The Prudential Insurance Co. of America

In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, CANTON, OHIO DISTRICT and AMERICAN FEDERATION OF INDUSTRIAL & ORDINARY INSURANCE AGENTS' UNION No. 23209, CANTON, OHIO (AFL) In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF, AMERICA, AKRON, OHIO DIsmwrs and AMERICAN FEDERATION OF INDUSTRIAL & ORDINARY INSURANCE AGENTS' UNION No. 23225, AKRON, OHIO, AFL In the Matter of PRUDENTIAL INSURANCE COMPANY OF AMERICA and UNITED OFFICE AND PROFESSIONAL WORKERS OF AMERICA, C. I. O., INSURANCE DIVISION In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY INSURANCE AGENTS' UNION (AFL) In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA and INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, LOCAL No. 38, In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA and INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, LOCAL No. 50 In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA 'and INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, LOCAL No. 48 In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA and INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, LOCAL No. 43 In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA, NEWARK, NEW JERSEY and AMERICAN FEDERATION OF INDUSTRIAL & ORDINARY INSURANCE AGENTS' UNION #23388 OF MANSFIELD, OHIO Cases Nos. R-5256 to R-5264 inclusive, respectively SUPPLEMENTAL, DECISION AND DIRECTION OF RUN-OFF ELECTION August 7, 1943 On June 17,1943, the National Labor Relations Board issued its De-. cision and Direction of Election in the above-entitled proceeding.' 150 N. L. R. B. 689. 52 N. L. R. B., No. 34. 234 THE PRUDENTIAL WSURANICU iCOT4PANY OF AMERLGA 235 On July 14, 1943, pursuant to a stipulation of the parties, the Board issued an amendment to the said Decision and Direction of Election. Pursuant to said Decision and Direction of Election as amended, an election by secret ballot was conducted on July 29, 1943, under the direc- tion and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). On July 31, 1943, the Regional Director, acting pursuant to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties a Report on Ordered Election. No objections to the conduct of the ballot or to the Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Approximate number of eligible voters______________________ 1,057 Total ballots cast_________________________________________ 939 Total ballots challenged____________________________________ 4 Total void ballots_________________________________________ 2 Total valid votes counted --------------------------------- _- 933 Votes cast for American Federation of Industrial and Or- dinary Insurance Agents' Council (AFL) ---------------- 281 Votes cast for International Union of Life Insurance Agents__ 373 Votes cast for United Office & Professional Workers of America, Insurance Divison (CIO) ----------------------- 212 Votes cast for none________________________________________ 67 The Regional Director made no ruling with respect to the challenged ballots. Since the number of challenged ballots cannot affect the re- sults of the election, we find it unnecessary to make any determination as to them. American Federation of Industrial and Ordinary Insurance Agents' Council (AFL), herein called the AFL, International Union of Life Insurance Agents, herein called the Independent, and United Office & Professional Workers of America, Insurance Division, affiliated with the Congress of Industrial Organizations, herein called the CIO; have each requested a run-off election. Although none of the labor organiza- tions received a majority of the votes cast, the results of the election show that a substantial majority of the employees eligible to vote desire to bargain collectively with the Company. Accordingly, in con-form- ance with our recently adopted Rules and Regulations regarding run- off elections, we shall direct a run-off election in which the employees in the appropriate unit will have the opportunity to decide whether they desire to be represented by the AFL or by the Independent.2 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 pohcy 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 the second largest number of valid votes cast in the election , except as provided in this subsection ." None of the exceptions is applicable to the instant situation. Accordingly, no place on the ballot will be accorded to the CIO. See Matter of Glenn L. Martin Company, 52 N. L. R. B. 183. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 DntEarED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Prudential Insurance Company of America, Newark, New Jersey, an 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 supervision of the Regional Director for the Eighth Region, 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 who were eligible to vote in the election of July 29, 1943, and who are in the eligible category on the date of the run-off election, including employees who did not work dur- ing said pay-roll period because they were ill or on vacation or tempor- arily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by American Federation of Industrial and Ordinary Insurance Agents' Council, affiliated with the American Federation of Labor, or by International Union of Life Insurance Agents, for the purposes of collective bargaining. CHAIRMAN Mn.Lis took no part in the consideration of the above Supplemental Decision and Direction of Run-Off Election.