Archer-Daniels Midland Co.

National Labor Relations Board - Board Decisions

Jan 24, 1941

29 N.L.R.B. 205 (N.L.R.B. 1941)

In the Matter of ARCHER-DANIELS MIDLAND COMPANY and UNITED
MINE WORKERS OF AMERICA, DISTRICT # 50, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-2118
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
January 24,19P
On November 12, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
this proceeding., Pursuant to the Direction of Election, an election
by secret ballot was conducted on November 25, 1940, under the
direction and supervision of the Regional Director for the Second
Region (New York City): On December 5, 1940, the Regional Di-
rector, 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 number eligible to vote------------------------------- 313
Total number of ballots cast-------------------------------- 324
Total number of valid ballots----------------------------- 297
Total number of votes in favor of Linseed, Oil Workers, ,
A. F. L-------------------------------------------------- 135
Total number of votes in favor of U. M W. A, Dist. 50,
C. I. 0-------------------------------------------------- 158
Total number of votes in favor of neither union------------ 4
Total number of blank votes-------------------------------- 0
Total number of void ballots------------------------------- 1
Total number of challenged votes--------------------------- 26
Twenty-five employees were challenged by the A. F. of L. at the
time of the election. The Company concurred in the challenges.
Subsequent to the election, the C. I. O. informed the Regional Di-
rector that it relinquished all claims with respect to the challenged
127 N. L.-R. B. 1310.
29 N. L. R. B., No. 37
205
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ballots and agreed that such challenged ballots should not be counted.
The challenges are hereby sustained.
On December 9, 1940, the A. F. of L. filed objections to the Elec-
tion Report. On December 26, 1940, the Regional Director issued
her Report on Objections.' The A. F. of L. thereupon filed further
objections. The A. F. of L. objects to the conduct of C. I. O. members
preceding and during the election. The Regional Director recom-
mended that the objections be,overruled. At the close of the ballot-
ing the Company, the A. F. of L., and C. I. O. observers signed a
statement to the effect that "the balloting was fairly conducted, that
all eligible voters were given an opportunity to vote their ballots in
secret, and that the ballot box was protected in the interests of a fair
and secret vote." , We have considered the objections, the Regional
Director's report thereon, and the further objections of the A. F. of
L. End find that the objections raise no substantial and material issues
with respect to the conduct of the election or the Election Report.
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 Re-
lations 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 United Mine Workers of America,
District #50, affiliated with the Congress of Industrial Organiza-
tions, has been designated and selected by a majority of all employees
of Archer-Daniels Midland Company at its Edgewater, New Jersey,
plant, excluding executives, salaried superintendents, foremen, assis-
tant foremen, watchmen, first-aid men, chemists and clerical workers,
as their representative-for the purpose of collective bargaining, and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
United Mine Workers of America, District #50, 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 con-
ditions of employment.