Superior Flake Graphite Co.

National Labor Relations Board - Board Decisions

Jul 25, 1941

33 N.L.R.B. 798 (N.L.R.B. 1941)

In the Matter of SUPERIOR FLAKE GRAPHITE Co. and FEDERAL LABOR
UNION No. 22740 AFFILIATED WITH THE A. F. OF L.
Case No. R-2729.-Decided July 25,1941
Practice and Procedure : petition dismissed where results of an election, held
pursuant to a stipulation for certification upon consent election , show that no
representative has been selected by a majority of the employees in the appro-
priate unit.
Mr. Edward Egan, of Chicago, Ill., for the Company.
Mr. Jos. A. Briegel, of Chicago, Ill., for the Union.
Mr. Eugene M. Pwrver, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On June 18, 1941, Federal Labor Union No. 22740, affiliated with
the American Federation of Labor, herein called the Union, filed
with the Regional Director for the Thirteenth Region (Chicago, Illi-
nois) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Superior Flake
Graphite Company, herein called the Company, engaged in the manu-
facture and sale of flake graphite at Chicago, Illinois, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On July 2, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice. On June 28, 1941, the
Company, the Union, and the Regional Director for the Board en-
tered into a "STIPULATION FOR CERTIFICATION UPON A
CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on July 3, 1941, under the direction and supervision of the
Regional Director among all production, maintenance, shipping em-
ployees and clerical employees whose work is performed at the plant
33 N. L. R. B.. No. 143.
798
SUPERIOR FLAKE GRAPHITE CO. 799
at 6616 South Laramie Avenue, Chicago, Illinois, and excluding all
supervisory employees having the power to hire and fire, and all
office and clerical employees whose work is performed at 33 South
Clark Street, Chicago, Illinois, to determine whether or not said
employees desire to be represented by the Union. On July,7, 1941,
the Regional Director issued and duly served upon the parties,his
Election Report on the ballot. No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total number on eligibility list____________________________ 26
Total number of ballots cast------------------------------- 24
Total number of ballots challenged------------------------- 3
Total number of blank ballots------------------------------ None
Total number of void ballots------------------------------- None
Total number of ballots cast for Federal Labor Union Number
22740, affiliated with the A. F of L----------------------- 7
Total number of ballots cast against Federal Labor Union
Number 22740 , affiliated with the A. F . of L--------------- 14
The results of the election show that no representative has been
selected by a majority of the employees in the appropriate unit. The
petition of Federal Labor Union No. 22740, affiliated with the A. F.
of L., for investigation and certification of representatives of em-
ployees of Superior Flake Graphite Company, Chicago, Illinois, will
therefore be dismissed.
Upon the basis of the Stipulation, the Election Report, and the
entire record of the case, the Board makes the following :
FINDINGS OF FAOr
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Superior Flake Graphite Company, Chi-
cago, Illinois, within the meaning of Section 9 (c) and'Section 2
(6) and (7) of the National Labor Relations Act.
2. All production, maintenance , shipping employees and clerical
employees whose work is performed at the plant at 6616 South
Laramie Avenue, Chicago, Illinois, and excluding all supervisory em-
ployees having the power to hire and fire, and all office and clerical
employees whose work is performed at 33 South Clark Street, Chi-
cago, Illinois„ constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
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, of Na-
800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY ORDERED that a petition for investigation and certifica-
tion of representatives of employees of Superior Flake Graphite
Company, Chicago, Illinois, filed by Federal Labor Union No. 22740,
affiliated with the A. F. of L., be, and it hereby is, dismissed.