American Smelting & Refining Co.

National Labor Relations Board - Board Decisions

Jun 5, 1942

41 N.L.R.B. 761 (N.L.R.B. 1942)

•1n the Matter of AMERICAN SMELTING &--REFINING - COMPANY and
OMAHA SMELTERMENS UNION #461, INTERNATIONAL UNION OF
MINE, MILL & SMELTER WORKERS. AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Cases Nos. C-1617 and P 1834, respectively
CERTIFICATION OF REPRESENTATIVES
June 5, 194
On February 3, 1941, the National Labor Relations Board issued
a Decision and Order in the above-entitled proceedings.' On April
28, 1942, the Board issued a Supplemental Decision and Direction of
Election.2 Pursuant to the Direction of Election, an election by secret
-ballot was conducted on May 20, 1942, under the direction and super-
vision of the Regional Director for" the Seventeenth Region (Kansas
City, Missouri). On May 21, 1942, 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 on the ballot. No objec-
tions to the conduct of the ballot or the Election Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list----------------------------------- 214
Total ballots cast---------------------------------------- 201
Total ballots challenged---------------------------------- 1
Total blank ballots--------------------------------------- 2
Total void ballots---------------------------------------- 1
Total valid votes counted------ -------------------------- 197
Votes cast for Omaha Smeltermens Union #461, International
Union of Mine, Mill & Smelter Workers, Affiliated with the
Congress of Industrial Organizations--------------- _--- 125
Votes cast against Omaha Smeltermens Union #461, Interna-
tional Union of Mine, Mill & Smelter Workers, affiliated
with the Congress of Industrial Organizations-----___-_- 72
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,
129 N L R B. 360.
2 40 N L R. B. 950
41 N. L. R. B., No. 143.
761
762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Omaha Smeltermens Union #461, In-
ternational Union of Mine, Mill & Smelter Workers, affiliated with the
Congress of Industrial Organizations, has been designated and se-
lected by a majority of all production and maintenance employees at
the Omaha, Nebraska plant of American Smelting & Refining Com-
pany, excluding executive, administrative, technical, supervisory, pro-
fessional, clerical, and office employees, including in such exceptions
foremen, assistant foremen, relief foremen, engineers, metallurgists,
chemists, assayers, secretaries, accountants, auditors, clerks, stenog-
raphers, watchmen, and students, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Omaha Smeltermens Union #461, International Union
of Mine, Mill & Smelter Workers, affiliated with the Congress 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.