Northwest Magnesite Co.

National Labor Relations Board - Board Decisions

Jul 8, 1942

42 N.L.R.B. 215 (N.L.R.B. 1942)

In the Matter of NORTHWEST MAGNESITE COMPANY and UNITED
CEMENT, LIME AND GYPSUM WORKERS INTERNATIONAL UNION,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No R-3994 -Decided July 8,1942
Investigation and Certification of Representatives : stipulation foi certification
rpon consent election
Mr E A Garber, of Chewelah, Wash, for the Company
Mr Melvin Ferron, of Chewelah, Wash, for the A F of L
Mr Robert Hollowwa, of Chewelah, Wash, for the C. I 0
Mr David Karasick, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon petition duly filed by United Cement, Lime and Gypsum
Workers International Union, affiliated with the A. F. of L, herein
called the A F. of L , alleging that a question affecting commerce
had arisen concerning the representation of employees of Northwest
Magnesite Company, herein called the Company, engaged in Chewe-
lah, Washington, in the manufacture of dead burned magnesite and
thermax, the National Labor Relations Board provided for an appro-
priate hearing upon due notice On May 21, 1942, before a hearing
was held, the Company, the A F of L, the C I 0, and the Re-
gional Director for the Nineteenth Region (Seattle, Washington)
entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION
Pursuant to the stipulation, an election by secret ballot was con-
ducted on June 9, 1942, under the direction and supervision of the
Regional Director among all production and maintenance employees
of the Company at its Chewelah, Washington, operation, excluding all
clerical employees, supervisory employees, and watchmen, to deter-
mine whether they desired to be represented by the A F. of L, by
the C I O , or by neither On June 11, 1942, the Regional Director
issued and duly served upon the parties an Election Report on the
ballot No objections to the conduct of the ballot or to the Election
Report have been filed by any of the parties.
42 N L R B, No 48
215
216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows `
Total on eligibility list------------------------------------ 706
Total ballots cast---------------------------------------- 597
Total ballots challenged---------------------------------- 0
Total blank ballots--------------------------------------- 0
Total void ballots ---------------------------------------- 0
Total ialid votes counted--------------------------------- 597
Votes cast foi International Union of Mine, Mill and Smelter
Woikers, C _I 0--------------------------------------- 344
Votes cast for United Cement, Lime and Gypsum Workers
International Union, A F of L------------------------- 23
Votes cast for neither------------------------------------ 230
Upon the basis of the stipulation, the Election Repoit, and the
entire record in the case, the Board makes the following.
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Northwest Magnesite Company, Chewelah,
Washington, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act
2 All production and maintenance employees. of the Company
at its Chewelah, Washington, operation, excluding clerical employees,
supervisory employees, and watchmen constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act
3 International Union of Mine, Mill and Smelter Workers, affili-
ated with the Congress of Industrial Organizations, has been desig-
nated and selected by a majority of employees in the above unit as
their representative for the purposes of collective bargaining and
is the exclusive representative of all employees in said unit, within
the meaning of Section 9 (a) of the Act
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
Relations Act,
IT IS HEREBY CERTIFIED that International Union of Mine, Mill and
Smelter Workers, affiliated with the Congress of Industrial Organi-
zations, has been designated and selected by a majority of all produc-
tion and maintenance employees of the Company at its Chewelah,
Washington, operation, excluding clerical employees, supervisory em-
ployees, and watchmen, as their representative for the purposes of
0
NOWPHWEST MAGNESITE^ COMPANY 217
collective bargaining, and that, pursuant to Section 9 (a) of the "Act,
International Union of Mine, Mill and Smelter Workers, affiliated
with the Congress of Industrial Organizations, is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.