The Prudential Insurance Co. of America

In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, EMPLOYER AND PETITIONER and NATIONAL FEDERATION OF INSURANCE AGENTS COUNCIL, AFL (OTHERWISE KNOWN AS INDUSTRIAL AND OR- DINARY INSURANCE AGENTS COUNCIL, AFL) and INTERNATIONAL UNION OF LIFE INSURANCE AGENTS In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, EMPLOYER and NATIONAL FEDERATION OF INSURANCE AGENTS COUN- CIL, AFL (OTHERWISE KNOWN AS INDUSTRIAL AND ORDINARY INSUR- ANCE AGENTS COUNCIL, AFL), PETITIONER In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, EMPLOYER and INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, PETITIONER Cases Nos. 2 R,M-70, 2-RC-07, RC-643, 2-RC-629, 9-RC-701, 2-RC-628,2-RC-645, and 2-RC-644, respectively.Decided Janu- ary 25,1949 AMENDED DECISION AND AMENDED DIRECTION OF ELECTION On December 30, 1948, the National Labor Relations Board issued a Decision and Direction of Election in this proceeding,' finding that all industrial agents of the Employer in 31 named States constitute an appropriate bargaining unit and directing an election by secret ballot to be conducted as early as possible but not later than thirty (30) days from the date of the issuance of the Decision and Direction of Election. The Board provided that the names of the three inter- national labor organizations involved in the proceeding should be placed upon the ballot, adding in paragraph 5 of the Decision the following limitation : Their participation in the election, however, is conditioned upon the full compliance with Section 9 (f), (g), and (h) of the Act by each of their respective local unions which individually, or jointly with such international, engage in collective bargaining in behalf of the Employer's industrial agents in the 31-State unit herein found appropriate. 1 80 N. L. R B. 1583. 81 N. L. R. B., No. 48. 295 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD In order to clarify its decision in this case the Board hereby amends that portion of paragraph 5, quoted above, and the Direction of Elec- tion to read as follows: 2 Their participation in the election, however, is conditioned upon the full compliance with Section 9 (f), (g), and (h) of the Act by each of their respective local unions which have members among the employees of the Employer within the 31-State unit herein found appropriate.3 MOTION FOR RECONSIDERATION AND ORAL ARGUMENT On January 19, 1949, the Board by telegram informed the parties of the action taken herein. Thereafter, but before the preparation and issuance of this written amended decision, UOPWA filed a motion requesting reconsideration and vacation of the same, and seeking oral argument. We find no merit in the motion for the reasons stated in our amended decision, and it is hereby denied. AMENDED DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purpose of collective bargaining with the Employer, an election by secret ballot shall be conducted as soon as the local unions of the respective international unions described in paragraph 5, as amended above, shall have complied with Section 9 (f), (g), and (h) of the Act, but not later than ninety (90) days from the date of the issuance of the original Direction of Election in this proceeding, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of the National Labor Relations Board Rules and Regulations- Series 5, as amended, and to the conditions set forth in paragraph numbered 5, as amended above, among the employees in the appro- priate unit described in paragraph numbered 4 in the original Decision, who were employed during the pay-roll period immediately preceding the date of the original Direction of Election, including employees 2 The Employer filed a motion requesting ( 1) leave to inspect all evidence introduced by the parties upon the issue of compliance , ( 2) that hearings be conducted to determine which local unions , if any, must comply with Section 9 of the amended Act as a condition precedent to participation in the election by the respective international unions, and (3) oral argument upon the motion . In view of the action taken herein , the motion is denied 3 Matter of United States Gypsum Company, 77 N. L. R B. 1098 ; Matter of Lane-Wells Company, 77 N L. R. B. 1051. Contrary to the assertion of our dissenting colleague, we believe that these cases stand for the proposition that where there is in existence a local having members in the appropriate unit, its compliance is required without regard to the extent to which it may participate in collective bargaining. In any event, we believe that such a doctrine is required in order to effectuate the policy of Section 9 (f), (g), and (h) of the Act. THE PRUDENTIAL INSURANCE CO. OF AMERICA 297 who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been re- hired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to deter- mine whether they desire to be represented, for purposes of collective bargaining, by National Federation of Insurance Agents Council, AFL (otherwise known as Industrial and Ordinary Insurance Agents Council, AFL), or by International Union of Life Insurance Agents, or by United Office and Professional Workers of America, CIO, or by none. CHAIRMAN HERZOG, dissenting : Because I do not construe the U. S. Gypsum and Lane-Wells de- cisions 4 as broadly as do my colleagues, I disagree with the action taken to "clarify" our original order. The right of these international unions to have their names appear on the ballot in the absence of full compliance by each of their locals should turn, in my opinion, upon whether these locals do, in actual fact, engage in collective bargaining in behalf of the Employer's insurance agents. If they do, as the Employer contends, they should of course be required to comply. If the locals do not so bargain or are not otherwise actively in the picture, as the international unions assert, it is unduly onerous-and unneces- sary under the statute-for this Board to insist upon their doing so. I would like to ascertain the actual practice in the industry, through a hearing conducted at the earliest possible date. This would be con- sistent with part of the Employer's motion, and would also afford the various labor organizations an opportunity to tell their side of the story. 4 Matter of Lane-Wells Company, 77 N. L. R. B. 1051 ; Matter of United States Gypsum Company, 77 N. L. R. B. 1098