American Cyanamid Co.

National Labor Relations Board - Board Decisions

Mar 21, 1940

21 N.L.R.B. 840 (N.L.R.B. 1940)

In the Matter of AMERICAN CYANAMID CO. and UNITED PHOSPHATE
WORKERS' UNION No. 22036, A. F. L.
Case No. R-1666
SUPPLEMENTAL DECISION AND ORDER
March 01, 19./0
On January 29, 1940, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.'
The Direction of Election provided that an election by secret ballot be
conducted within thirty (30) days from the date of the Direction
among all employees of the American Cyanamid Company, Brewster,
Florida, including employees at work on the draglines; employees
who work in or at the mines, Oak Ridge pumps, stage pumps-Old
Colony, dam and spillway; repairmen-Old Colony and Oak Ridge;
spare men for mines, section crew, etc.; flotation plant employees;
employees in or at the yard, cry, plant, dry plant boiler ; rock loaders ;
employees in or at the dust mill, brown hoist; dust car loaders;
employees in or at the laboratory, electric shop, machine shop, garage;
filling station employees; sanitary workers; construction workers;
town watchmen; janitors; and telephone operators, whose names
appeared on the company pay roll of December 1 to 15, 1939, includ-
ing employees who were dismissed or laid off between December 9 and
15, 1939, both inclusive, who had not thereafter obtained regular and
substantially equivalent employment elsewhere, and including em-
ployees not on that pay roll because they were ill or on vacation, but
excluding those who since December 1, 1939, quit or were discharged
for cause other than being -dismissed or, .laid off, as aforesaid, and fur-
ther excluding managerial and supervisory employees, and all em-
ployees who work in or at the office, commissary, doctor's office, and
storeroom, to determine whether or not they desired to be represented
by United Phosphate Workers' Union No. 22036, for the purposes of
collective bargaining.
Pursuant to the Direction an election by secret ballot was conducted
on February 23, 1940, at Brewster, Florida, under the direction and
supervision of Charles H. Logan, Regional Director for the Fifteenth
Region (New Orleans, Louisiana). On February 28, 1940, the
119 N L. R B 1026
21 N. L R. B. No. 84
840
AMERICAN CYANAMID COMPANY 841
Regional Director, acting pursuant to Article III, Section 9, National
Labor Relations Board Rules and Regulations-Series 2, as amended,
issued, and on March 2, 1940, duly served upon the parties to the pro-
ceeding his Election Report, including his findings and recommenda-
tions. No objections to the conduct of the ballot or Election Report
have been filed by any of the parties.
As to the results of the secret ballot, the Regional Director reported
as follows :
Total on eligibility list- ------------------------------------- 219
Total ballots cast-------- ----------------------------------- 214
Total ballots challenged ---------- -------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 1
Total valid votes cast--------------------------------------- 213
Votes cast for United Phosphate Workers' Union No. 22036,
A. F. L-------------------------------------------------- 68
Votes cast against United Phosphate Workers' Union No. 22036,
A. F. L--------------------------------------------------- 145
The results of the Election show that no collective bargaining rep-
resentative has been selected by a. majority of the employees in the
-appropriate unit. The petition for investigation and certification of
representatives of employees of the American Cyanamid Company,
at Brewster, Florida, will therefore be dismissed.
ORDER
By virtue of Section 9 (c). 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 ORDERED that the petition for investigation and certifica-
tion of representatives of employees of American Cyanamid Com-
pany, Brewster , Florida, filed herein by United Phosphate Workers'
Union No. 22036 , be and it hereby is, dismissed.