Winter Brothers Co.

In the Matter of WINTER .BROTHERS COMPANY, AND ITS SUBSIDIARY, WRENTHAM PRODUCTS COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. R-5665 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION August 27,1943 On July 26, 1943, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled proceedings.1 Pursuant to the Direction of Election, an election by secret ballot was conducted on August 9, 1943, under the direction and supervision of the Acting Regional Director for the First Region (Boston, Massachusetts). On August 10, 1943, the Acting Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Re- port. No objections to the conduct of the ballot or to the Election Re- port were filed by any of the parties. As to the balloting and its results, the Acting Regional Director reported as follows: Approximate number of eligible voters_____________________ 753 Total ballots cast__________________________________________ 647 Total ballots challenged____________________________________ 2 Total void ballots ----------------------------------------- 2 Total valid votes counted__________________________________ 643 Votes cast for CIO_________________________________________ 275 Votes cast for Industrial Trades Union of America ---------- 231 Votes cast for International Ass'n of Machinists____________ 51 Votes cast for no union____________________________________ 90 Thereafter the Industrial Trades Union of America requested that a run-off election be held since none of the competing labor organiza- tions had received a majority of the votes cast' in the election. The 1 51 N. L. R. B. 711. 52 N. L. R. B., No. 33. 232 WIIT^TER BROTTIERS COMPANY 233 results of the election show that a substantial majority of the em- ployees desire to bargain collectively with the Company. Since we have just promulgated a new rule 2 with respect to the form of the ballot to be used in run-off elections, we shall direct a run-off election here in substantial conformity with such rule. Accordingly, the bal- lot to be used will give the employees of the Companies an opportunity to decide whether they desire to be represented by the Congress of In- dustrial Organizations, or by Industrial Trades Union of America, for the purposes of collecting bargaining. DIRECTION OF RUN-OFF ELECTION 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 Winter Brothers Company, and its subsidiary, Wrentham Products Company, Wren- tham, Massachusetts, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this run-off election, under the direction and supervision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of the said Rules and Regulations, among the em- ployees who are eligible to vote in the election conducted pursuant to the Direction of Election issued on July 26, 1943, and who are em- ployed in an eligible category on the date of the run-off election, but excluding any who have since quit or been discharged for cause, to de- termine whether they desire to be represented by the Congress of In- dustrial Organizations, or by the Industrial Trades Union of America, for the purposes of collective bargaining. CHAIRMAN MILLIs took no part in the consideration of the above Supplemental Decision and Second Direction of Election. 2 By an amendment to its Rules and Regulations, effective August 23, 1943, Article III, Section 11 , of National Labor Relations Board Rules and Regulations-Series 2, as amended, the Board has promulgated a new policy with respect to run-off elections . The new rule states, in part, that the ballot in the run-off election "shall provide for a selection between the two choices that received the largest and second largest number of valid votes cast in the election." In conformance with this rule, no place on the ballot will be accorded to the International Association of Machinists . See Matter of Glenn L Martin Company, 52 N. L. R. B. 183.