Aluminium Company of America

In the Matter of ALUMINUM COMPANY OF AMERICA and ALUMINUM EMPLOYEE ASSOCIATION In the Matter of ALUMINUM COMPANY OF AMERICA AND ITS WHOLLY- OWNED SUBSIDIARY , CAROLINA ALUMINUM COMPANY and INTERNA- TIONAL UNION, ALUMINUM WORKERS OF AMERICA Cases Nos. R-1020 and R-10931, respectvvely SUPPLEMENTAL DECISION AND AMENDMENT TO FOURTH DIRECTION OF ELECTION August 9, 1939 On July 28, 1939, the National Labor Relations Board, herein called the Board, issued a Supplemental Decision and Fourth Direc- tion of Election 1 in the above-entitled proceeding, the election to be held within fifteen (15) days from the date of the Fourth Direction, under the direction and supervision of the Regional Director for the Tenth Region. On August 3, 1939, the Aluminum Employees Association filed a request for an extension of time for the holding of the election on the ground that since various units of the National Guard leave Alcoa, Tennessee, on August 6 and do not return until August 21, about 35 of its members belonging to these units would be deprived of their vote unless the election is postponed. The Regional Direc- tor has recommended the granting of, an extension of fifteen (15) days for the holding of the election. The Board hereby grants this request. The Aluminum Employees Association also filed a motion request- ing that it be placed on the ballot of the run-off election directed by the Board on July 28. This motion is hereby overruled. The Board hereby amends the Fourth Direction of Election by striking therefrom the words : "within fifteen (15) days from the date of this Supplemental Decision and Fourth Direction of Elec- tion" and substitutitng therefor the words: "within thirty (30) days 113 N. L. R. B. 79. 14 N. L. R. B., No. 26. 318 ALUMINUM COMPANY OF AMERICA 319 from the date of this Supplemental Decision and Fourth Direction of Election." MR. WILLIAM M. LEISERsoN took no part in the consideration of the above Supplemental Decision and Amendment to Fourth Direc- tion of Election. [SAME TITLE] SECOND AMENDMENT TO FOURTH DIRECTION OF ELECTION August 03, 1939 On July 28, 1939, the National Labor Relations Board, herein called the Board, issued a Supplemental Decision and Fourth Direc- tion of Election in the above-entitled proceeding. On August 9, 1939, the Board issued a Supplemental Decision and Amendment to Fourth Direction of Election. The Fourth Direction, as amended, provided that an election by secret ballot be conducted within thirty (30) days from the date of the Supplemental Decision and Fourth Direction of Election. The Board, having been advised by the Regional Director that it will be impossible to hold the election within the time limit provided, hereby amends its Fourth Direction of Election issued on July 28, 1939, as amended on August 9, 1939, by striking therefrom the words "within thirty (30) days from the date of this Supplemental Decision and Fourth Direction of Election" and substituting therefor the words "within thirty-five (35) days from the date of this Supple- mental Decision and Fourth Direction of Election." MR. WILLIAM M. LEISERSON took no part in the consideration of the above Second Amendment to Fourth Direction of Election. 14 N. L. R. B., No. 26a. [SAME TITLE SUPPLEMENTAL DECISION AND ORDER August 09, 1939 On July 28, 1939, the National Labor Relations Board, herein called the Board, issued a Supplemental Decision and Fourth Direc- tion of Election in the above-entitled proceeding. The Supple- mental Decision overruled a protest of the Aluminum Employees Association, herein called the Association, against the previous run- 320 DECISIONS OF - NATIONAL LABOR RELATIONS BOARD off election, which protest was based on the ground that the em- ployees eligible to vote in that election should have included 269 employees who were employed by the Company on the date of the run-off election but who were not on the pay roll of February 1, 1938, the eligibility date adopted for that election. The Fourth Direction provided that a run-off election be held within fifteen (15) days from the date of the Fourth Direction to determine whether or not the employees comprising the appropriate unit desired to be rep- resented by the International Union, Aluminum Workers of Amer- ica, affiliated with the Committee for Industrial Organization, for the purposes of collective bargaining. On August 3, 1939, the Asso- ciation filed objections to the Supplemental Decision and Fourth Direction and made certain requests. On August 9, 1939, the Board issued a Supplemental Decision and Amendment to the Fourth Direction of Election, granting an extension of fifteen (15) days for the holding of the election but denying the request of the Asso- ciation for a place on the ballot of the run-off election. On August 18, 1939, the Association filed with the Board its pro- test to the Supplemental Decision and Fourth Direction of Election and to the Supplemental Decision and Amendment to Fourth Direc- tion of Election, again requesting a place on the ballot of the run-off election and that the 269 employees, denied the privilege of voting in the series of elections which began on May 4, 1939, be allowed to vote. These requests are hereby denied. In its protest the Association also requests that it be permitted . (1) to have its representatives take part in any conference between the agents of the National Labor Relations Board in preparation of said election, (2) to have its representatives present at the designated polling places, (3) to have its watchers present, (4) to have its rep- resentatives present when the votes are counted, and (5) to be present when its rights are affected at any time. The Board hereby grants the request of the Association to have its representatives and watch- ers present at the designated polling places during the time of the balloting, and to have its representatives present when the votes are counted. All other requests set forth in the protest of the Associa- tion are hereby denied. 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, ALUMINUM COMPANY OF AMERICA 321 IT IS HEREBY ORDERED that, in connection with the election hereto- fore directed in the above-entitled proceedings, the Aluminum Em- ployees Association be permitted to have its representatives and watchers present at the designated polling places during the time of the balloting, and to have its representatives present when the votes are counted. AND IT IS FURTHER HEREBY ORDERED that, in all other respects, the protest of the Aluminum Employees Association filed August 18, 1939, be overruled and the requests contained therein be denied. MR. WILLIAM M. LEISERsoN took no part in the consideration of the above Supplemental Decision and Order. 14 N. L. R. B., No. 26b.