Florence Pipe Foundry & Machine Co.

In the Matter of FLORENCE PIPE FOUNDRY & MACHINE CO., and STEEL WORKERS ORGANIZING COMMITTEE, ON BEHALF OF ITSELF AND OF LODGE 2040, AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA Case No. R-1460 Election Ordered: run-off. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION November 8, 1939 On September 13, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case? Pursuant to the Direction, an election by secret ballot was con- ducted on September 27, 1939, under the direction and supervision of the Regional Director for the Fourth Region (Philadelphia, Penn- sylvania). On September 28, 1939, the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report on the election. No objections to the con- duct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible -------------------------------------- 558 Total number of ballots cast_____ ___________________________ 527 Total number of ballots cast for Local No. 12 of the Interna- tional Molders Union of North America, affiliated with the American Federation of Labor____________________________ 235 Total number of ballots cast for Lodge 2040 , Amalgamated Association of Iron, Steel and Tin Workers of North Amer- ica, affiliated with the Steel Workers Organizing Commit- tee and the Congress of Industrial Organizations__________ 243 115 N. L. R. B. 250. 17 N. L. R. B., No. 27. 415 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total number of votes for neither___________________________ 41 Total number of blank ballots______________________________ 0 Total number of void ballots________________________________ 3 Total number of challenged ballots__________________________ 5 In view of the fact that the challenged ballots could have no effect on the results of the election, they were not counted or ruled upon by the Regional Director. The Election Report reveals that in the election among the produc- tion and maintenance employees neither of the competing labor organizations received a majority of the votes cast. A majority of all those voting at the election have, nevertheless, indicated a desire to bargain collectively with the Company. On October 5, 1939, Steel Workers Organizing Committee, on behalf of Lodge 2040, Amalgamated Association of Iron, Steel and Tin Workers of North America, which received the greater number of unchallenged votes in the election, submitted a request for a run-off election. Pursuant to permission, International Molders Union, by its president, thereafter filed with the Board a letter in the nature of a brief, requesting that the run-off election be postponed until January 30, 1940. By letter dated October 30, 1939, Steel Workers Organizing Committee, acting through its Sub-Regional Director, informed the Board that it objected to a postponement. We have considered the questions raised in the above letters of the competing labor organizations. The request of International Molders Union is hereby denied. In accordance with our established practice in cases of this kind '2. we shall direct a run-off election in which the production and mainte- nance employees will be given the opportunity to decide whether or. not they desire to be represented by Lodge 2040, Amalgamated Asso- ciation of Iron, Steel and Tin Workers of North America, affiliated with the Steel Workers Organizing Committee and the Congress of Industrial Organizations. 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby 2 See Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel and Tin Workers of North America, Local No. 1657, 4 N. L. R. B. 55; Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local No. 2573, 16 N. L. R. B. 476. FLORENCE PIPE, FOUNDRY & MACHINE COMPANY 417 DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Florence Pipe Foundry & Machine Co., Florence, New Jersey, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of Florence Pipe Foundry & Machine Co., who were eligible to vote in the election of September 27, 1939, excluding those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Lodge 2040, Amalgamated Association of Iron, Steel and Tin Workers of North America, affiliated with the Steel Workers Organizing Com- mittee and the Congress of Industrial Organizations, for the purposes of collective bargaining. AIR. WILLIAM M. LEISERSON, dissenting : For reasons stated in my dissenting opinion in Matter of Coos Bay Lumber Company,' I would not order a run-off election. [SA1IE TITLE] AMENDMENT TO SECOND DIRECTION OF ELECTION November 25, 1939 On September 13, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of. Election in the above-entitled case. On November 8, 1939, the Board issued a Sup- plemental Decision and Second Direction of Election directing that an election by secret ballot be conducted as early as possible, but not later than thirty (30) days from the date of the Second Direction of Election, under the direction and supervision of the Regional Direc- tor for the Fourth Region. The Board hereby amends the Second Direction of Election issued on November 8, 1939, by striking there- from the words "as early as possible, but not later than thirty (30) days from the date of this Second Direction of Election" and substi- tuting therefor the words "at such time as the Board may in the future direct." 3 Hatter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local A TO. 2573, 1.6 N. L. R. B. 476. 17 N. L. R. B., No. 27a.