American Steel Scraper Co.

In the Matter of AMERICAN STEEL SCRAPER COMPANY and LOCAL 1408 INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L. Case No. B-1708 SUPPLEMENTAL DECISION AND ORDER April 9, 1940 On March 7, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled proceeding. The Direction of Election provided that an election by secret ballot be conducted within thirty (30) days from the date of the Direction among all employees of Amer- ican Steel Scraper Company, Sidney, Ohio, who were employed by the Company during the pay-roll period ending January 27, 1940, including those who did not work during such pay-roll period be- cause they were ill, on vacation, or temporarily laid off, including Vernon Shelby, but excluding supervisory and clerical employees, and employees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by Local No. 1408, International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of col- lective bargaining. Pursuant to the Direction, the election by secret ballot was held on March 15, 1940, at Sidney, Ohio, under the direction and super- vision of the Regional Director for the Eighth Region. On March 16, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued and duly served upon the parties an Election Report containing a tally of the ballots. In his Report the Regional Director certified that the ballot was fairly and im- partially conducted, that the ballots cast were duly and 'fairly counted under his supervision, and that statements to such effect had been filed with him by the observers. '21 N L R B 218. 22 N. L. R. B., No. 53. 813 814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list______________________________________ 20 Total ballots cast___________________________________________ 21 Total ballots challenged_____________________________________ 1 Total blank ballots__________________________________________ 0 Total void ballots___________________________________________ 0 Total Votes valid cast votes cast_______________________________________ for Local No. 1408, International Association of 20 Machinists, A. F. of L_____________________________________ 7 Votes cast against Local No. 1408, International Association of Machinists, A. F. of L_____________________________________ 13 No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees in the appropriate unit. The petition of Local No. 1408, International Association of Machinists, for investigation and certification of rep- resentatives of employees of American Steel Scraper Company will therefore be dismissed. 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 cer- tification of representatives of employees of American Steel Scraper Company, Sidney, Ohio, filed by Local No. 1408, International Association of Machinists, affiliated with the American Federation of Labor, be, and it hereby is, dismissed.