The Electric Auto-Lite Co.

In the Matter of THE ELECTRIC AuTo-LITE COMPANY, AMERICAN ENAMELED MAGNET WIRE DIVISION' and INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL 218 In the Matter of THE ELECTRIC AUTO-LITE COMPANY, AMERICAN ENAMELED MAGNET WIRE DIVISION and LOCAL 21317, AMERICAN FED- ERATION OF LABOR Cases Nos. R-1121 and R-1122, respectively AMENDMENT TO DECISION February 2, 1939 On January 17, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Certification of Representatives and Direction of Election 1 in the above-entitled proceeding. In the concluding sentence of the first paragraph of Section III of the Deci- sion it was stated that "None of the parties contended that the contract, which in any event had expired at the time of the hearing, was a bar to this proceeding." Thereafter, counsel for The Electric Auto- Lite Company, American Enameled Magnet Wire Division, herein called the Company, informed the Board that the contract, which was for members only, provided for its remaining in effect beyond October 12, 1938, unless the parties to it gave notice to the contrary. The record does not affirmatively disclose that such notice was given. Without deciding whether or not the contract was still in effect, the Board hereby amends its Decision by striking out of the last sen- tence of the first paragraph of Section III of the Decision the words "which in any event had expired at the time of the hearing." This amendment in no wise affects the Decision, Certification of Representa- tives, and Direction of Election which remain in full force and effect. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Amendment to Decision. [SAME TITLE] Case No. R-1122 CERTIFICATION OF REPRESENTATIVES February 27, 1939 On January 17, 1939, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled case, and 10 N L R. B. 1239. 11 N. L. R. B., No. 3. 8 ELECTRIC AUTO-LITE CO. ET AL. 9 on February 2, 1939, an Amendment to Decision. The Direction of Election provided that an election by secret ballot be conducted within fifteen (15) days from the date of the Direction, among the production employees whose names appear on the pay roll of The Electric Auto-Lite Company, American Enameled Magnet Wire Division, Port Huron, Michigan, of October 31, 1937, including in- spectors, firemen, and sweepers, but excluding supervisory and office employees, time checkers, machinists, machine riggers, millwrights, tool makers, machine repairmen, machini'sts' apprentices and helpers, oilers, die repairmen, and those employees who have since quit or been discharged for cause, to determine whether they' desired to be represented by Local 21317, American Federation of Labor, or by Local 127, International Union, United Automobile Workers of America ,for the purposes of collective bargaining, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Seventh Region (Detroit, Michigan). Full oppor- tunity was afforded all parties to this investigation to participate in the conduct of the secret ballot and to make challenges. On Febru- ary 2, 1939, said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 1, as amended, issued and duly served upon the parties an Intermediate Report on the election. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote-------------------------------- 609 Total number of ballots cast--------------------------------- 528 Total number of ballots counted----------------------------- Total number of votes for Local 127, International Union, 512 United Automobile Workers of America, affiliated with the C. I. 0--------------------------------------------------- 210 Total number of votes for Local 21317, American Federation of Labor ---------------------------------------------------- 296 Total number of votes for neither---------------------------- 6 Total number of challenged ballots--------------------------- 13 Total number of blank ballots------------------------------- 2 Total number of void ballots--------------------------------- 1 Subsequent to the service of the Intermediate Report upon the parties, Local 127, International Union, United Automobile Work- ers of America, "acknowledging the validity of the findings with respect to the results of the secret ballot contained in the said Intermediate Report" objected to "any order of the National Labor Relations Board . . . which would have for its aim, or which would cause the certification of Local 21317 of the American Federation of Labor as the sole collective bargaining agent for all employees in the unit designated as appropriate in the aforesaid Intermediate 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Report, for the reasons that the findings of the aforesaid Regional Director disclose that no labor organization has received the votes of a majority of the employees in the aforesaid appropriate unit." We construe the grounds of this objection to be that Local 21317, Ameri- can Federation of Labor, failed to poll a majority of all eligible employees. The principle is established that the phrase "majority of the employees" refers to a majority of the eligible employees vot- ing in the election, so that the organization receiving a majority of the votes cast is to be certified as the exclusive representative., The objection is hereby overruled. No other objections or exceptions to the Intermediate Report have been filed by any of the parties. 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 1, as amended, IT IS HEREBY CERTIFIED that Local 21317, American Federation of Labor, has been designated and selected by a majority of the produc- tion employees of The Electric Auto-Lite Company, American Enameled Magnet Wire Division, Port Huron, Michigan, including inspectors, firemen, and sweepers, but excluding supervisory and office employees, time checkers, machinists, machine riggers, mill- wrights, tool makers, machine repairmen, machinists' apprentices and helpers, oilers, and die repairmen, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Local 21317, American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to wages, rates of pay, hours of work, and other conditions of employment. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Certification of Representatives. Virginian Ry. Co. v. System Federation No. ¢0, 300 U. S . 515 (1937) ; The Asso- ciation of Clerical Employees of the A T and S F. Railway Systern v . Brotherhood of Railway and Steamship Clerks, Freight Handlers , Empress and Station Employees, 85 F. (2d ) 152 (C. C. A. 7th, 1936 ) ; Matter of Associated Press, a Corporation and Newspaper Guild, 1 N. L. R. B. 686 ; Matter of New England Transportation Company and International Association of Machinists, 1 N. L R. B. 130; Matter of R. C. A. Manu- facturing Company, Inc. and United Electrical & Radio Workers of America, 2 N. L R. B. 159. 11 N. L. R. B., No. 3a.