Superior Sheet Metal Works

In the Matter of SUPERIOR SHEET METAL WORKS and LOCAL 2032 STEEL WORKERS ORGANIZING COMMITTEE AFFILIATED WITH THE C.I.O. Case No. R-1095 SUPPLEMENTAL DECISION AND ORDER March 8, 1939 On January 11, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled proceeding. The Direction of Election provided that an election by secret ballot be conducted among all the produc- tion and maintenance employees of the Superior Sheet Metal Works, Indianapolis, Indiana, who were employed by it as of July 22 and 29, 1938, excluding clerical and supervisory employees and those employees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by Local 2032 Steel Workers Organizing Committee, affiliated with the Committee for Industrial Organization, for the purposes of collective bargaining. Pursuant to the Direction an election by secret ballot was conducted on January 26, 1939, at Indianapolis, Indiana, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). Full opportunity was afforded all of the parties to this investigation to participate in the conduct of the secret ballot and to make challenges. On January 31, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties an Intermediate Report on the ballot. No exceptions to the Intermediate Report have been filed by any of the parties. As to the results of the secret ballot, the Regional Director reported as follows: 1 10 N. L. R. B. 1101. 11 N. L. R. B., No. 87. 1034 SUPERIOR SHEET METAL WORKS ET AL. 1035 Total number of employees alleged eligible to vote_____ _________ 34 Total number of employees voted____________________________ 33 Total number of valid votes cast_____________________________ Total number of votes for Local 2032, Steel Workers Organizing 28 Committee, affiliated with the C. I. 0_______________________ 15 Total number of votes against Local 2032, Steel Workers Or- ganizing Committee, affiliated with the C. I. 0______________ 13 Total number of blank ballots________________________________ 0 Total number of void ballots_________________________________ 0 Total number of challenged ballots___________________________ 5 The Regional Director found that the persons casting four of the five challenged ballots were eligible to vote and that their ballots should be counted, but that the person casting the fifth ballot was not eligible to vote and that his ballot should not be counted. The four ballots cast by the persons whom the Regional Director found to be eligible to vote were then opened in the presence of authorized observers for the organized and unorganized employees. The Regional Director further reported in his Intermediate Report - that the counting of the four ballots changed the results of the elec- tion as follows : Total number of employees alleged eligible to vote_____________ 34 Total number of employees voted_____________________________ 33 Total number of valid votes cast______________________________ Total number of votes for Local 2032 , Steel Workers Organiz- 32 ing Committee, affiliated with the C. I. 0__________________ 16 Total number of votes against Local 2032 , Steel Workers Organ- izing Committee, affiliated with the C . I. 0__________________ 16 Total number of blank ballots_______________________________ 0 Total number of void ballots_________________________________ 1 Total number of challenged ballots_______________ ____________ 0 The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees within the appropriate unit. The petition for investigation and certification of representatives of employees of Superior Sheet Metal Works, Indian- apolis, Indiana, will therefore be dismissed. ORDER By virtue of 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 ORDERED that the petition for investigation and certi- fication of representatives of employees of Superior Sheet Metal Works, Indianapolis, Indiana, filed by Local 2032 Steel Workers Organizing Committee, affiliated with the Committee for Industrial Organization, be, and it hereby is, dismissed. -