Tennessee-Schuylkill Corp.

In the Matter of TENNESSEE-SCIIUYLKILL CORPORATION and INTER- NATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL No, 384 Case No.`R-46'0 SUPPLEMENTAL DECISION AND ORDER March 13, 1940 On February 4, 1938, 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 twenty (20) days from ,the date of the Direction of Election, under the direction and supervi- sion of: ,the•^`Regional': Director-for the Twenty-first Region (Los Angeles, California) among the production employees of Tennessee- -Schuylkill Corporation, Chloride, Arizona, who were employed during the pay-roll period immediately preceding November 22, 1937, ex- cluding office workers, clerical and supervisory employees, jiggers, and shift bosses, and employees who had voluntarily quit or been dis- charged for cause between the designated pay-roll period and the date of the election, to determine whether or not they desired to be repre- sented by International Union of Mine, Mill and Smelter Workers, Local No. 384, for the purposes of collective bargaining. Pursuant to the Direction of Election, balloting was conducted on February 19, 1938, at Chloride, Arizona. On February 21, 1938, the Regional : Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties his Intermediate Report on the balloting. As to the balloting and its results, the Regional Director reported as follows : Total number eligible_______________________________________ 108 Total number of ballots cast_________________________________ 99 Total number of ballots cast for International Union of Mine, Mill and Smelter Workers, Local No. 384___________________ 39 15 N. L.R.B 65. 21 N. L R. B., No. 51. 559 560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total number of ballots cast against International Union of Mine, Mill and Smelter Workers, Local No. 384 _____________ 52 Total number of blank ballots__________ _____________________ 1 Total number of void ballots________________________________ 0, Total number of challenged ballots __-_-------- I--------------- -7 On February 26, 1938, International Union of Mine, Mill and Smelter Workers, Local No. 384, filed objections to the conduct of 'the ballot. Thereafter, International Union of Mine, Mill and Smelter Workers, Local No. 384, filed charges alleging that prior to the above election, Tennessee-Schuylkill Corporation, by acts of intimidation and coercion, had interfered with the rights of its employees to vote for a labor organization of their own choosing, and thereby had en- gaged in unfair labor practices affecting commerce, within the mean- ing of Section 8 (1) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. After investigation the Regional Director refused to issue a complaint on the charges, and although advised of its opportunity to appeal to the Board for a review of the Regional Di'rector's action, International Union of Mine, Mill and Smelter Workers, Local No. 384, did not do so. As a result of the filing of the objections and the charges, and the necessary investigations thereof, a period of approximately two years has elapsed since the Direction of Election was issued herein. In view of this lapse of time, we will dismiss the petition in this matter without prejudice to the right of International Union of Mine, Mill and Smelter Workers, Local No. 384, to file a new petition requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the Act. 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, as amended, IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of Tennessee-Schuylkill Corpora- tion, Chloride, Arizona, filed by International Union of Mine, Mill aiid Smelter Workers, Local No. 384, be, and it hereby is, dismissed. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Order..