49 N.L.R.B. 1045 (N.L.R.B. 1943)

Westvaco Chlorine Products Corp.

National Labor Relations Board - Board DecisionsMay 21, 1943

49 N.L.R.B. 1045 (N.L.R.B. 1943)

In the Matter OF `WESTVACO CHLORINE PRODUCTS CORPORATION AND MAGNESOL CORPORATION and DISTRICT 50, UNITED MINE WORKERS OF AMERICA In the Matter OF WESTVACO CHLORINE PRODUCTS CORPORATION AND; MAGNESOL CORPORATION and ASSOCIATION OF CHEMICAL EMPLOYEES, SOUTH CHARLESTON , WEST VIRGINIA, PLANT OF WESTVACO CHLORINE PRODUCTS CORPORATION Cases Nos. R-5O. 9 and R-5030, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES May 21,19443 On March 31, 1943, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding." Pursuant to the Direction of Election, an election by secret ballot was conducted on April 14, 1943, under the direction and supervision of the Regional Director for the Ninth Region (Cincinnati, Ohio). On April 30, 1943, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued and duly served upon the parties an Election Report. As to the balloting and its results, the Election Report, as corrected by the Report on Objections, shows as follows : Approximate number of eligible voters ------------ military secret 2 Total ballots cast--------------------------------------- 100.0% Total ballots challenged--------------------------------- .7% Votes cast for District 50, United Mine Workers of America_ 51. 2% Votes cast for Association of Chemical Employees, South Charleston, W. Va., Plant of Westvaco Chlorine Products Corporation -------------------------=--------------- 42.8% Votes cast for Neither___________________________________ 5 3% 148 N L R. B., No. 105 2 The results were reported in percentage form for reasons of military secrecy. However, the parties and their authorized observers had knowledge of the number of employees eligible and the number of votes cast and their distribution , and the numerical tabulation has been considered by the Board 49 N. L. R. B., No. 149. ti 1045, 1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Thereafter the Association of Chemical Employees, South Charles- ton, West Virginia, Plant of Westvaco Chlorine Products Corporation, herein called the Independent, and Westvaco Chlorine Products Cor- poration and Magnesol Corporation, herein together referred to as the Company, filed Objections to the Eelection Report. The Independent contends that (1) the Election Report fails to show the rulings of the Regional Director on the challenged ballots; (2) counsel for the Independent was barred from observing the tab- ulation of the ballots; (3) no opportunity was given for voters in the armed forces to vote other than'by being present at the polls; and (4) the majority received by District 50, United Mine Workers of America is slight, and does not constitute a majority of all eligible voters. The contentions of the, Company are similar to those of the Inde- pendent insofar as they concern the omission of rulings on the chal- lenged ballots and the fact that not all but only a certain proportion of eligible voters participated in the election. The Company also alleges that a discrepancy exists between the number of ballots cast and the number of names checked on the pay-roll list as having voted. We -have considered the objections and find that they raise no sub- stantial and material issue with-respect to the election. In the present case rulings on the challenged ballots could not change the result of the election, and it is therefore unnecessary to count them. It appears that all persons other than challengers and checkers, and the Board's agents, were excluded from observing the count, in view of the con- fidential information relating to defense which might be therein in- volved. Inasmuch as duly selected representatives of each of the interested parties witnessed and assisted in the count, it is plain that no party was prejudiced. The opportunity which was given military voters to cast their ballots in this election was in the same manner as that which has previously been found by the Board to be expedient 3 No sufficient reason has been indicated herein for departing from the Board's established practice in that regard. District 50, United Mine Workers of America, received a majority of votes cast in the election, and the numerical tabulation shows that about 90 percent of the eligible voters participated. The Board has consistently construed the term "majority" to mean a majority of the eligible employees par- ticipating in the election, and the Board has certified the labor organi- zation which received such a majority.4 While there was a slight dis- 3 See Matter of Wilson & Co , Inc. and Packinghouse Workers Organizing Committee, Local No. 20, affiliated with the C. I. 0., 37 N L. R. B. 944; Matter of Edwin L. Wiegand Company and United Electrical , Radio & Machine Workeis of America, affiliated with the C. 1. 0., 44 N. L. R. B. 315. 4 See Matter of The Western Foundry Company ( Holland, Michigan ) and International Union, United Automobile , An craft & Agricultural Implement Workers of America, C. 1. 0., 42 N. L. R . B. 302 ; Matter of R C. A. Manufacturing Company , Inc and United Electrical & Radio Workers of America, 2 N. L. R B. 159, 173-4. WESTVACO CHLORINE PRODUCT'S CORPORATION 1047 crepancy in the tabulation of the "neither" vote, this'error was cor- rected in the Report on Objections and it is plain, as the Regional Director found, that the error was purely clerical in noture and could not affect the results. The objections of the Company and the Independent are therefore 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 IrF EnY CERTIFIED that District 50, United Mine Workers of America, has been designated, and selected by a majority of all hourly paid employees of Westvaco Chlorine Products Corporation and Mag- nesol Corporation at their South Charleston, West Virginia, plants, including firemen and oilers, but excluding guards and all salaried personnel, that is, office and clerical employees, supervisors, foremen, laboratory technicians, and those who have the right to hire and dis- charge, as their representative for the purposes of collective bargain- ing, and that, pursuant to Section 9 (a) of the National Labor Rela- tions Act, District 50, United Mine Workers of America, is the exclusive 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.