Pickands Mather & Co.

National Labor Relations Board - Board Decisions

Nov 19, 1940

28 N.L.R.B. 26 (N.L.R.B. 1940)

In the Matter of PICKANDS MATHER & COMPANY AND VERONA MINING
COMPANY and LODGE 1624, AMALGAMATED ASSOCIATION OF IRON, STEEL
& TIN WORKERS OF NORTH AMERICA, S. W. O. C., C. I. O.
Cases Nos. R-1885 and R-1886 ,
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 19, 1940
On July 30, 1940, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Elections in the above-
entitled proceedings., On August 7, 1940, the Board issued an
Amendment to Direction of Elections.2 Pursuant to the Direction
of Elections, as amended, elections by secret ballot were conducted
on August, 27, 1940, under the direction and supervision of the
Regional Director for the Twelfth Region (Milwaukee, Wisconsin).
On September 3, 1940, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued an Election Report, copies
of which were duly served on the parties.
As to the balloting and its results, the Regional Director reported
as follows :
BENGAL MINE
Number of employees eligible to vote----------------------- 146
Total number of ballots cast------------------------------- 144
Number of votes counted---------------------------------- 142
Number of votes for Lodge 1624, Amalgamated Association of
Iron, Steel & Tin Workers of North America, S. W. 0. C.
(C. I. 0.)--------------------------------
----------------- 39
Number of votes for Independent Mine Employees Union ----- 99
Number of votes for neither organization------------------- 4
Number of blank ballots ---------------------------------- 1
Number of void ballots------------------------------------ 0
Number of challenged ballots------------------------------ 1-
2 25 N. L. R. B. 1100.
226NLR.B214
28 N. L. R. B., No 10
26
,PICKANDS MATHER & COMPANY 27,
BUCK MINE
Number of employees eligible to vote ------- ----------------- 196
Total number of ballots cast_____________________________ _ 192
Number of votes counted__________________________________ 189
Number of votes for Lodge 1624, Amalgamated'Association of
Iron, Steel & Tin Workers of North America, S. W. 0. C.
(C. I. O.) ----------------------------------------------- 67
Number of votes for Independent Mine Employees Union_____ 110
Number of votes for neither organization------------------ 12
Number of blank ballots___________________________________ 1
Number of void ballots____________________________________ 0
Number of challenged ballots______________________________ 2
JAMES MINE
Number of employees eligible to vote________________________ 66
Total number of ballots cast_______________________________ 65
Number of votes counted__________________________________ 65
Number of votes for Independent Mine Employees Union____ 37
Number of votes against Independent Mine Employees Union__ 28
Number of blank ballots___________________________________ 0
Number of void'ballots------------------------------------ 0
Number of challenged ballots______________________________ 0
On September 5, 1940, Lodge 1624, Amalgamated Association of
Iron, Steel & Tin Workers of North America, S. W. O. C. (C. I. 0.),
filed its objections to the Election Report. No objections were filed
by the other parties. On October 31, 1940, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
'Board Rules and Regulations-Series 2, as amended, issued and served
upon the parties his Report on Investigation of Objections to Election
Report, in which, after investigation, he reported that the objections
do not raise substantial and material issues with respect to the conduct
of the elections. The Board has considered the Election Report, the
objections filed thereto, and the Report on Investigation of Objections
to Election Report and finds that the objections do not raise substan-
tial or material issues with respect to the conduct of the elections or the
Election Report. The ruling of the Regional Director with respect to
the objections is hereby affirmed.
In the Decision and Direction of Elections, as amended, the Board
made no final determination as to the appropriate unit or units, but
provided in substance that wherever a ballot at one of the mines should
result in a majority for one of the unions involved, the employees at
that. mine would be combined in a single unit with the employees at
any other mine who might similarly select the same union.
Upon the basis of the entire record in the case, the Board makes the
following :
28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SUPPLEMENTAL FINDINGS OF FACT
We find that 'all production and maintenance employees of Pickands,
Mather & Company at the Buck, Bengal , and James mines, Iron River,
Michigan , excluding foremen, assistant foremen, policemen , watchmen,
and those in a clerical or supervisory capacity , constitute a unit appro-
priate for the purposes of collective bargaining and that said unit
will insure to the employees of Pickands, Mather & Company the full
benefit of their right to self-organization and to collective bargaining,
and otherwise effectuate the policies of the Act.
SUPPLEMENTAL CONCLUSIONS OF LAW
All production and maintenance employees of Pickands, Mather &
Company at the Buck, Bengal, and James mines, Iron River, Michi-
gan, excluding foremen, assistant foremen, policemen , watchmen, and
those in a clerical or supervisory capacity , constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 ( b) of the National Labor Relations 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,
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 Independent Mine Employees Union has
been designated and selected- by a majority of all production and
maintenance employees of Pickands , Mather & Company at the Buck,
Bengal , and James mines, Iron River, Michigan , excluding foremen,
assistant foremen, policemen , watchmen, and those in a clerical or
supervisory capacity , as their representative for purposes of collective
bargaining, and that, pursuant to the provisions of Section 9 (a) of
the Act, Independent Mine Employees Union is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing with respect to rates of pay, wages , hours of employment, and other
conditions of employment.
I