Litchfield Manufacturing Co.

In the Matter of LITCHI'IELD MANUFACTURING COMPANY and UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA , C. I. O. Case No.,18-R-1145 SUPPLEMENTAL DECISION AND DIRECTION OF SECOND ELECTION August 29, 1946 On January 19, 1945, pursuant to a Decision and Direction,of Elec- tion issued by the Board in this case on December 28, 1944 (59 N. L. R. B. 1270), an election was conducted under the direction and super- vision of. the Regional Director for the Eighteenthh Region (Minne- apolis, Minnesota),,aniong the employees in the, unit found appro- priate in the Decision to determine whether or not they desired to be represented by United Farm Equipment and Metal Workers of America, C. I. 0., herein called the Farm Equipment Workers. The election was lost by the Farm Equipment Workers 1 and it filed Ob- jections to the election on January 23, 1945. In a Decision and Order issued on April 27, 1945 (63 N. L. R. B. 545), a consolidated proceeding in which the Board considered both the Objections to the election filed by the Farm Equipment Workers in this case, and also an unfair labor practice charge alleging violations of Section 8 (1) and 8 (3) of the Act which was'filed by that same organization on January 26, 1945, in Case No. 18-C-1114, the Board found, inter alia, that the Company's employees had been deprived of their right freely to select a bargaining representative of their own choosing at the January 19, 1945, election and vacated and set aside that, election. In this Decision the Board stated that a new i The Tally of Ballots furnished the parties revealed the following facts : Approximate number of eligible voters -------------------------- 89 Void Ballots-------------------------------------------------- None Votes cast for United Farm Equipment and Metal Workers of America, C. I. 0---------------------------------------------------- 28 Votes cast against participating labor organization --------------- 46 Valid votes counted----------------------- --------------------- 74 Challenged ballots--------------------------------------------- 5 Valid votes counted plus challenged ballots-------- --------------- 79 70 N. L. R. B, No. 69. 900 LITCHFIELD MANUFACTURING COMPANY 901 election would be held in this case at such time as the Regional Direc- tor advised that the time was appropriate.' On October 12, 1945, and on May 6, 1946, the International Asso- .ciation of Machinists, District No. 134, herein called the LAM, filed petitions for investigation and certification of representatives in which it alleged as appropriate the same unit previously established in the Board's Decision of December 28, 1944.3 The Regional Director re- fused to issue a notice of hearing in either of these cases on the ground that the Company had not yet complied in Case No. 18-C-1114. Case No. 18-C-1114 was closed on July 15, 1946, on the basis of full compliance with the Board's Order as modified by the Circuit Court, and the Regional Director has advised the Board that the time is now appropriate for holding a new election. On July 17, 1946, the IAM filed a motion to intervene and to be placed on the ballot in any new election which the Board might direct in the instant proceeding, and on August 8, 1946, the International Union, United Automobile, Aircraft & Agricultural Implement Work- ers of America, C. I. 0., herein called the UAW-CIO, filed a similar motion; both these organizations agree upon the unit previously found appropriate by the Board and have presented evidence of representa- tion among the employees in this unit. The Farm Equipment Work- ers apparently opposes their participation in the election. Under all the circumstances of this case, particularly the fact that as much as 18 months have elapsed since the holding of the original election, the motions of the IAM and the UAW-CIO are granted. DIRECTION OF SECOND 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, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Litchfield Manu- facturing Company, Waterloo, Iowa, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days 2 With respect to the unfair labor practices alleged in Case No. 18-C-1114, the Board found that the Company had acted in violation of Section 8 (1) and ( 3) of the Act and issued an appropriate Order . Subsequently , on April 22 , 1946, the Circuit Court of Appeals for the Eighth Circuit affirmed the Board 's findings that the Company had violated Section 8 (1) and had prevented the employees from exercising a free choice in the election of January 19, 1945. It held, however, that the Board 's findings with respect to the Com- pany's alleged violation of Section 8 ( 3) were not sustained by substantial evidence and modified the Board 's Order accordingly . N. L. R. B. V. Litchfield Manufacturing Company, 157 F ( 2d) 739 (C. C. A. 8). Case No. 18-R-1408 and Case No. 18-R-1530. 902 DECISIONS OF NATIONAL LABOR RELATIONS BOARD from the date of this Direction of Second Election, under the direc- tion and supervision of the Regional Director for the Eighteenth 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 employees in the unit found appropriate in the Board's Decision of December 28, 1944, who were employed during the pay-roll period immediately preceding the date of this Direction of Second Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily 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 and have not been rehired or reinstated prior to the date of the second election, to determine whether they desire to be represented by United Farm Equipment and Metal Workers of America, C. I. 0., or by Inter- national Association of Machinists, District No. 134, or by Interna- tional Union, United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. 0., for the purposes of collective bargain- ing, or by none of these organizations. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Supplemental Decision and Direction of Second Election..