Monolith Portland Cement Co.

In the Matter of MONOLITH PORTLAND CEMENT CO MPANY and LOCAL' 550, INTERNATIONAL UNION MINE, MILL & S311:LTER WORKERs , C. I. O. Case No. R2992 SECOND' SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES December 12,1941 On October 9, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. On November 6, 1941, the Board issued its Supplemental Decision and Direction of Run-Off Election.2 Pur- suant to the Direction of Run-Off Election, an election by secret ballot was conducted on November 14, 1941, under the direction and super- vision of the Regional Director for the Twenty-first Region (Los Angeles, California). On November 15, 1941, 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 an Election Report. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list------------------------------- 295 Total ballots cast ------------------------------ ---------- --- 265 Total ballots challenged -------------------------- --------- --- 1 Total blank ballots ------------------------------------------- 0 Total valid votes counted--------------------------- 204 Votes cast for Local 5.50, International Union Mine, Dlill & Smelter Workers,-C I 0---------------------------------- 145 Votes cast for Local 52, United Cement, Lime and Gypsum Workers International Union, A F L--------- 2 ------------ 119 On November 17, 1941, Local 52, United Cement, Lime and Gypsum Workers International Union, A. F. L., herein called the A. F. of L., filed a protest to the conduct of the election. On November 26, 1941, the A. F. of L. filed Further Objections to the Conduct of the Run-Off Election. On November 27, 1941, the Regional Director issued his 1 35 N. L R. B, No. 226. 2 36 N L. R. B. 694. 37 N. L. R. B , No. 92. 554 MONOLITH PORTLAND CEMENT COMPANY 555 Report on Objections. The Board has considered the protest and Further Objections to the Conduct of the Run-Off Election, and the Regional Director's Report thereon, and finds that the objections raise no substantial and material issues with respect to the conduct of the election. 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 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 Local 550, International Union Mine, Mill & Smelter Workers, C. I. 0., has been designated and selected by a majority of all production employees of Monolith Portland Ce- ment Company, Monolith, California, including maintenance work- ers, but excluding Lange Construction employees working in the plant or on Company property, office and clerical workers, and those engaged in a supervisory capacity with the right to hire or discharge or to recommend hiring or discharging, as their representative for the pur- poses of collective bargaining and that, pursuant to Section 9 (a) of the Act, Local 550, International Union Mine, Mill & Smelter Workers, C. I. 0., 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.