U. S. Vanadium Corp.

National Labor Relations Board - Board Decisions

Oct 2, 1942

44 N.L.R.B. 746 (N.L.R.B. 1942)

In the Matter of U. S. VANADIUM CORPORATION and I . U: No. 210
of 1. W. W.
In the Matter of U. S. VANADIUM CORPORATION and INTERNATIONAL
UNION OF OPERATING ENGINEERS , LOCAL 12, AFL
Cases Nos. R-3639 and R-3919, respectively
SUPPLEMENTAL DECISION
AND .,
SECOND DIRECTION OF ELECTION
October 0, 194?
On August 20, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-titled proceedings,' directing that separate elections by secret
ballot be conducted among those employees of U. S. Vanadium Cor-
poration, Inyo County, California, herein called the Company, who
fall within the groups described below :
Group A : Operators in the upper and lower mills and the lower
crusher; operators, welders, welders' helpers, repairmen, and oilers
on the tram; welders, mechanics, machinists, pipefitters, and oilers at
the mill ; and heavy duty operators and mechanics, repairmen, and
oilers on heavy duty equipment, to determine whether they desired
to be represented by Industrial Union No. 210 of I. W. W., herein
called the I. W. W., or by International Union of Operating Engi-
neers,Local 12, AFL, herein called the A. - F. of L., for the purposes
of collective bargaining, or by neither; and
Group B : All employees except those in Group A, above, and
executives, technical workers, clerical workers, foremen and shift
bosses, guards, caretakers, and truck drivers and helpers in interstate
commerce, to determine whether or not they desired to be represented
by the I. W. W. for the purposes of collective bargaining.
The Board provided that, if a majority of the employees in Group
A should select the A. F. of L. as their representative, that group
143 N. L R. B. 418
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746 1
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' U. S. VANADIUM CORPORATION 747
would constitute a separate and distinct bargaining unit; if a' major-
ity of them should choose the I. W. W. and a majority of the other
group should also express their desire to be represented by the
J. W.- W., then the two groups together would constitute a' single
unit.
Pursuant to the Direction of Elections, elections by secret ballot
were conducted on September 4, 1942, under the direction and supervi-
sion of the Regional Director, for the Twentieth Region. On Septem-
ber 8, 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 - an
-Elections Report.
No objections to the conduct of the-ballot or to the Elections Report
have been filed by any of the parties.
As to the balloting and,its results, the Regional Director• reported
as follows :
Group A
Total number eligible to vote_________________________________ S9
Number of votes for Metal Mine Workers Industrial Union
No. 210 of I. W. W------------------------------------ 35
Number of, votes for International Union of Operating En-
gineers, Local No. 12, A. F. L____________________________ 41'•
Number of votes for neither___ _____________________________ 6'
Total number of votes counted___________________________ ' 82.1
' Number . of blank ballots___________________________________ 0
Number of void ballots_______________________________
Number, of challenged ballpts______________________________
Group B
Total number eligible to vote____________________________ 285
Number of votes for Metal Mine Workers Industrial Union,
Local No. 210, I. W. W---------------------------------- 153
Number of votes against Metal Mine Workers Industrial
Union, Local No. 210, I. W. W__________________________ 32
Total number of votes counted_____________________________ 185
Number of blank ballots__________________________________ 0
Number of void ballots -------- ----------------------- ,.-_.__ 0
Number of 'challenged ballots------- 16-
Since the parties agree that the 2 challenges in Group, A were
valid challenges, and since the 16 challenged, ballots in Group B
cannot affect the result of •the election, the challenged•;ballots were
not counted. ,
Although the results of the election among employees in Group
A ,show that neither of the competing labor organizations received
a majority of the valid votes cast, the majority of the eligible
employees voting have indicated a desire to bargain collectively
748 "'DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
with the. Company. On September 10, 1942, the. I. W. W., filed
-with) the Board ,-a petition- requesting that it .be accorded a place-. on
the, ballot in,-, any. run-off election -to be conducted among the em_
ploye'es.in:said-group.:--On-September 15,=1942,-the A. SF: of L. filed-
a letter in answer to the petition of the I. W. W., requesting that
.said petition•,be•denied. We'have considered the objections of the
A. F. of L. and we hereby overrule them. Accordingly, we shall
direct a' run-off election in which the eligible employees will be
given an opportunity, to decide whether they desire to be represented
by the I. W. W. or by the A. F. of L. for the purposes of collective
bargaining.
With respect to the election among the employees in Group B,
we find that the majority of employees concerned have selected the
I. W. W. as their exclusive bargaining agent. Pursuant to our De-
cision and Direction of Elections, holding that our determination
of the appropriate unit would depend upon the results of the elec-
tion,;we shall defer such determination until the results, of the, run-
off election are ascertained. -
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 Re-
lations Act, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIUEc'ri that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with U. S. Vanadium
Corporation, Inyo County, California, an election by secret ballot
shall be conducted as early as possible but not later than thirty (30)
days-from the date of this Direction, under the direction and super-
vision of the Regional Director ' for the Twentieth 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 employees of the Company in' Group A described in the
direction of Elections issued August 20, -1942, subject to the addi-
tions and limitations set forth in said Direction, but excluding
employees who have since quit or been discharged for cause, to de-
termine whether they desire to be represented for the purposes of
collective bargaining by Industrial Union No. 210 of I. W. W. or by
International Union of Operating Engineers, Local 12, A. F. L.