Chicago Molded Products Corp.

In the Matter of CHICAGO MOLDED PRODUCTS CORPORATION and RUBBER AND PLASTIC WORKERS' UNION, LOCAL 20911, AFFILIATED WITH A. F. OF L. Case No. R-5124 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 13,1943 On May 11, 1943, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on June 2, 1943, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On June 3, 1943, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued and duly served upon the parties an Election Report. As to the balloting and its results, the Regional Director reported as follows : i Approximate number of eligible voters_________ ______________ 632 Total ballots cast___________________________________________ 472 Total ballots challenged_____________________________________ 2 Total void ballots__________________________________________ 3 Total valid votes counted____________________________________ 468 Votes cast for Independent Plastic Workers' Union ------------ Votes cast for Rubber and Plastic Workers' Union, Local 20911, 154 affiliated with the A. F. of L_______________________________ 265 Votes cast for neither_______________________________________ 49 Thereafter, on June 9, 1943, Independent Plastic Workers' Union, herein called the Independent, filed objections to the election. The objections are summarized as follows: 1. That a majority of the employees eligible to vote did not select the A. F. of L. as their bargaining representative and therefore the Board should order a run -off election between the A. F. of L. and the Independent to determine the true choice of the employees affected. 1 49 N. L. R. B. 756. 51 N. L. R. B., No. 64. 313 314 DECISIONS OF NATIONAL LABOR RELArrIONS BOARD O 2. That on the day before the election, the A. F. of L.'s attorney, conspiring with three employees of the Company, instituted a vicious and slanderous suit falsely attacking the Independent. This suit was exploited in an A. F. of L. bulletin designed to influence the employees who voted in the election. On June 23, 1943, the Regional Director issued a Report on Objec- tions in which he found the contentions of the Independent to be without merit. As to the first objection made by the Independent, it is well settled that a choice made by a majority of those voting in an election directed by the Board is sufficient for certification even though such employees do not constitute a majority of those eligible to vote, subject only to the qualification that a representative number of eligible voters par- ticipate. In this case, it is plain that the vote was representative, since 75 percent of the eligible voters cast ballots. The second objec- tion made by the Independent is of no moment in this case. There is no evidence indicating that the suit alluded to by the Independent was maliciously instituted at the behest of the A. F. of L., nor do any of the statements contained in the bulletin, referred to, which is the usual type of literature distributed by parties to an election, raise issues material to the conduct of the ballot or the Election Report. We find that the objections raise no substantial or material issue with respect to the conduct of the election or the Election Report, and they are hereby overruled. CERTIFICATION OF REPRESENTATIVES 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 and 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Rubber and Plastic Workers' Union, Local 20911, affiliated with the A. F. of L., has been designated and selected by a majority of all production and maintenance employees of the Chicago Molded Products Corporation, Chicago, Illinois, in- cluding factory clerical employees, but excluding executives, super- intendents, foremen and assistant foremen, janitors, employees hired for training purposes, employees in the customers' sales department, watchmen, guards, laboratory employees, and general office clerical employees, as their representative for the purposes of collective bar- gaining, and that pursuant to Section 9 (a) of the Act, Rubber and Plastic Workers' Union, Local 20911, affiliated with the A. F. of L., is the exclusive, representative of all such employees for the purposes of collective bargaining, with respect to rates of pay, wages, hours of employment, and other conditions of employment.