Minnesota Mining & Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 1, 1946

65 N.L.R.B. 773 (N.L.R.B. 1946)

In the Matter of MINNESOTA MINING & MANUIl ACTURING COMPANY and
MINNESOTA MINING EMPLOYEES INDErENDENT UNION
Case No. 18-R-979
FOURTH SUPPLEMENTAL DECISION
AND
ORDER SETTING ASIDE, AMENDED CERTIFICATION
OF REPRESENTATIVES
February 1, 19416
On July 20 , 1944, the National Labor Relations Board issued a
Decision , Direction of Election , and Order 1 in the above -entitled pro-
ceeding; on April 23, 1945, a Supplemental Decision , Order Setting
Aside Election , and Direction of Second Run-Off Election ; 2 and on
June 2, 1945 , a Second Supplemental Decision and Certification of
Representatives , in which the Board certified Minnesota Mining Em-
ployees Independent Union, herein called the Independent, as the
exclusive bargaining representative of employees of Minnesota Min-
ing & Manufacturing Company, St. Paul, Mumesota, herein called
the Company, in a unit previously found appropriate for bargaining.
The appropriate unit covered production and maintenance employees
at the Company's St. Paul plant, including all journeymen electricians
and helpers doing electrical maintenance and electrical construction
work within the confines of the plant property.
On October 22, 1945, International Brotherhood of Electrical
Workers, Local No. 110, A. F. L., herein called the I. B. E. W., filed a
motion in this proceeding , requesting that the Board amend the cer-
tification noted above, by expressly excluding from the bargaining
unit covered therein the electricians above described . In support of
its motion, the I. B. E. W. exhibited letters purporting to indicate the
consent of the Company and the Independent, respectively, to the
granting of the motion. Upon this showing, the Board, on November
7, 1945, issued a Third Supplemental Decision and Amended Certifi-
cation of Representatives ,8 amending the unit covered by the certifica-
' 57 N L R B 495
2 61 N L R B 697
' 64 N L R B 748
65 N. L . R. B. No 123.
773
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion issued on June 2, 1945 , by excluding these electricians from the
unit described in the certification.
On November 16, 1945, Independent Employees Federation, claiming
to be the Independent by change of name and denying the consent of
the certified bargaining representative of the Company 's employees to
the amendment of the unit noted above ; requested that the Board
rescind its action of November 7, 1945.
Under these circumstances , the Board , having duly considered the
matter, issued on November 30, 1945, and duly served upon the parties,
an order to show cause why the Board should not rescind its action
taken on November 7, 1945, and set aside and declare void the Amended
Certification of Representatives . On December 10, 1945, the I. B. E.
W. filed objections to the proposed action, questioning the identity of
Independent Employees Federation and urging that a hearing be held
to resolve the issues thus raised.
Our Amended Certification of Representatives of November 7, 1945,
was issued upon the assumption that all parties claiming an interest in
the employees concerned consented to the action so taken. Since it is
evident that this assumption is incorrect , we will rescind our Amended
Certification of Representatives and resolve any question which may
exist concerning the representation of the Company 's employees upon
the filing of a petition for investigation and, certification of representa-
tives when the same may be properly pending before us.
ORDER
The National Labor Relations Board hereby vacates and declares
void the Amended Certification of Representatives issued in this pro-
ceeding on November 7, 1945.