American Steel Scraper Co.

National Labor Relations Board - Board Decisions

Apr 9, 1940

22 N.L.R.B. 813 (N.L.R.B. 1940)

In the Matter of AMERICAN STEEL SCRAPER COMPANY and LOCAL 1408
INTERNATIONAL ASSOCIATION OF MACHINISTS , A. F. OF L.
Case No. B-1708
SUPPLEMENTAL DECISION
AND
ORDER
April 9, 1940
On March 7, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 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 Amer-
ican Steel Scraper Company, Sidney, Ohio, who were employed
by the Company during the pay-roll period ending January 27, 1940,
including those who did not work during such pay-roll period be-
cause they were ill, on vacation, or temporarily laid off, including
Vernon Shelby, but excluding supervisory and clerical employees,
and employees who had since quit or been discharged for cause,
to determine whether or not they desired to be represented by
Local No. 1408, International Association of Machinists, affiliated
with the American Federation of Labor, for the purposes of col-
lective bargaining.
Pursuant to the Direction, the election by secret ballot was held
on March 15, 1940, at Sidney, Ohio, under the direction and super-
vision of the Regional Director for the Eighth Region. On March
16, 1940, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Election Report containing a tally of the ballots. In his Report
the Regional Director certified that the ballot was fairly and im-
partially conducted, that the ballots cast were duly and 'fairly
counted under his supervision, and that statements to such effect
had been filed with him by the observers.
'21 N L R B 218.
22 N. L. R. B., No. 53.
813
814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results , the Regional Director reported
as follows :
Total on eligibility list______________________________________ 20
Total ballots cast___________________________________________ 21
Total ballots challenged_____________________________________ 1
Total blank ballots__________________________________________ 0
Total void ballots___________________________________________ 0
Total
Votes
valid
cast
votes cast_______________________________________
for Local No. 1408, International Association of
20
Machinists, A. F. of L_____________________________________ 7
Votes cast against Local No. 1408, International Association of
Machinists, A. F. of L_____________________________________ 13
No objections to the conduct of the ballot or to the Election
Report have been filed by any of the parties.
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 of Local No. 1408, International
Association of Machinists, for investigation and certification of rep-
resentatives of employees of American Steel Scraper Company will
therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the 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 cer-
tification of representatives of employees of American Steel Scraper
Company, Sidney, Ohio, filed by Local No. 1408, International
Association of Machinists, affiliated with the American Federation
of Labor, be, and it hereby is, dismissed.