Pickands Mather & Co.

In the Matter of PICKANDS MATHER & COMPANY AND VERONA MINING COMPANY and LODGE 1624, AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, S. W. O. C., C. I. O. Cases Nos. R-1885 and R-1886 , SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES November 19, 1940 On July 30, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above- entitled proceedings., On August 7, 1940, the Board issued an Amendment to Direction of Elections.2 Pursuant to the Direction of Elections, as amended, elections by secret ballot were conducted on August, 27, 1940, under the direction and supervision of the Regional Director for the Twelfth Region (Milwaukee, Wisconsin). On September 3, 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 on the parties. As to the balloting and its results, the Regional Director reported as follows : BENGAL MINE Number of employees eligible to vote----------------------- 146 Total number of ballots cast------------------------------- 144 Number of votes counted---------------------------------- 142 Number of votes for Lodge 1624, Amalgamated Association of Iron, Steel & Tin Workers of North America, S. W. 0. C. (C. I. 0.)-------------------------------- ----------------- 39 Number of votes for Independent Mine Employees Union ----- 99 Number of votes for neither organization------------------- 4 Number of blank ballots ---------------------------------- 1 Number of void ballots------------------------------------ 0 Number of challenged ballots------------------------------ 1- 2 25 N. L. R. B. 1100. 226NLR.B214 28 N. L. R. B., No 10 26 ,PICKANDS MATHER & COMPANY 27, BUCK MINE Number of employees eligible to vote ------- ----------------- 196 Total number of ballots cast_____________________________ _ 192 Number of votes counted__________________________________ 189 Number of votes for Lodge 1624, Amalgamated'Association of Iron, Steel & Tin Workers of North America, S. W. 0. C. (C. I. O.) ----------------------------------------------- 67 Number of votes for Independent Mine Employees Union_____ 110 Number of votes for neither organization------------------ 12 Number of blank ballots___________________________________ 1 Number of void ballots____________________________________ 0 Number of challenged ballots______________________________ 2 JAMES MINE Number of employees eligible to vote________________________ 66 Total number of ballots cast_______________________________ 65 Number of votes counted__________________________________ 65 Number of votes for Independent Mine Employees Union____ 37 Number of votes against Independent Mine Employees Union__ 28 Number of blank ballots___________________________________ 0 Number of void'ballots------------------------------------ 0 Number of challenged ballots______________________________ 0 On September 5, 1940, Lodge 1624, Amalgamated Association of Iron, Steel & Tin Workers of North America, S. W. O. C. (C. I. 0.), filed its objections to the Election Report. No objections were filed by the other parties. On October 31, 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 served upon the parties his Report on Investigation of Objections to Election Report, in which, after investigation, he reported that the objections do not raise substantial and material issues with respect to the conduct of the elections. The Board has considered the Election Report, the objections filed thereto, and the Report on Investigation of Objections to Election Report and finds that the objections do not raise substan- tial or material issues with respect to the conduct of the elections or the Election Report. The ruling of the Regional Director with respect to the objections is hereby affirmed. In the Decision and Direction of Elections, as amended, the Board made no final determination as to the appropriate unit or units, but provided in substance that wherever a ballot at one of the mines should result in a majority for one of the unions involved, the employees at that. mine would be combined in a single unit with the employees at any other mine who might similarly select the same union. Upon the basis of the entire record in the case, the Board makes the following : 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SUPPLEMENTAL FINDINGS OF FACT We find that 'all production and maintenance employees of Pickands, Mather & Company at the Buck, Bengal , and James mines, Iron River, Michigan, excluding foremen, assistant foremen, policemen , watchmen, and those in a clerical or supervisory capacity , constitute a unit appro- priate for the purposes of collective bargaining and that said unit will insure to the employees of Pickands, Mather & Company the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. SUPPLEMENTAL CONCLUSIONS OF LAW All production and maintenance employees of Pickands, Mather & Company at the Buck, Bengal, and James mines, Iron River, Michi- gan, excluding foremen, assistant foremen, policemen , watchmen, and those in a clerical or supervisory capacity , constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Sec- tion 9 (b) of the National Labor Relations Act. . CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by 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 CERTIFIED that Independent Mine Employees Union has been designated and selected- by a majority of all production and maintenance employees of Pickands , Mather & Company at the Buck, Bengal, and James mines, Iron River, Michigan , excluding foremen, assistant foremen, policemen , watchmen, and those in a clerical or supervisory capacity , as their representative for purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, Independent Mine Employees Union is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing with respect to rates of pay, wages, hours of employment, and other conditions of employment. 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