Russell-Miller Milling Co.

National Labor Relations Board - Board Decisions

Oct 13, 1939

15 N.L.R.B. 1093 (N.L.R.B. 1939)

In the Mattel of ELECTRIC STEEL ELEVATOR DIVISION OF RUSSELL-MILLER
MILLING Co. and FLOUR, CEREAL, ELEVATOR WORKERS AND CAR-
COOPERS, UNION, LOCAL 19152, AFFILIATED WITH THE A. F. OF L.
Case No. R-1416
STJPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 13, 1939
On August 10, 1939, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in
the above -entitled proceeding.' The Direction of Election provided
that an election by secret ballot be conducted within twenty (20)
days from the date of the Direction among the employees on the
seniority list of Electric Steel Elevator Division of Russell -Miller
Milling Co., excluding the superintendent, assistant superintendent,
shed foreman , inspectors , assistant inspectors , clerical employees, and
those who had permanently quit or . been discharged for cause, to
determine whether they desired to be represented by Flour, Cereal,
Elevator Workers and Car-Coopers Union, Local 19152, affiliated
with the American Federation of Labor, herein called the A. F. of L.,
or by United Grain , Workers, Local No. 492, affiliated with United
Cannery, Agriculture , Packing and Allied Workers of America and
with the Congress of Industrial Organizations , herein called the
C. I. 0., for the purposes of collective bargaining , or by neither.
Pursuant to the Direction of Election , an election by secret ballot
was conducted on August 29, 1939, under the direction and supervision
of the Regional Director for the Eighteenth Region (Minneapolis,
Minnesota ). On August 30, 1939, the Regional Director , acting pur-
suant to Article III, Section 9, of National- Labor Relations Board
Rules and Regulations-Series 2, issued an Election Report, copies of
which were duly served upon the parties.
114 N. L. R. B. 44.6.
15 N. L. R. B., No. 118.
1093
i99549-39-vol. 15--70
1094 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
1. Total Number Eligible------------------------------------ 17
2. Total Number of Ballots Cast----------------------------- 16
3. Total Number of Ballots Counted-------------------------- 14
4. Total Number of Ballots Cast for Flour , Cereal , Elevator
Workers and Car-Coopers Union, Local 19152, Affiliated
With The A. F. Of L.----------------------------------- 8
5. Total Number of Ballots Cast For United Grain Workers
Local No. 492, Affiliated With The United Cannery, Agri-
culture, Packing And Allied Workers of America, And
With The C. I. 0.--------------------------------------- 6
6. Total Number of Ballots Cast For Neither Labor Organ-
ization ------------------------------------------------ 0
7. Total Number of Blank Ballots---------------------------- 1
8. Total Number of Void Ballots---------------------------- 1.
9. Total Number of Challenged Ballots---- ------------------- 0
On September 5, 1939, the C. I. O. filed with the Regional Director
Objections to the Election Report. The Objections alleged in sub-
stance that two persons who intended and desired to vote for the
C. I. O. did not do so because of their inability to understand the
ballot given. On September 12, 1939, the Regional Director issued
his Report on Objections, copies of which were duly served upon the
parties. The Regional Director found, therein, that the Objections
to the Election Report were based solely on the tabulation of the two
ballots counted as void and blank and that the authorized observers of
the A. F. of L. and the -C. I. O. at the election, before the other ballots
were counted, agreed that the two ballots should be so tabulated.
The authorized observers also signed a Certification on Conduct of
Election, certifying that the ballots were fairly and accurately counted
and tabulated, and that the secrecy of the ballots was maintained.
Photostatic copies of the two ballots were attached to the Regional
Director's report. On October 2, 1939, the C. I. O. submitted affi-
davits signed by 10 of .the 17 employees eligible to participate in the
election stating that they desired to be represented by the C. I. O. for
the purposes of collective bargaining.
The Board has considered the Objections, and the Report on Ob-
jections, and the affidavits referred to above, and finds that the
Objections raise no substantial and material issues with respect to
the conduct of the ballot. They 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
RUSSEL-MILLER MILLING Co. 1095
IT Is HEREBY CERTIFIED that Flour, Cereal, Elevator Workers and
Car-Coopers Union, Local 19152, affiliated with the American Federa-
tion of Labor, has been designated and selected by a majority of the
-employees of Electric Steel Elevator Division of Russell-Miller Mill-
ing Co., excluding the superintendent, assistant superintendent, shed
foremen, inspectors, assistant inspectors, and clerical employees, as
their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Flour,
Cereal, Elevator Workers and Car-Coopers Union, Local 19152, affi-
liated with the American Federation of Labor, is the exclusive rep-
resentative 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.