Alabama By-Products Corporation, Coke Oven Division

In the Matter of ALABAMA BY-PRODUCTS CORPORATION, COKE OVEN' DIVISION and DISTRICT 50, UNITED MINE WORKERS OF AMERICA (C. I. 0.) Case No. R-1319 SUPPLEMENTAL DECISION a AND CERTIFICATION OF REPRESENTATIVES August 19,1939 On June 28, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election' in the above-entitled proceeding. The Direction of Election provided that an election by secret ballot be conducted within fifteen (15) days from the date of the Direction, among all the production, mainte- nance, shipping, and receiving employees of Alabama By-Products Corporation, herein called the Company, at its Coke Oven Division, whose names appear on the Company's Coke Oven Division pay roll immediately preceding the Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, but excluding supervisors, foremen, clerks on fixed salaries, stenographers, chemists, samplemen, draftsmen, timekeepers, and all who have since quit or have been discharged for cause, to determine whether they desire to be represented for the purposes of collective bargaining by District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations, herein called District 50, or by By-Products Workers Union No. 19133, affiliated with the American Federation of Labor, herein called No. 19133, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia), on July 12, 1939. On July 13, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- 113 N. L. R. B. 427. 14 N. L. R. B., No. 60. 822 ALABAMA BY-PRODUCTS CORPORATION 823 tions-Series 1, as amended ,22 issued and served upon the parties his Intermediate Report on the ballot. As to the balloting and its results, the Regional Director reported as follows: , 1. Total number eligible------------------------------------- 203 2. Total number of ballots cast------------------------------- 202 3. Total number of ballots cast for By-Products Worker's Union No. 19133, affiliated with the A. F. of L------------------- 94 4. Total number of ballots cast for District 50, United Mine Workers of America, affiliated with the C. I. 0------------ 105 5. Total number of ballots cast for neither of these labor orgaid- zations ------------------------------------------------ 1 6. Total number of challenged ballots------------------------- 0 7. Total number of void ballots------------------------------ 1 8. Total number of blank ballots----------------------------- 1 On July 17, 1939, No. 19133 filed with the Regional Director objec- tions to the Intermediate Report on the ballot. The objections in :substance alleged that (1) No. 19133 was refused permission to par- ticipate in the selection of a lolling place; (2) it was dangerous for members of No. 19133 to go to the polling place selected; (3) No. 19133 was not advised as to what polling place had been selected until 2 or 3 days prior to the election; (4) No. 19133 "was not pres- ent" when the polling place was selected; (5) No. 19133 objected to the polling place selected, but the agent conducting the election re- fused to change it; (6) the agent conducting the election allowed an officer of District.50 to be present during the election, but refused so to allow an officer of No. 19133; and (7) No. 19133 "was not provided with a copy of Intermediate Report of the Case that was prepared and sent for,final decree by the Board in Washington, and therefore, I had not opportunity of taking an Appeal by being informed of any- thing until the Election was called and the place was designated at which to hold the election." Such appeal was to have been taken on the grounds that the "Trial Examiner erred in excluding certain em- ployees from voting" and the Trial Examiner erred in refusing to issue certain subpoenas requested by No. 19133. ,Thereafter, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, issued his report on the objections. With respect to the objections, the Regional Director reported that: (1) W. O. Hare, representing No. 19133, conferred with Field Examiner Meacham con- cerning the date and time for the election and the location of the poll, and Hare at that time made no objection to the location of the poll; (2) the polling place was on neutral ground and was in no 2 These Rules and Regulations were superseded on July 14 , 1939, by National Labor Relations Board Rules and Regulations-Series 2. The new Rules and Regulations make similar provisions as to the matter here under discussion (Article III, Section 9). 190935-40-vol. 14-53 824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sense dangerous to members of No. 19133;3 (3) W. O. Hare, who was authorized to represent No. 19133, was notified more than a week: prior to the election date of the place where the election was to be- held and that 2 or 3 days' notice of the election was ample; (4) a duly authorized representative of No. 19133 was present when the polling place was selected; (5) all the objections made prior to the election date were without merit; (6) Mr. Maxwell representing District 50, visited the polls at 8:30 a. m. and left by 9:00 a. m.;4 Mr. Adams, representing No. 19133, also calve to the polls early in the morning and held a meeting in the quarters for colored.people which it was necessary to ask him to discontinue; and (7) it is not the practice of the Board to have the Trial Examiner file an Inter- mediate Report in cases arising under Section 9 of the Act, and no, such report was filed by the Trial Examiner in this case.5 The Board has considered the objections and the Regional Director's report thereon. The Board finds that the objections raise no sub- stantial and material issues with respect to the conduct of the ballot and they are hereby overruled. 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, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations has been designated by a majority of the production, maintenance, shipping, and receiving employees of Alabama By-Products Corpora- tion, at its Coke Oven Division in Tarrant, Alabama, exclusive of supervisors, foremen, clerks on fixed salaries, stenographers, chemists, samplemen, draftsmen, and timekeepers, as their representative for In this connection we consider it significant that 202 of the 203 employees eligible to vote did go to the polls and vote. 4 The polls did not open until 10:00 a. m. (Intermediate Report On Secret Ballot). Bearing on this issue, the Trial Examiner at the opening of the hearing made the following remarks concerning the omission of intermediate reports in cases arising under Section 9 of the Act : "Your attention should also be called to the fact that, in this type of case, as distinguished from a case where the employer is charged with the commission of unfair labor practices in violation of the Act, the Trial Examiner does not render an intermediate report to the parties . The case goes directly to the Board for decision." At the conclusion of the hearing, the Trial Examiner made the following remarks : "I should like to state, then, on the record , before adjourning the hearing, that the parties will be given opportunity for oral argument before the National Labor Relations Board upon request to the Board made within ten days of the close of the hearing." No request for oral argument was received by the Board. ALABAMA BY-PRODUCTS CORPORATION 825 the purposes of collective bargaining, and that pursuant to the provi- sions of Section 9 (a) of the National Labor Relations Act, District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations 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.