Consolidated Coppermines Corp.

National Labor Relations Board - Board Decisions

Jun 5, 1943

50 N.L.R.B. 135 (N.L.R.B. 1943)

In the Matter of CONSOLIDATED COPPERMINES CORPORATION and INTER-
NATIONAL UNION OF MINE, MILL AND SMELTER `YORKERS, LOCAL 642,
C. I. O.
Case No. R-501P2
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 5,1943
On April 15 , 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above -entitled proceeding.'
On May 8, " 1943, Metal Trades Department of the A. F. of L., herein
called the A. F. of L., requested that its name not appear on the
ballot. On May 10, 1943 , the Board issued an Amended, Direction of
Election removing the name of the A. F . of L. from the ballot.
Pursuant to the Amended Direction of Election , an election by
secret ballot was conducted on May 12, 1943 , under the direction and
supervision of the Regional Director for the Twentieth Region (San
Francisco , California ). On May 12, 1943 , the Regional Director, act-
ing pursuant to Article III7 Section 10, 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 :
Approximate number of eligible voters------------------------ 649
Total ballots cast------------------------------------------- 531
Total ballots challenged ------------------------------------- 12
Total void ballots------------------------------------------- 3
Total valid votes counted------------------------------------
Votes cast for International Union of Mine, Mill , and Smelter
516
Workers, Local 642, C. I 0-------------------------------- 440
Votes cast against International - Union of Mine , Mill, and
Smelter Workers , Local 642, C. I 0------------------------ 76
Thereafter, on May '15, 1943, Consolidated Coppermines Corpora-
tion, herein called the Company, filed objections to the election. One
of the Company's objections was subsequently withdrawn. The re-
maining objections are as follows :
1 48 N L R B. 1274.-
50 N L. It. B., No. 29.
135
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. That the Board did not determine who was eligible to vote in
the election and did not determine a definite pay roll to be used in the
election.
2. That the Board refused to postpone the election when the Metal
Trades Department of the American Federation of Labor withdrew
and that as a result the employees were not adequately informed as
to the issues to be decided by the elections. .
3. That the Board has ruled, that a labor organization need not be
the choice of the majority of the employees eligible to vote in an
election in order to secure certification but may be certified as the
result of receiving a majority of the valid votes cast.
On May 24 , 1943, the Regional Director issued a Report on Ob-
jections in' which he found the contentions of the Company to be
without merit.
As to the first objection made by the Company ; the Decision and
Direction of Election , above, defined categories of employees eligible
to vote and directed the use of the pay roll immediately preceding
the date of the Direction ., As to the second objection, the Board may
in its discretion permit the withdrawal of a labor organization from
the ballot and in the absence of a cogent and compelling reason will
not postpone an election which is advertised and imminent. The
employees of the Company were adequately advised 36 hours before
the election of the withdrawal,of'the •A..F. L., by means-of amended
sample ballots and by posters . The withdrawal did -not confuse the
issues, as the'voters were enabled to express their , favor or disfavor
for, the C. I. O.. The, third objection - is of no moment in this case as
the C . I. O. was the choice of a majority of those eligible to vote.
However, it is well settled that, a choice made by. a majority ' of those
voting is sufficient for certification. We find that the objections raise
no substantial or material issue with respect , to the Election Report,
and they are hereby overruled. '
CERTIFICATION OF REPRESENTATIVES
I
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; and, pursuant to Article III, Sections , 9 and 10, of Na-
tional Labor Relations Board 'Rules ' arid Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that InternatlOnal Union of Mine, Mill,
and Smelter Workers, Local 642, C.' I: 0.', has been designated and
selected by a majority of all production arid maintenance employees
of the Consolidated Coppermines Corporation at" its Kimberly,_
Nevada, plant, excluding hospital personnel , deputized watchmen,
the deputy sheriff, office clerical employees , mine timekeepers, tele-
CONSOLIDATED COPPERti3INES CORPORATION 137
phone operators, janitors, technical employees, and supervisory em-
ployees; as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the Act, the said 'or-
ganization is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and, other conditions of employment.
CHAIRMAN MILLis took no part in the consideration of the above
.Supplemental Decision and Certification of Representatives.
I