Tennessee Copper Co.

In the Matter of TENNESSEE COPPER COMPANY and AMERICAN FEDERATION OF LABOR Case No. R-1853 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 6,1940 On July 6, 1940, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceeding,' and on July 25, 1940, the Board issued an amendment to its Direction of Election.2 Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on July 26, 1940, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). On July 29, 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 Election Report. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote------------------------------- 1369 Total number ballots cast---------------------------------- 1138 Total number ballots cast for American Federation of Labor-- 954 Total number ballots cast against American Federation of Labor------------------------------------ -------- 174 Total number challenged ballots---------------------------- 10 Total number void ballots---------------------------------- 0 Total number blank ballots--------------------------------- 0 On August 3, 1940, International Union of Mine, Mill and Smelter Workers, herein called the International, filed its Objections to the ballot and to the Election Report. On August 13, 1940, the Regional Director issued and duly served upon the parties his Report on Objections, stating that he had investigated the matters raised in the '25 N L R B 218 25 N L. R B. 226. 27 N. L. R. B., No 20, 84 TENNESSEE COPPER COMPANY 85 Objections of the International and reporting the results of his investigation. The International objected to the form of the ballot; in so far as it did not provide a place for the employees to vote "for neither." 3 Since the Board, at` the request of the International, removed the name of the International from the Direction of Election on July 25, 1940, it is apparent that the American Federation of Labor was the only labor organization involved in this proceeding. It is the - uniform practice of the Board to direct the employees to vote for or against the only labor organization involved. The International contends that Sheriff B. E. Biggs of, Polk County, Tennessee, together with 15 of his deputies, was present at the polls during the election and that these persons' coerced the voters to designate the American Federation of Labor. The Regional Director reported that neither Sheriff Biggs nor any of his deputies were present at the polls. The International also contends that employees were coerced into voting for the American Federation of Labor by a notice posted by the Company prior to the election. We have examined the contents of the notice and find nothing therein to support the International's contention. We find that the objections do not raise substantial and material issues with respect to the conduct of the ballot or the Election Report. 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, 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 CERTIFIED that the American Federation of Labor has been designated and selected by a majority of the employees of Tennessee Copper Company, Copperhill, Tennessee, in the Ducktown basin, including those employees whose names appear on the com- pany's preferential hiring list, but excluding clerical and supervisory employees, chemists and technical engineers, as their representative for the purposes of collective bargaining, and that, pursuant to Sec- tion 9 (a) of the National Labor Relations Act, the American Fed- eration of Labor 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. 'The International contended that since it was the last certified collective bargaining representative, a majority vote against the American Federation of Labor would have resulted in the continuation of the International's status as majority representative although the employees desired representation by neither union