United States Smelting, Refining, and Mining Co.

In the Matter Of UNITED STATES SMELTING, REFINING, AND MINING COMPANY and FAIRBANKS MINE WORKERS' UNION, LOCAL No. 444, CHARTERED BY INTERNATIONAL UNION OF MINE, MILT., AND SMELTER WORKERS, AFFILIATED WITH C. I. O. Case No. I?-2001 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 6, 1941 On June 13, 1940, Fairbanks Mine Workers' Union, Local No. 444, Chartered by International Union of Mine, Mill, and Smelter Work- ers, affiliated with C. I. 0., herein called Local 444, filed a petition alleging that a question had arisen concerning the representation of employees of United States Smelting, Refining, and Mining Com- 'pany, Fairbanks, Alaska, herein called the Company, and requesting an investigation and certification of representatives. On June 22, 1940, the National Labor Relations Board, herein called the Board, ordered an investigation and authorized the Regional Director to provide for ari appropriate' hearing. On June 29,' 1940, Local 444, Allied Craftsmen Federal Union #22316, herein called Local 22316, Brotherhood of Alaska Miners, herein called the Brotherhood, the Company, and agents of the Board entered into a consent election agreement providing for an election to be conducted under the super- vision of the Regional Director "in conformity with the National Labor Relations Act and the rules, regulations, and decisions of the National Labor Relations Board" among certain employees to deter- mine whether they desired to be represented by Local 444, Local 22316, the- Brotherhood, or by none for purposes of collective bar- gaining. On July 3, 1940, a hearing in which all parties were represented and. participated was opened before Patrick H. Walker, the Trial Examiner duly designated by the Board. On the same day the hearing was indefinitely postponed in view of the consent election agreement. 29 N. L. R. B, No. 81. 426 UNITED STATES SMELTING, REFINING AND MINING Co. 427 Pursuant to the agreement, an election was conducted under the supervision of the Regional Director from July 6-13, 1940. None of the choices on the ballot received a majority of the valid votes cast. On August 3, 1940, the Regional Director issued and duly served upon the parties an order reopening the hearing; and on August 8 and 13, 1940, a hearing was held in which all parties were represented and participated. On September 3, 1940, the Company filed a brief which the Board has duly considered.' On 'September 21, 1940, the Board issued a Decision and Direction of Election,' directing that further election be conducted under the supervision of an agent for the Regional Director among all em- ployees of the Company in the appropriate unit who were employed on the date used to determine eligibility in the consent election agree- ment and at the time of the consent election, to determine whether they desired to ' be represented by Local 444, Local 22316, or' the Brotherhood for purposes of collective bargaining. The Board also stated that it would afford all parties an opportunity to present oral argument before a final decision was issued in the proceedings. On October 5, 1940, the Company filed a protest to the election in which it objected to the use of the standard of eligibility to partici- pate in the election provided in the consent election agreement and to the absence of the "no union" choice from 'the ballot. -Pursuant to the Direction of Election, an election by secret ballot was conducted from October 7 to 14, inclusive, 1940, under the direc- tion and supervision of John O'Connor, acting as agent for the Re- gional Director. On October 16, 1940, the agent for the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, is- sued and duly served upon the parties his Election Report. As to the balloting and its results, the agent for the Regional Di- rector reported as follows : Total on eligibility list --------------------------------------- 812 Total ballots cast___________________________ --------------------------- ------- --------- 522 Total votes in favor of Alaska Miners and Allied Craftsmen's Union, No. 22316, A F of L------------------------------- 22 Total votes 'in favor of Brotherhood of Alaska Miners_________ 184 Total votes in favor of Fairbanks Aline Workers' Union, Local No 444, Chartered by I. U. of M M. and S. W, C. I O_____ 314 Total blank ballots __________________________________________2278 Total void ballots___________________________________________ 1 Total challenged votes_______________________________________ 1 Total on eligibility list not voting____________________________ 290 128 N L. R B 538 This figure refers to ballots printed but not used , and does not refer to blank ballots actually cast 428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On October 21, 1940, the Company filed its Objections to the Con- duct of Ballot and Election Report. On November 2, 1940, the agent for the Regional Director issued and duly served upon the parties his Report on Objections. On December 10, 1940, pursuant to notice,- a hearing was held before the Board in Washington, D. C., for the,purpose of oral argument. The Company was represented and presented argument. The Company in its Objections contended, in substance, that ap- proximately 10 persons were improperly allowed to vote, and that 3 eligible employees were not allowed to vote. Since the objections, in this respect, would not affect the result of the election, we find that they raise no substantial or material issues with respect to the con- duct of the ballot or the Election Report. The Company argues that the eligibility requirements were improper and that other employees were probably deterred from voting thereby. We find that the eligi- bility requirements were appropriate and that this objection does not raise substantial or material issues with respect to 'the conduct of the ballot or the Election Report. The Company also contended at the hearing, in its brief, and in argument before the Board (1) that the Board is not authorized by the Act to conductea run-off election; (2) that the consent election agreement did not authorize a run-off election; and (3) that if such run-off election were conducted, the "no union" choice should have been included on the ballot. With respect to the second objection of the Company the Board is of the opinion and finds that the parties must have contemplated at the time they executed the consent election agreement the possibility that the first election might be inconclusive and that in that event the Board would conduct a further election, as was done here, under the rule of the "Board prevailing at the time of the agreement, as enunciated in the R. K. LeBlond case.3 The Board has also considered the Company's other objections and finds that none of the objections raises any substantial or material issues respecting the conduct of the ballot or the Election Report. The objections are hereby overruled. 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National tabor Relations Board Rules and Regulations-Series 2, as amended, 8 Matter of R. K LeBlond Machine Tool Co , etc and Independent Employees Organiza- tion, 22 N L. R. B 465 17 UNITED STATES SMELTING, REFINING AND MINING CO. 429 IT Is HEREBY.cERTn= that Fairbanks Mine Workers' Union, Local No. 444, Chartered by Internationl Union of Mine, Mill, and Smelter Workers, affiliated with C. I. 0., has been designated and selected by a majority of all the employees of the Company employed at its operations in the Fairbanks Recording Precinct, Territory,of Alaska, excluding office, clerical, supervisory, professional, and technical per- sonnel, as their representative for the purposes of'collective bargain- ing, and that pursuant to the provisions of Section 9 (a) of the Na- tional Labor Relations Act, Fairbanks Mine Workers' Union, Local No. 444, Chartered by International Union of Mine, Mill, and Smelter Workers, affiliated with C. I. 0., is the exclusive representa- tive of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employ i t, and other conditions of employment. MR. WILLIAM, M. LEIsERSON took no part in the consideration of the above Supplemental Decision and Certification of Representatives. 0