Phoenix Iron Co.

National Labor Relations Board - Board Decisions

Mar 13, 1942

39 N.L.R.B. 775 (N.L.R.B. 1942)

In the Matter of PHOENIx IRON COMPANY and STEEL WORKERS ORGAN-
IZING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. R-3449
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
March 13, 1942
On February 17, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding,' directing that an election by secret ballot
be conducted among certain employees of Phoenix Iron Company,
Phoenixville, Pennsylvania, herein called the Company, to determine
whether or not,they desire to be represented by Steel Workers Organ-
izing Committee, affiliated with the Congress of Industrial Organiza-
tions, herein called the S. W. O. C. or by Employees Association of
Phoenix Iron Company, herein called the Association, for the
purposes of collective bargaining, or by neither.
Pursuant to the Decision and Direction of Election, an election by
secret ballot was conducted among such employees on March 2, 1942,
.under the direction and supervision of the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania). On March 5, 1942, the
Regional Director, 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 his Election
Report. No objections were thereafter filed to the Election Report.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list_____'_______________________________ 1344
Total ballots cast_________________________________________ 1180
Total valid votes counted__________________________________ 1163
Total ballots challenged____________________________________ 11
Total blank ballots_______________________________________ 0
Total void ballots_________________________________________ 6
Votes cast for Employees Association of Phoenix Iron Company 503
Votes cast for S. W. 0. C----------------------------------- 576
Votes cast for neither______________________________________ 84
138 N L. R B. 1320.
39 N. L R. B., No. 147.
775
776 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Although neither of the competing labor organizations received
a majority of the votes cast, the results of the election show that a
substantial majority of the-employees involved in this proceeding
desire to bargain collectively with the Company. On March 6, 1942,
the S. W. O. C. filed a formal request for a run-off election to be held
by the Board. On March 9, ' 1942,, the Company filed an answer op-
posing said request and praying that the same be dismissed. We have
considered the objections of the Company and we hereby overrule
them. Accordingly, we shall direct a run-off election in order that
the employees may be given an opportunity to decide whether they
desire to be represented'by the S. 'W: O. C. or by the Association for
the purposes of collective bargaining.
SECOND DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the, investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Phoenix Iron Company, Phoenixville, Pennsylvania, an election
by secret ballot shall be conducted' as early as possible, but not later
than thirty (30) 'days from the date of this Second Direction of Elec-
tion, under the direction and supervision of the Regional Director
for the Fourth Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of said
Rules and Regulations; among all production and -maintenance em-
ployees of the Company described in the Direction of Election issued
on February 17, 1942, but excluding those employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Steel Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, or by Employees
Association of Phoenix Iron Company, for the purposes of collective
bargaining. _
MR. WM. M. LEtsRRSON took no part in the consideration of the
above, Supplemental Decision and Second Direction of Election.