Tennessee-Schuylkill Corp.

National Labor Relations Board - Board Decisions

Feb 18, 1943

47 N.L.R.B. 735 (N.L.R.B. 1943)

In the Matter of TENNESSEE-SCHUYLKILL CORP. and UNITED MINE
WORKERS, DIsnuo'r 50
Case No: R--4699
SUPPLEMENTAL DECISION
, AND
CERTIFICATION OF REPRESENTATIVES
February 18, 1943
On January 9, 1943, the National Labor Relations Board issued its
Decision and Direction of Election in. the above -entitled proceeding.,,
Pursuant to the Direction of Election , an election by secret ballot was
conducted on January - 30, 1943, under the direction and supervision
of the Regional Director for the Twenty-first Region (Los Angeles,
California ). On January 30, 1943, the Regional Director , acting pur-
suant to Article III, Section 10, of National Labor Relations Board
Rules and Regulations-Series 2, as amended , issued and duly, served
upon the parties an Election Report.
As to the balloting and its ' results, the Regional Director reported
as follows :
Approximate number of eligible voters------------------------ 102
Total ballots cast------------------------------------------- 73
Total ballots challenged------------------------------------- 2
Total void.ballots------------------------------------------- 0
Total valid votes counted_______________________------------------------ ------------- 71
Votes cast for United Mine Workers, District 50--------------- 69
Votes cast against United Mine Workers, District 50 ------------ 2
Thereafter, Tennessee-Schuylkill Corp., herein called the Company,
filed objections to the conduct of the ballot. The Company's objec-
tions set forth. in substance that United Mine Workers, District 50,
herein called the Union, improperly influenced the employees to vote
in favor of the Union by,publishing certain alleged false and defam-
atory articles concerning the Company in an official publication of
said Union, by causing copies of said publication to, be distributed
among the employees of the Company several days before the election,
and by- making certain alleged false statements to employees prior.
146 N. L R. B 923
47 N. L. R B . No 96.
735
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the election, concerning pay increases which would ensue and which
the "government" would enforce. if the election should result in favor
of the Union.
On February 5, 1943, the Regional Director, acting pursuant to
Article III, Section 10, of National Labor Relations Board Rules and
Regulations-Series 2, as amended; issued a -Report on Objections in
which he found that the matters complained of in each of the objections
raised no substantial or material issue regarding the conduct of the
election.
We have considered the objections and' the Report on,Objections.
The pleading of the Company does not allege any irregularity in the
polling, but relates solely to statements alleged to have been made and
published by the Union prior to the date of the election. Even if the
statements and articles to which the objections are addressed were
made and published as alleged, we cannot perceive how their effect
might have been such as to coerce the employees or force them to act
under duress in casting their ballots. If any defamatory statements
were made and the Company was damaged thereby, it has its'remedy
elsewhere; but it cannot complain that it has been adversely' affected
because a bargaining representative has been elected by its employees.
We concur in the conclusion of the Regional Director that the Com-
pany's objections are neither related to nor raise any substantial or
material issue regarding' the conduct of the ballot, and accordingly
hereby overrule said objections.
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, and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY CERTIFIED that United' Mine Workers, District 50, has
been designated and selected by a majority of all production, main-
tenance, and construction 'employees of Tennessee-Schuylkill Corp.,
Chloride, Arizona, excluding clerical employees and supervisory em-
ployees with the right to hire and discharge, as their representative
for the purposes of collective bargaining, and that; pursuant to Sec-
tion 9'(a) of the Act, United Mine Workers, District 50, is the exclusive
bargaining representative of all such employees for the purposes of
collective bargaining, in respect to rates of pay, 'wages, hours, of
employment, and other conditions of employment.
Mn. WM. M. LEISERSON took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.