Glen Alden Coal Co.

In the Matter of GLEN ALDEN COAL COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS , A. F. L. , Case No. R-4401.-Decided March, 18, 1943 SECOND SUPPLEMENTAL DECISION AND ORDER J On January 8, 1943,-the National Labor Relations Board issued a Supplemental Decision and Second Direction of Election in, this proceeding,' 'directing that. a run-off election be held among repair shop employees at the Exeter Shop of Glen Alden Coal Company, West Pittston, Pennsylvania, to determine whether they desired to be represented by International Association of Machinists, A. F. L., herein called the I. A. M., or by United Mine Workers, District No. 1, herein called the U. Al. W., for the purposes of collective bargaining. ,Pursuant to the Second Direction of Election, a run-off election was conducted on January 22, 1943, under the direction and supervision of the Acting Regional Director for the Fourth Region (Philadel- phia, Pennsylvania). On January 25, '1943, the Acting Regional Director, acting pursuant to Article II, Section 10, of the National Labor Relations Board Rules and Regulations-Series 2, as amended. issued and duly served upon the parties an Election Report. As to the results of the balloting in the run-off election, the Acting Regional Director reported as follows : Total on eligibility list______________________________ _ 197 Total ballots cast___________________________________________ 187 Total ballots challenged_____________________________________ 0 Total blank ballots__________________________________________ 0 Total void ballots___ _______________________________________ 103 Total valid votes counted____________________________________ 84 Votes cast for United Mine Workers, District No. 1____________ '3 Votes cast for International, Association of Machinists , A. F. L_ 81 On or about February 1, 1943, the Company filed Objections to the Election Report, asserting that the Acting Regional Director's finding that 103 ballots cast were void was erroneous and excepting to his The Board also at the same time certified International Moulders & Foundry Workers Union, Local 133, A. F. L., as the exclusive representative of the foundry employees at the Exeter Shop of the Company. 48 N. L. R. B., No. 35. 270 GLEN ALDEN COAL COMPANY . -271 recommendation that,-the Board certify the I. A. M: as the exclusive representative. The Company also objected on the ground that it had 'a,,prior contract with the U: M. W. which designated the U. M. W. as the exclusive representative of all the employees of the Company in the anthracite industry.2 On February 4, 1943, the Regional Director issued and duly served on the parties a Report on Objections, recom- mending that the objections be dismissed as raising no substantial or material issues with respect to the conduct of the ballot. The Company contends that since 102 of the -103 ballots declared void were marked in such manner as to indicate clearly the desire of the voters not to be represented by either, union, the I. A. M. did not receive a majority of the votes cast. The Company alleged that be- cause these ballots "were cast in conformity with the official notice of election posted by the National Labor Relations Board, or in con- formity with its instructions," the Acting Regional Director's finding that the ballots were void was "arbitrary and not in conformity with the notice." The Regional Director reported that 102 of the "voidd" ballots were marked as follows 72 marked "neither," 16 "no union," 13 "none," 1 "no," and 1 "0" in 1 box and "X" in the other. He found that in the case of each' of the "void" ballots the voter had failed to observe the instruction on the sample and official ballot, which con- tained voting squares only for the I. A. M. and the U. M. W., to "mark an X in one square only," and that there was nothing in the official notice or in any "instructions" to support the Company's contention that the "void" ballots "were cast in conformity" with the notice or, any instructions. He accordingly affirmed the findings in the Election Report that the I. A. M. had received a majority'of the valid votes cast and recommended' that the Board certify the I. A. M. as the exclusive representative. It has been our consistent practice to direct run-off elections, if requested, in situations where the number of votes against representa- tion has been less than a' plurality and'the combined votes cast for the labor organizations constitute a majority, since we have construed the combined vote as expressive of a'desire for, representation on the part of a majority participating in the election. Thus, in directing a run- off election in this case we inferred, on the basis of the results of the first election,3 that "a majority of the repair shop employees desire to bargain collectively with the Company." Where we direct run-off elections, we do not provide, an opportunity for employees again to register •a vote against representation, inasmuch as the majority have 'For reasons indicated in our Decision and Supplemental Decision, we find no merit in the objection based upon the U M. W. contract. 3 In the first election, the 188 valid ballots were distributed as follows : 94 for , the I. A. M., 4 for the U. M W., and 90 for "neither." i 272' DECISIONS OF ' NATIONAL LABOR RELATIONS BOARD expressed a 'desire-for representation 'and the voters "opposed to ;any of the unions on the ballot have failed to poll a plurality. While we agree with the Regional Director's finding that the 102 ballots in question were technically void because they were marked in a manner obviously not in conformity with 'the instructions in the notice of election and on the official ballot, we are nevertheless con- strained to regard them as expressive of the desires of the voters and therefore evidence rebutting'the' presumption on' which, the run-off rule'rests. Since the ballot did not provide a space for registering a vote against either organization, the voters resorted to -the only method available for expressing "their choice.4 That choice is clear : they do not desire to be represented by either the I. A. M. or -the U.-M. W. The inference we drew from the results of the first election, namely that a majority desired representation for collective bargaining purposes 'by one of the organizations, is therefore overcome, as a majority have indicated a contrary desire. Accordingly, we find that a majority participating in the run-off election do not desire representation by either 'the I. A. M. or the U. M: W.` The petition will therefore be dismissed. ORDER - Upon the basis of the foregoing findings of fact and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification- of representatives of employees of Glen Alden Coal' Company, West- Pittston, Pennsyl- vania, filed by International Association of Machinists, A. F. L., be, and it hereby is, dismissed. MR. JOHN M. HOUSTON took no part in the consideration of the above 'Second Supplemental Decision and Order. ' Cf. Matter of General Electric Company and Pattern Makers League of North America, A. F. L., 29 N. L. R. B. 162, ' where 'the Board, in determining the unit appropriate for purposes of collective bargaining , gave ' weight to the desires of employees in a craft group as expressed by the fact that in a prior consent election employees had written in on -their ballots the name of a craft union not listed on the ballot. - 1