942; the Re- gional Directoi issued,a Report on Objections, copies of which were duly served on the parties The Company claims that absentee balloting by mail was pei wit- ted in an election held on Octobei 29, 1941, at the zinc plant of the Sullivan Mining Company, an affiliated coipoiation whose plant is under the same management as the Company's mines and mills; 2 that the Company theiefore believed that balloting by mail would be permitted in the election among its employees; and that it assuied at least some of its employees that they in ould be able to vote by mail In fact, absentee balloting by mail in the election at the Sulli- van Mining Company's zinc plant was permitted only as to employee, on military leave We find, as did the Regional Director in his Report on Objections, that the Company's objections raise no sub- stantial or material issues with respect to the conduct of the ballot or the Election Report Since the challenged ballots cannot affect the iesults of the election, we find it unnecessary to pass upon the challenges CERTIFICATION OF REPRESENTATIVES By virtue of and puisuant to the pourer vested in the National Labor Relations Board by Section 9 (c) of the National Laboi Rela- iions Act, 49 Stat 449, and puisuant to Aiticle III, Sections 8 and 9, of National Laboi Relations Board Rules and Regulations-Seises 2, as amended, IT IS HEREBY CERTIFIED that Kellogg Muneis and Smelteimen s Union, Local No 19, International Union of Mine, Mill & Smeltei Workers, affiliated with the Congiess of Industrial Oigamzations, has been designated and selected by a majority of all piocluction, main- tenance, and surface employees in and about the Bunkei Hill Mine and Mill and the Crescent Mine and Mill of Bunkei Hill and Sulli- van Mining and Concentiatrng Company, Kellogg, Idaho, excluding clerical, technical, and supeivisoiy employees, and telephone opera- tors, as their representative for the purposes of collective baigauiuig, -and that, pursuant to Section 9 (a) of the Act, Kellogg Mrnei s and Smelternien's Union, Local No 18, Inteinational Union of Mine, Mill & Smelter Workers, affiliated with the Congress of Industrial Oigan- izations, 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 2Mattei of Sulliban Mining Company and Kellog M and S Union, Local No is, International Union of Mize, Mill d Smelter Workers, affihated with the Congress of Indus- trial Cigannzations, 37 N L R B 42