Solvay-Process Co.

In the Matter of SOLVAY-PROCESS COMPANY and DISTRICT 50; UNITED MINE WORKERS AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-0341 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES April 29, 1941 On March 12, 1941, the National Labor Relations Board issued its Decision and Direction of Election' in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on April 3, 1941, under the direction and supervision of the Regional Director for the Seventh Region (Detroit, Michigan). On April 4, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regu- lations-Series 2; as amended, issued and duly served upon the parties an Election Report. As to the balloting and its results, the Regional'Director reported as follows : - Total on eligibility list-------------------------`--------- 155 Total ballots cast----------------- ------- --------- -------- 152, Total ballots challenged---------------------------------- 20 Total blank ballots -------------------------------------- 0 Total void ballots----------------------------------------- 0 Total valid votes cast------------------------------------ 152 Votes cast for District 50, United Mine workers, affiliated with the Congress of Industrial Organizations-_--------- 131 Votes cast against District 50, United Mine workers, affiliated with the Congress of Industrial Organizations ------------ 21 _ - On April 10, 1941, Solvay-Process Company, herein called the Com- pany, filed with the Regional Director an Exception to Election Re- port, based on the ground that three patrolmen had been allowed to vote after being challenged by Company observers. The Company averred that said patrolmen were not eligible to be'included in the 130N. L R.B 264. 2 Three patrolmen challenged by the Company observers were allowed to vote for the rea- sons set forth in the Report on Objections . Because of this ruling the Company observers did not sign the Certification of Counting and Tabulation of Ballots 31N.L R.B.,No 72 - 473 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bargaining unit; that their duties, obligations, authority, and status disqualified them from voting at the election ; and that the Company's challenges should have been sustained. - The Regional Director investigated the matter set forth in the Exception, and on April 14, 1941, duly served upon the parties his Report on Objections based upon such investigations. He reported that although Company observers challenged each of the three patrol- men in question, the agent of the Board conducting the election did not allow the challenges and permitted the three patrolmen to cast ballots for the reason that the Board, in its Direction of Election, had specifically mentioned and classified the three patrolmen as watchmen, and further had included watchmen in the appropriate unit, thereby making them eligible voters. He also reported that Company and Union observers identified by name the three patrolmen who were thus allowed to cast ballots as the same individuals referred to in-the Board's Direction of Election as "three patrolmen who have been sworn in as special Trenton police." Since the Company has not heretofore objected to the unit found appropriate by the Board in its Decision and Direction of Election 3 and since, moreover, the three challenged ballots could make no dif- ference in the result of the election, we find upon the entire record in the case, including the Election Report, the Exception to Election Report, and the Report on Objections, that the Exception does 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 District 50, United Mine Workers, affili- ated with the Congress of Industrial Organizations, has been desig- nated and selected by a majority of the hourly rate production and maintenance employees of Solvay-Process Company, Trenton, Michi- gan, including watchmen, but excluding foremen, superintendents, assistant superintendents, and office and clerical employees, as their representative for the purposes of collective bargaining, and that pur- suant to the provisions of Section 9 (a) of the National Labor Rela- tions Act, District 50, United Mine Workers, affiliated with the Con- gress of Industrial Organizations, 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. s At the hearing counsel for the Company stated that the employer made not contention as to the appropriate unit.