Metropolitan Life Insurance Co.

III the Matter of METROPOLITAN LIFE INSURANCE COMPANY, EMPLOYER and UNITED OFFICE & PROFESSIONAL WORKERS OF AMERICA, C. I. 0., PETITIONER In the Matter Of METROPOLITAN LIFE INSURANCE COMPANY, EMPLOYER and NATIONAL FEDERATION OF INSURANCE AGENTS' COUNCIL, A. F. L., PETITIONER Cases Nos. 2-RC-878, 2-RC-914, 2-RC-939, 2-RC-988, d-RC-1069, 2-RC-1070, 2-RC-1071, 2-RC-1125, 2-RC-1138, and 2--RC-940, respectively, SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES October 7, 1949 Pursuant to a Decision and Direction of Election issued by the National Labor Relations Board on June 3, 1949, elections by secret ballot were conducted on July 15, 1949, under the direction and super- vision of the Regional Director for the Second Region. Tallies of ballots were served upon the parties at the conclusion of the elections. The tallies in the four following cases show that ballots were cast as follows : Case No. 2-RC-878 [New Jersey] : Approximate number of eligible voters-_ -------------------- 1, 210 Void ballots----------------------------------------------------- 3 Votes cast for UOPWA, CIO---------- ---------------------------- 661 Votes cast against participating labor organization----------------- 500 Valid votes counted ---------------------------- ------------------- 1,161 Challenged ballots----------------------------------------------- 7 Valid votes counted plus challenged ballots------------------------ 1,168 Case No. 2-PC-914 [New York Metropolitan Area] : Approximate number of eligible voters ---------------------------- 1,776 Void ballots----------------------------------------------------- 8 Votes cast for UOPWA, CIO-------------------------------------- 931 Votes cast for NFIAC, AFL-------------------------------------- 193 Votes cast against participating labor organizations ________________ . 569 86 N. L. 11. B., No. 57. 428 METROPOLITAN LIFE INSURANCE COMPANY 429 Valid votes counted______________________________________________ 1,693 Challenged ballots----------------------------------------------- 10 Valid votes counted plus challenged ballots------------------------ 1,703 Case No. 2-RC-1069 [Ohio] : Approximate number of eligible voters---------------------------- 839 Void ballots----------------------------------------------------- 6 Votes cast for UOPWA, CIO------------------------------------- 350 Votes cast for International Union of Life Insurance Agents -------- 157 Votes cast against participating labor organizations ---------------- 278 Valid votes counted----------------------------------------------- 785 Challenged ballots------------------------------------------------ 2 Valid votes counted plus challenged ballots------------------------ 787 Case No. 2-RC-1138 [Rhode Island] : Approximate number of eligible voters--------------------------- 188 Void ballots------------------------------------------------------ 1 Votes cast for UOPWA, CIO------------------------------------- 70 Votes cast for NFIAC, AFL-------------------------------------- 29 Votes cast against participating labor organizations--------------- 73 Valid votes counted---------------------------------------------- 172. Challenged ballots------------------------------------------------ 1 Valid votes counted plus challenged ballots------------------------ 173 Thereafter, on August 3, 1949, the Employer filed objections to the election in the four cases listed above x In support of its objections the Employer submitted an affidavit, stating that United Office and Professional Workers of America, CIO, hereinafter called UOPWA, through a "paper" change of its constitution, had effected apparent "technical" compliance with Section 9 (h) of the Act, but that be- cause leaders who control the organization and formulate its policies under new titles have not filed affidavits, compliance, in fact, has not been effectuated. The affidavit further states, inter alga, that the changes were not made in accordance with the requirements of UOPWA's constitution, relating to amendments. On September 2, 1949, the Regional Director issued and duly served. upon the parties his Report on Objections, wherein he found no merit in the objections, and recommended that they be overruled. On September 16, 1949, the Employer filed exceptions to the Re- gional Director's Report on Objections, again urging as a basis thereof the alleged failure of UOPWA to comply with the filing provisions of Section 9 (h) of the Act. The Employer also requested an opportunity to present oral argument on the issues. The request for oral argument is denied inasmuch as the record and the briefs, in our opinion, adequately present the issues and the positions of the parties. 'The Employer also filed objections in Cases Nos. 2-RC-939 and 2-RC-1071, and UOPWA filed objections to the elections in Cases Nos. 2-RC-938, 2-RC-939, 2-RC-940, 2-RC-988, 2-RC-1070, 2-RC-1071, 2-RC-1125. Investigation on these objections Is pending In the Regional Office. 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As we have stated on numerous occasions,' and in the original deci- sion in this case,3 the compliance of a labor organization with the filing requirements of Section 9 of the Act is an administrative matter to be determined by the Board, and is not subject to attack by parties to the proceeding. Accordingly, we hereby overrule the objections filed by the Employer and adopt the findings and recommendations made by the Regional Director in his report. As the tallies in Case No. 2-RC-1069 and Case No. 2-RC-1138 indicate that the results of these elections are indeterminate, we shall defer further action in these cases pending final action in the Regional Office. As the tallies in Case No. 2-RC-878 and Case No. 2-RC-914 indicate that the Petitioner has secured a majority of the valid ballots cast by the employees concerned, we shall certify it as the collective bargaining representative of all employees in the units therein found appropriate. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that United Office and Professional Workers of America, CIO,,,has been designated and selected by a. majority of the employees of the Employer in the separate units heretofore found by the Board to be appropriate in Case No. 2-RC-878 and Case No. 2-RC-914, respectively, as their representative for the purposes of col- lective bargaining and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all employees in such units, for the purposes of collective bargaining, with respect to rates of pay, wages, hours of -employment, and other conditions of employment. 2 Matter of Procter & Gamble Company, 78 N. L. R. B, 1043 ; Matter of Craddock Terry Shoe Corporation, 76 N. L. R. B. 842 ; Matter of the Prudential Insurance Company of America, 80 N. L. R. B. 1583. 1 Matter of Metropolitan Life Insurance Company, 83 N. L. R. B. 1044.