40 N.L.R.B. 950 (N.L.R.B. 1942)

American Smelting & Refining Co.

National Labor Relations Board - Board DecisionsApr 28, 1942

40 N.L.R.B. 950 (N.L.R.B. 1942)

:In the Matter of AMERICAN SMELTING &, REFINING COMPANY and OMAHA SMELTERMENS UNION 4461, INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS, AFFILIATED WITH THE CONGRESS OF INDUS- TRIAL ORGANIZATIONS Cases Nos . C-1617 and R-1834 SUPPLEMENTAL DECISION AND DIRECTION OF ELECTION April 28, 1942 On February 3, 1941, the National Labor Relations Board , herein ,called the Board, issued a Decision and Order in the above-entitled proceedings.' In its Decision the Board found that a question con- cerning the representation of employees of American Smelting & Re- fining Company, Omaha, Nebraska, herein called the Company, had arisen, and that it could best be resolved by means of an election by secret ballot.. The Board further stated, however, because the Com- pany. had engaged in various unfair labor practices and interfered with the exercise by its employees of the rights guaranteed them by ,the Act, it would not set a date for the election, but would direct an election upon receipt of information from the Regional Director that the circumstances permit a free choice of representatives, unaffected by the Company's unlawful acts. On April 18, 1942, the Regional Director notified the Board that circumstances now permit a free choice of representatives, unaffected by the Company's unlawful acts. We shall direct that an election be held among the employees in the appropriate unit found in our Decision and Order of February 3, 1942, who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board, by Section 9 (c) of the National Labor Relations 1 29 N L R B 360 40 N. L. R. B., No. 166. 950 AMERICAN SMELTING, & RE'F'INING COMPANY 951 Act, and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with. American Smelting & Refining Company, Omaha, Nebraska, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Seventeenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance em- ployees at the Omaha, Nebraska, plant of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll,period because they were ill or on vacation or in the active military service or training of the United States,, or temporarily laid off, but excluding executive, administrative, technical, supervisory, professional, clerical, and office employees, including in such excep- tions foremen, assistant foremen, relief foremen, engineers, metal- lurgists, chemists, assayers, secretaries,, accountants, auditors, clerks, stenographers, watchmen, and students and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Omaha Smeltermens Union #461, Inter- national Union of Mine, Mill & Smelter Workers, affiliated with the 'Congress of Industrial Organizations, for the purposes of collective bargaining.