Electro-Chemicals, Inc.

National Labor Relations Board - Board Decisions

Jan 7, 1943

46 N.L.R.B. 859 (N.L.R.B. 1943)

In the Matter of ELECTRO-CHEMICALS, INC. and WAREHOUSE &
DISTRIBUTION `VORKERS'UNION, LOCAL 26, I. L. W. U.-C. I. O.
Case No. B-4443
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
January 7, 1943
On November 21, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed-
ing.' Pursuant to the Direction of Election, an election by secret
ballot was conducted on December 11, 1942, under the direction and
supervision of the Regional Director for the Twenty-first Region
(Los Angeles, California). On December 14, 1942, the Regional
Director, acting pursuant 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:
Total number eligible______________________________________ 12
Total ballots cast__________________________________________ 10
Total ballots challenged____________________________________ 0
Total blank ballots________________________________________ 0
Total void ballots------------------------------------------- 0
Total valid votes counted___________________________________ 10
Votes cast for Warehouse & Distribution Workers' Union, Lo-
cal 26, ILWU-CIO---------------------------------------- 10
Votes cast against Warehouse & Distribution Workers' Union,
Local 26, ILWU-CIO-------------------------------------- 0
On December 16, 1942, Electro-Chemicals, Inc., herein called the
Company, filed objections to the Election Report. On December 22,
1942, the Regional Director issued and duly served upon the parties
a, Report on Objections, finding that the objections raised no substan-
tial or material issue with respect to the conduct of the election or
the Election Report.
3 45 N L R B 724.
46 N. L. R. B, No. 94
859
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company protested that it did not have a representative pres-
ent during the balloting and that{ "the only ballots cast were those
belonging to the Union, whereas there' are a number of additional
men who apparently did not understand the proposition." The
Regional Director reported that- the Company refused to participate
in a conference called for the purpose of arranging the election;
refused to furnish a pay roll; and although it had been duly notified
that.it would be permitted to have an observer at the polls, failed
to, avail itself of that opportunity. The Regional Director further
reported that notices of election were widely distributed among the
employees, and were posted in various places about the Company's
premises in advance of the election. There is no showing that more
than 12 employees were eligible to vote. We find no merit in the
objections of the Company, since it had adequate opportunity to have
an observer at the polls, and since' ample notice of the election was
given to the employees and a substantial majority of these eligible
voted. Accordingly, the objections are hereby overruled.
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 Warehouse & Distrjbution Workers'
Union, Local 26, I. L. W. U.-C. I' 0., affiliated with the Congress
of Industrial Organizations, has been designated and selected by a
majority of all shift bosses, production operators, and ordinary main-
tenance men 'employed by Electro-Chemicals, Inc., Los Angeles,
California, excluding foremen, truck drivers, and office, construction
and plant maintenance employees, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9
(a) of the National Labor Relations Act, Warehouse & Distribution
Workers' Union, Local 26, I. L. W. U.-C. I. 0., affiliated with the
Congress of Industrial Organizations, 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.