Republic Steel Corp.

National Labor Relations Board - Board Decisions

Jan 6, 1942

38 N.L.R.B. 43 (N.L.R.B. 1942)

In the Matter of REPuBLIc STEEL CORPORATION and RAIMVND #121 &
SPAULDING # 556, INTERNATIONAL UNION OF MINE , MILL & SMELTER
WORKERS
Case No. 8-3196
SUPPLEMENTAL DECISION
ORDER VACATING DIRECTION OF ELECTION
AND
CERTIFICATION OF REPRESENTATIVES -
January 6,1944'
On November 29, 1941, the Board issued a Decision and Direction
of ,Election in the above-entitled proceeding.' Subsequently, on
December 8, 1941, Alabama Ore Conditioning Workers, Inc., one of
the parties to the proceeding, notified the Regional Director in writing
that it had no further interest in the proceeding, and did not desire
to appear on the ballot. On December 18, 1941, the Company,
Raimund #121 & Spaulding #556, International Union of Mine, Mill
& Smelter Workers, affiliated with the Congress of Industrial Organ-
izations , herein jointly called the Union, and the Regional Director
of the Board entered into a "STIPULATION FOR CERTIFICATION OF REPRE-
SENTATIVES UPON PAY ROLL CHECK."
The stipulation stated that on or about December 11, 1941, repre-
sentatives of the Union and representatives of the Company agreed
that the question concerning representation in this proceeding could
best be decided by the conduct of a pay-roll check, and that an exam-
ination of the pay-roll records of the Company, made under the
supervision of the Regional Director on December, 11, 1941, showed that
there were 841 employees in the unit found to be appropriate in the
Board's Decision and Direction of Election, and that of these 841
employees, 705 had authorized the Union to represent them for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment. Both the
Company and the Union expressly waived their rights to an election
and agreed that the election as directed by the Board's Decision
137 N . L. R. B. 173.
38 N. L. R. B., No. 11.
43
44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Direction of Election , dated November 29, 1941, need not be held.
The parties further agreed that on the basis of the stipulation and
the pay-roll check , the Board may issue an order amending or modify-
ing its Decision and Direction of Election and may issue its Decision
and Certification of Representatives certifying the Union as the exclu-
sive representative of all employees in the appropriate unit for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment , and other conditions of employment.
In view of the stipulation , we shall vacate our Direction of Election
and, upon the basis of the pay-roll check described in the stipulation,
will certify the Union as the exclusive bargaining representative of the
employees in the appropriate unit.
ORDER
IT Is HERESY ORDERED that the Direction of Election in the above-
entitled proceeding, dated November 29, 1941, be, and it hereby is,
vacated.
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 Raimund #121 & Spaulding #556,
International Union of Mine, Mill & Smelter Workers, affiliated with
the Congress of Industrial Organizations, has been designated and
.selected by a majority of all employees of the Raimund and Spaulding
mines and of the Spaulding ore concentration mill of Republic Steel
Corporation, Cleveland, Ohio, excluding supervisory and clerical
employees, as their representative for the purposes of collective bar-
gaining, and pursuant to the provisions of Section 9 (a) of the Act,
Raimund #121 & Spaulding #556, International Union of Mine, Mill
& Smelter Workers, affiliated with the Congress of Industrial Organi-
zations, 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.