Aluminum Co. of America

In the Matter of ALUMINUM COMPANY OF AMERICA and ALUMINUM EMPLOYEES 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-1021, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 16, 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 Fourth Direction provided that a run-off election be held within fifteen (15) days from the date of the Fourth Direction of Election, among the production and maintenance employees, time checkers, and weigh clerks of the Aluminum Company of America and Carolina Alumi- num Company, its wholly owned subsidiary, at the Alcoa Works, on the pay roll for the week including February 1, 1938, including em- ployees who did not work during such pay-roll period because they were ill or on vacation, excluding, however, supervisors and office employees, watchmen, guards, office janitors, farm and dairy em- ployees, and those who had since quit or had been discharged for cause, to determine whether or not they desired to be represented by the International Union, Aluminum Workers of America, affiliated with the Committee for Industrial Organization, for the purpose of collective bargaining. On August 9, 1939, the Board issued a Supplemental Decision and Amendment to the Fourth Direction of Election 2 granting an extension of fifteen (15) days for the holding of the election, but denying the request of the Aluminum Employees Association, herein called the Association, for a place on the ballot of the run-off elec- 113 N. L. R. B. 82. 114 N . L. R. B. 318. 15 N. L. R. B., No. 42. 413 414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion. On August 23, the Board, having been advised by the Regional Director that it would be impossible to hold the election within the time limit provided, issued a Second Amendment to the Fourth Direction of Election 3 granting an additional five (5) days within which to conduct the election. On August 29, the Board issued a Supplemental Decision and Order,4 in which it overruled the Associa- tion's protest to the Supplemental Decision and Fourth Direction of Election, and to the Supplemental Decision and Amendment to the Fourth Direction of Election, but granted the Association's request that it be permitted to have its representatives and watchers present at the designated voting place during the time of the balloting, and to have its representatives present when the votes were counted. Pursuant to the Supplemental Decision and Fourth Direction of Election, as amended, an election by secret ballot was conducted on August 31, 1939, under the direction and supervision of the Regional Director for the Tenth Region, acting in this matter as agent for the Board. Full opportunity was afforded to all parties to this investigation to participate in the conduct of the election and to make challenges. Thereafter, on September 1, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, herein called the. Regulations, issued and duly served upon the parties to the pro- ceedings his Election Report on the ballot. On September 7, 1939, the Association filed with the Board a pro- test to the election of August 31, 1939, in which it objected to the election on the grounds that the Board: (1) failed to place the Association on the run-off ballot of August 31, 1939; (2) refused to change the stipulated February 1, 1938, eligibility date in order to allow employees presently employed, but who were not on the pay roll of February 1, 1938, to participate in the election proceeding; (3) failed to act promptly on the Association's petition for certifi- cation of representatives, and occasioned a further delay by setting aside the first election on the ground that it was inconclusive.5 While, in accordance with Article III, Section 9, of the Regula- tions, such objections should have been filed with the Regional Direc- tor within five (5) days of the issuance of his Election Report, the Board has considered these objections on their merits. It does not appear to the Board that they, raise substantial and material issues with respect to the conduct of the ballot, and, accordingly, the Asso- 314 N. L. R. B. 319. 4 14 N. L. R. B. 319. 5The grounds on which the Board set aside the first election are stated in its Supple- mental Decision and Second Direction of Election . 12 N. L. R. B. 237. ALUMINUM COMPANY OF AMERICA 415 ciation's protest to the election of August 31, 1939, is hereby overruled.' As to the balloting and its results, the Regional Director reported as follows : Total number eligible______________________________________ 3,945 Total ballots cast_________________________________________ 3,344 Total number ballots cast for International Union, Aluminum Workers of America, affiliated with the C. I. O.__________ 1,707 Total number ballots cast against International Union, Aluminum Workers of America, affiliated with the C. I. O._ 1,602 Total number challenged ballots___________________________ 11 Total number void ballots________________________________ 6 Total number blank ballots________________________________ 18 By virtue of and pursuant to the power vested in the Board by Section 9 (c) of the National Labor Relations Act and pursuant to Article III, Sections 8 and 9, of the Regulations, IT is HEREBY CERTIFIED that International Union, Aluminum Work- ers of America, affiliated with the Committee for Industrial Organi- zation, has been designated and selected by a majority of the produc- tion and maintenance employees, time checkers, and weigh clerks of the Aluminum Company of America and Carolina Aluminum Com- pany, its wholly owned subsidiary, at the Alcoa Works, excluding janitors, and farm and dairy employees, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, International Union, Aluminum Workers of America, affiliated with the Committee for Industrial Organization, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. WfLIAM M. LF.ISERSON took no part in the consideration of the above Supplemental Decision and Certification of Representatives. O The objection that the Board occasioned delay in its conduct of the proceeding is raised for the first time. The other objections to the election were heretofore considered and overruled , for stated reasons, in previous supplemental decisions . See 13 N. L. R. B. 79, 14 N. L. R. B. 318 , 14 N. L. R. B. 319.