Phoenix Iron Co.

In the Matter Of PHOENIX IRON COMPANY and UNITED STEEL WORKERS OF AMERICA Case No., R-3449 THIRD SUPPLEMENTAL DECISION, AND CERTIFICATION OF REPRESENTATIVES August 27, 1942 On- February 17, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' On March 13, 1942, the Board issued a Supplemental Decision and Second Direction of Election 2 and on July 11, 1942, issued a Second Supplemental Decision and Direc- tion.3 On July 17, 1942, pursuant to said direction, the challenged ballots of 25 employees, i. e., Thomas McCracken, James Oberholzer, Fred Shoemaker, M., A. Morris, J. W. -Hickinan,..C. D. Butt, John. Petiet, Michael Martin, Joseph Harvey, D. F. Hallman, Andrew J. Taroski, F. A. Pastva, J. F. Maiale, Peter,Geremes, M:.Chapay, P. Kucharik, Benjamin A. Carey, A. J. Gausch, Joseph Strogus, Ross Denninger, Andrew Pete, Rowan Keenan, Vaughn Hilberg, -James Conway, and Isaac Detwiler, found by the Board to be valid, were opened and counted under the direction and supervision of the Re- gional Director for ' the Fourth Region (Philadelphia, Pennsyl- vania). On July 18, 1942, Phoenix Iron Company filed a petition for a further election which the Board denied by order, dated July 23, 1942. On July 21, 1942, the Regional Director issued and duly served upon the parties his Second Supplemental Election Report. As to the final results of the balloting, the Regional Director re- ported as follows : Total on eligibility list------------------------------------- 1333 Total ballots cast----------------------------------------- 1189 Total valid votes counted-------------------------------- 1183 Total ballots challenged----------------------------------- 1 Total blank ballots--------------------------------------- 3 Total void ballots- - -------------------------------------- 2 Votes cast for Employees Association of Phoenix Iron Company----------------------------------------------- 586 Votes cast for S. W 0. C--------------------------------- 597 1 33 N L. R. B. -1320. 2 39 N. L R •B 775. 8 42 N. L R. B 344 43 N L. R. B., No. 115. 742 PHOENIX IRON COMPANY 743 On July 25 and 28, 1942, respectively , Employees Association of Phoenix Iron Company, herein called the Association , and the Com- pany filed objections to the Second Supplemental Election Report. On July 31 , 1942, the Regional Director issued and duly served upon the parties his Report on. Objections to Second Supplemental Elec- tion Report, stating in substance that the specific issues raised by- the objections of the Association and the ' Company have hereto- fore been considered by the Regional Director and the Board, and recommending that said objections be dismissed . The Board has 'considered the Second Supplemental Election Report, the objections of the Association and the 'Company y thereto, and the Regional Direc- tor's Report ' on Objections and finds - that the objections do not raise substantial and material issues with respect to the conduct of the ballot or to the Second Supplemental Election Report. The ob- jections of the Association and the Company are hereby overruled. On August 8, 1942, the United Steelworkers of America , affiliated with the C. I. O., filed a petition asserting that the Steel Workers `Organizing Committee, herein called the S: W. O. C., in convention assembled on May ' 19 to 22, 1942, in the City of 'Cleveland, State of Ohio, duly changed its name to United Steelworkers of America and requesting the Board to make the necessary amendments to this proceeding. On August 13, 1942, the Board issued and duly served upon the parties a notice that on August 24, 1942, unless sufficient cause to the contrary shall then appear, the proceedings herein would be amended by substituting the name "United Steelworkers of Amer- ica" for the name "Steel Workers Organizing Committee." No ob- jections to the motion or to the action proposed 'by the Board in its rule to show cause have been filed by any of the parties . We here- by grant the motion and amend our decisions in the above -entitled proceeding by substituting the name United Steelworkers of Amer- ica for Steel Workers Organizing Committee , where the latter name appears. 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, 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 United Steelworkers of America, affili- ated with the C: I. 0., has been designated and selected by a major- ity of all production and maintenance employees of Phoenix Iron Company, Phoenixville, Pennsylvania, including watchmen, jani- 744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tors, charwomen, chemists, draftsmen, observers, melters, working leaders, and clerical' and office employees except confidential clerical and office employees, but excluding supervisory and confidential cler- ical and office employees, policemen, and non-working leaders, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, United Steelworkers of America, is the exclusive representative of all such employees for the purposes of collective bargaining in re- spect to rates of pay, wages, hours of employment, and other condi- tions of employment. CHAIRMAN MILLIS took no part in the consideration of the above Third Supplemental Decision and Certification of Representatives.