Malone Bronze Powder Works, Inc.

In'the Matter Of MALONE BRONZE POWDER WORKS, INC. AND MALONE ALUMINUM CORPORATION and ALUMINUM AND BRONZE POWDER WORKERS UNION No. 21211, AFFIL. WITH THE A. F. OF L. Case No. R-1624 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 4, 1940 On January 15, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on February 8, 1940, at Malone, New York, under the direction and supervision of the Regional Di- rector for the Third Region (Buffalo, New York). On February 10, 1940, 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 its results, the Regional Director reported as follows : Total on eligibility list_____________________________________ 110 Total ballots cast _________________________________________ 710 Total valid ballots cast___________ _________________________ 106 Ballots in favor of Aluminum and Bronze Powder Workers Union No 21211, Affil. with the A. F. of L_________________ 56 Ballots in favor of Malone Independent Union _______________ 49 Ballots in favor of neither________________________________ 1 Challenged Ballots---------------------------------------- - 4 On February 10, 1940, Malone Bronze Powder Works, Inc. and Malone Aluminum Corporation, herein collectively called the Com- panies, in a letter to the Regional Director, protested that two watchers. who were present at the polls on behalf of the Companies were required to sign "some statement with reference to the conduct of the election." Although the letter contained the statement that "We have no present objection to the manner in which the election itself was conducted," 119 N . L R B 449 21 N. L. R. B., No. 13. 95 '96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director considered the protest as a formal objection to the conduct of the ballot and the Election Report. On February 19, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Report on Objections, in which he found no merit in the Companies' protest. With respect to the protest, the Regional Director reported as follows : The watchers present on behalf of the Companies did sign a "Certification on Conduct of Election" wherein they certified "that the balloting at-Malone, N. Y. was fairly conducted; that all eligible voters were given an opportunity to vote their ballots in secret; and that the ballot boxes were protected in the interests of a fair and secret vote." The watchers were not "required" to sign this Certification but they were requested to do so by the undersigned if they felt that this Certification was proper under the circumstances. The watchers raised no objection and willingly signed this Certification. We find that the Objections of the Companies raise no subta;ntidl and material issues with respect to the conduct of the ballot. The Objections are hereby overruled. 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, as amended, IT IS HEREBY CERTIFIED that Aluminum and Bronze Powder Workers Union No. 21211, affiliated with the A. F. of L., has been designated and selected by a majority of the production and maintenance employees of Malone Bronze Powder Works, Inc. and Malone Aluminum Corpo- ration, excluding executives, supervisory employees, clerical employees, and watchmen, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (c) of the Act, Aluminum and Bronze Powder Workers Union No. 21211, affiliated with the A. F. of L., 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.