Aluminum Company of America

In the Matter of ALUMINUM COMPANY OF AMERICA and ALUMINUM EMPLOYEES ASSOCIATION In the Matter of ALUMINUM COMPANY OF AMERICA AND ITS WHOLLY OWNED SUBSIDIARY CAROLINA ALUMINUM COMPANY and INTERNA- TIONAL UNION, ALUMINUM WORKERS OF AMERICA Cases Nos. R-1020 and R-1021, respectively Aluminum Manufacturing Industry-Supplemental Decision-Procedure as to Run-off Election : practice of conducting successive run-off elections, where two or more contestants appear on original ballot and result of election is inconclusive ; organization receiving lowest number of votes to be eliminated from each successive ballot until representative is selected by a majority or majority signifies that none of contesting organizations is desired-Election Ordered: original election vacated and new election ordered to afford the parties an opportunity to participate with full knowledge of procedure set forth. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION April 12,1939 On November 18, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled cases. The Direction of Election provided that an election by secret ballot be held within fifteen (15) days from the date of the Direction among the production and maintenance em- ployees, time checkers, and weigh clerks at the Alcoa Works 2 on the pay roll for the week including February 1, 1938, excluding supervisors and office employees, watchmen, guards, office janitors, farm and dairy employees, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the Aluminum Employees Association, herein called the Association, International Union of Aluminum Workers of America, affiliated with the Committee for Industrial Organization, 19 N. L.R.B 944. 2 The operations of the Aluminum Company of America, located at Alcoa, Tennessee, and at Calderwood , Tennessee, and the power plants of Carolina Aluminum Company, its wholly owned subsidiary , at Rymers Ferry, North Carolina , and Tapoco, North Carolina, were collectively called the Alcoa Works in the above-mentioned decision and are so desig- nated herein. 12 N. L. R. B., No. 34. 237 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD herein called the C. I. 0., the Aluminum Workers Union, Local No. 19104, affiliated with the American Federation of Labor, herein called the A. F. of L., for the purposes of collective bargaining, or by none of them. On November 29, 1938, at the request of the Regional Director, the Board issued an Amendment to Direction of Election 3 extending the date of the election by five (5) days. Pursuant to the Direction, as amended, an election by secret ballot was held on December 8, 1938, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). On December 10, 1938, the said 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 election. No exceptions were filed to the Intermediate Report. As to the balloting and its results, the Regional Director reported as follows : 1. Total number eligible---------------------------------- 4, 023 2. Total ballots cast-------------------------------------- 3,062 3. Total number ballots cast for Aluminum Employees Asso- ciation----------------------------------------------- 1,279 4. Total number ballots cast for International Union, Alu- minum Workers of America, affiliated with the C. I. O-_ 961 5. Total number ballots cast for Aluminum Workers Union, Local No. 19104, affiliated with the A. F. of L---------- 708 6. Total number ballots cast for none of these labor organi- zations ---------------------------------------------- 100 7. Total number challenged ballots------------------------ 6 8 Total number void ballots------------------------------ 6 9. Total number blank ballots----------------------------- 2 On December 12, 1938, the Association , which received the highest number of votes, requested a run-off election . On December 14, 1938, the C . I. 0., which received the second highest number of votes, filed a motion requesting a run-off election between the Association and itself. On December 19, 1938, the A. F. of L., which received the lowest number of votes, filed a motion objecting to the inclusion of the C. I. O. on the ballot in a run-off election , and requested oral argument on the question , which the Board granted. Pursuant to notice, a hearing was held before the Board on Feb- ruary 9, 1939, for the purpose of oral argument. The Association, the A. F. of L., and the C. I. O. were represented by counsel and argued in support of their respective motions.4 In an earlier case e involving comparable election results with three 3 ON. L R B. 951. 4 At the oral argument the Association stated that it desired the C . I. 0. to be included on the ballot with it in a run-off election. e Matter of A lunaznum Line, et at, 9 N. L it. B. 74. ALUMINUM COMPANY OF AMERICA 239 rival labor organizations on the ballot we directed a run-off election with only the organization receiving the highest number of votes on the run-off ballot. In that case, however, no request was made by either of the two defeated organizations to appear on the run-off ballot and, hence, the issue presented here was not raised or con- sidered. The Board has considered the arguments on the issues presented in the instant case and has decided that in the future where two or more contestants appear on the original ballot and the result of the election is inconclusive, as here," to adopt the practice of conducting successive run-off elections eliminating from each suc- cessive ballot the organization receiving the lowest number of votes in the preceding ballot until either a representative has been selected by a majority or a majority has signified that none 7 of the contest- ing organizations is desired as a representative for collective bargain- ing. In order to afford the parties and voters an opportunity to participate in this proceeding with full knowledge of the procedure herein set forth, the Board has decided to vacate the election of December 8, 1938, which was inconclusive, and to direct a new elec- tion with all the original parties on the ballot," such election to be followed, if necessary, by successive elections in accordance with the procedure hereinabove set forth. Accordingly, the election of December 8, 1938, is hereby vacated. SECOND DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby D cTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Aluminum Company of America and Carolina Aluminum Company, its wholly owned subsidiary, at the Alcoa Works, an elec- tion by secret ballot shall be conducted within fifteen (15) days from the date of this Supplemental Decision and Second Direction of Election, under the direction and supervision of the Regional Direc- tor for the Tenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 6In the instant case a majority of the voters indicated their desire to bargain collec- tively through a representative , but no representative was selected by a majority. 4 The space on the ballot providing the voter with an opportunity to indicate that he does not desire any of the named unions to represent him will remain on each successive ballot. See Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel and Tin Worker" of North America, Local No. 1657, 4 N. L. R. B. 55. 8 In the previous election we used the pay roll including February 1, 1938 ; in the new election we will use the same pay roll. 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 9, of said Rules and Regulations, among the production and main- tenance employees, time checkers, and weigh clerks at the Alcoa Works on the pay roll for the week including February 1, 1938, excluding supervisors and office employees, watchmen, guards, office janitors, farm and dairy employees, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the Aluminum Employees Association, the In- ternational Union, Aluminum Workers of America, affiliated with the Committee for Industrial Organization, the Aluminum Workers Union, Local No. 19104, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by none of them. [ SAME TITLE] AMENDMENT TO SECOND DIRECTION OF ELECTION April 04,1939 On April 12, 1939, the National Labor Relations Board, herein called the Board, issued a Supplemental Decision and Second Direc- tion of Election in the above-entitled proceeding, the election to be held within fifteen (15) days from the date of the Second Direction of Election, under the direction and supervision of the Regional Director for the Tenth Region. The Board, at the request of the Regional Director, hereby amends the Second Direction of Election issued on April 12, 1939, by striking therefrom the words "within fifteen (15) days from the date of this Supplemental Decision and Second Direc- tion of Election," and substituting therefor the words "within twenty- five (25) days from the date of this Supplemental Decision and Second Direction of Election." 12 N. L. R. B., No. 34a.