Glenn L. Martin Co.

In the Matter of GLENN L. MARTIN COMPANY aid INTERNATIONAL ' UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE- MENT WORKERS OF AMERICA, UAW-CIO Case No. R-5445 SUPPLEMENTAL DECISION AND DIRECTION OF RUN-OFF ELECTION August 25, 191.3 On June 11, 1943, the National Labor Relations Board issued a De- cision and Direction of Election 1 and on July 2, 1943, an Amendment to Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on July 16, 1943, under the direction and supervision of the Director of Field Division. On August 6, 1943, the Director of Field Division issued and duly served upon the parties a Report on Ordered Election. As to the balloting and its results, the Director reported as follows : Percentage of eligibles casting ballots______________________ 814 Percentage of eligibles casting valid votes_________________ 78.5 Percentage of valid votes cast for U. A. W -Local 738 C. I. O__ 40.44 Aircraft Lodge 1719 I. A M_______________________________ 11.13 Middle River Aeronautical Employees Association ----------- .9 None ---------------------------------------------------- 42 33 The Director reported that the challenged ballots constituted 5.15 per- cent of the valid votes cast and consequently might affect the results of the election. On August 11, 1943, Internati9nal Union, United Automobile, Air- craft and Agricultural. Implement Workers of America, Local ;738, herein called the UAW-CIO, filed a statement requesting that a run- off election be conducted and, if no run-off election were directed, per- mission to file objections to the conduct of the election on the alleged ground of interference therewith by the Company. On August 14 and 19, respectively, Middle River Aeronautical Employees Associa- i ON L R B 412. 52 N L R. B, No 27. 183 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion, Inc., herein called the Association, and the Company filed state- ments with the Board. The Association requested that no run-off election be held unless the positions of the parties were changed in the event the Board followed the Director's recommendations as to the disposition of the challenged ballots. The Company made a like request, but in addition suggested that a run-off election would serve no useful purpose; it also opposed the request of the UAW-CIO for leave to file objections in the event a run-off election were not directed, asserting that it had not interfered with the conduct of the, election. None of the parties objected to the Director's recommendations re- specting the disposition of the challenged ballots. By an amendment to its Rules and Regulations, effective August 23, 1943, the Board has promulgated a new policy with respect to run-off elections. We find that the purposes and policies of the Act will be effectuated by applying the new policy, insofar as practicable, to the present case. Under the new policy, a run-off election will be held "when the results in the election are inconclusive because no choice on the ballot in the election received a majority of the valid ballots cast." As indicated above, no choice would receive a majority even if all the challenged ballots were assumed to be valid. The new policy further provides that the ballot in the run-off election "shall provide for a selection between the two choices that received the largest and the second largest number of valid votes cast in the election" and that "no representative shall be accorded a place on the run-off ballot unless that representative received at least twenty percent of the valid votes cast in the election." Assuming the validity of all the challenged ballots, either the UAW-CIO or "none" would have the largest number of votes, but less than a majority, and the votes cast for Aircraft Lodge 1719, I. A. M. or for the Association, would be less than 20 percent of the total valid ballots cast. We shall, therefore, direct a run-off election in which the employees in the appropriate unit will have the opportunity to decide whether or not they desire to be represented by the UAW-CIO. We have considered the Director's recommendations with respect to tie challenged ballots, to which none of the parties objected, and agree with his recommendations. The Director recommended that the Board determine the eligibility of the group of working super- visors challenged. Since at least one of the parties contends that the challenged working supervisors were eligible to vote, and in the interest of expediting the holding of the run-off election, we shall reserve determination of the eligibility of the working supervisors until after the run-off election. They may participate in the run-off election, subject to challenge, and their ballots will be segregated. GLENN L. MARTILN COMPANY DIRECTION OF RUN-OFF ELECTION 185 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, 10, and 11, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Glenn L. Martin Company, Middle River, Maryland, a run-off election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervi- sion of the Director of Field Division, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees of the Company who were eligible to vote in the election conducted July 16, 1943, and who are employed in an eligible category on the date of the run-off election, but excluding those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the UAW-CIO for the purposes of collective bar- gaining. CHAIRMAN MILLIS took no part in the consideration of the above Supplemental Decision and Direction of Run-Off Election.