J. Allen Smith & Co.

National Labor Relations Board - Board Decisions

Mar 11, 1941

30 N.L.R.B. 247 (N.L.R.B. 1941)

In the Matter of J. ALLEN SMITH & Co. and FLOUR MILL WORKERS
UNION No. 22074 , AFFILIATED WITH THE A . F. OF L.
In the Matter of J. ALLEN SMITH & Co. and LOCAL # 621, INTERNA-
TIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN
& HELPERS OF AMERICA (A. F. OF L.)
Cases Nos. R-2198 and R-2199
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
On January 14, 1941, the National Labor Relations Board issued
its Decision and Direction of Elections in the above-entitled proceed-
ing.' Pursuant to the Direction of Elections, separate elections by
secret ballot were conducted on February 10, 1941, under the direction
and supervision of the Regional Director for the Tenth Region (At-
lanta, Georgia), among the truck drivers and helpers and among the
production and maintenance employees of J. Allen Smith & Co.,
herein called the Company. On February 15 and 18, 1941, -respec-
tively, the, Regional Director, acting pursuant to Article III, Section
9, National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued an Election Report on each of the above elections,
copies of which were duly served upon the Company and, for their
respective cases, upon Flour Mill Workers Union No. 22074, affiliated
with the A. F. of L., herein called Flour Workers Union, and upon
Local #621, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, herein called the Teamsters.
No objections to the conduct of the ballots or the Election Reports
have been filed by any of the parties.
As to the balloting and the results thereof the Regional Director
reported as follows :
1 28 N L R B 1233.
30 N. L R . B, No. 34.
247
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Production and Maintenance Employees
Total number eligible--------------------------------------- 124
Total ballots cast------------------------------------------- 120
Total number ballots cast for Flour Mill Workers Union No.
22074, Affiliated with the A. F. of L-- --------------------- 55
Total number ballots cast against Flour Mill Workers Union
No. 22074, Affiliated with the A F. of L-------------------- 65
Total number of challenged ballots--------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of blank ballots------------------------------- 0
Truck Drivers and Helpers .
Total number eligible--------------------------------------- 17
Total ballots cast------------------------------------------- 16
Total number ballots cast for Local #621, International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen & Helpers
of America, affiliated with the A. F. of L------------------- 11
Total number ballots cast against Local #621, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America, affiliated with the A. F. of L----------- 4
Total number of challenged ballots-------------------------- 1
Total number of void ballots-------------------------------- 0
Total number of blank ballots------------------------------- 0
The results of the election among the truck drivers and helpers
show that the Teamsters has been selected by a majority of said em-
ployees as their exclusive bargaining representative and the Board
will so certify. The results of the election among the production and
maintenance employees show that no collective bargaining representa-
tive has been selected by a majority of these employees. The Flour
Workers Union's petition for investigation and certification of the
production and maintenance employees of the Company will there-
fore be dismissed.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board, by Section 9 (c) of 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 CERTIFIED that Local #621, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen & Helpers of America, affil-
iated with the A. F. of L., has been designated and selected by a ma-
jority of truck drivers and helpers employed by J. Allen Smith & Co.,
Knoxville,- Tennessee, as their representative for the purposes of col-
lective bargaining, and that pursuant to the provisions of Section 9
(a) of the National Labor Relations Act, Local #621, International
J. ALLEN SMITH & CO. 249
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, affiliated with the A. F. of L. is the exclusive representative
of all such employees for the purpose of collective bargaining in
respect to rates of pay, wages, hours of ,employment, and other con-
ditions of employment.
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, National
Labor Relations Board Rules and Regulations-Series 2, as amended
IT IS HERESY ORDERED that the petition and amended petition for
investigation and certification of representatives of employees of
J. Allen Smith Y Co., Knoxville, Tennessee, filed by Flour Mill
Workers Union No, 22074, affiliated with the A. F. of L., be, and it
hereby is, dismissed.