Sun Life Insurance Co. of America

In the Matter Of WASHINGTON BRANCH OF THE SUN LIFE INSURANCE COMPANY OF AMERICA and INDUSTRIAL AND ORDINARY INSURANCE AGENTS UNION No. 21354, INDUSTRIAL AND ORDINARY INSURANCE AGENTS COUNCIL Case No. R-1454 Election Ordered: run-off. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION November 10, 1939 On October 2, 1939, the National Labor Relations Board, herein called the board, issued a Decision and Direction of Election in the above-entitled case.' On October 13, 1939, the Board issued an Amendment to its Direction of Election.' Pursuant to the Direction of Election as amended, an election by secret ballot was conducted on October 21, 1939, under the direction and supervision of the Regional Director for the Fifth Region (Baltimore, Maryland). Full opportunity was accorded to all parties to this investigation. to participate in the election and to make challenges. On October 23, 1939, the 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 his Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the results of the secret ballot, the Regional Director reported as follows : Total Number of Eligible Voters_____________________________ 43 Total Number of Ballots Cast_______________________________ 42 Total Number of Votes for Industrial and Ordinary Insurance Agents Union No. 21354, Industrial and Ordinary Insurance Agents Council (A. F. of L.) ------------------------------ 21 Total Number of Votes for United Of ee and Professional Workers of America (C. I. 0.) ----------------------------- I Total Number of Votes for Neither___________________________ 20 115 N. L. R. B. 817. 2 15 N. L. R. B. 824. 17 N. L. R. B., No. 36. 463 464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total Number of Blank Ballots______________________________ 0 Total Number of Void Ballots ________________________________ 0 Total Number of Challenged Votes____________________________ 0 The Election Report reveals that in the election neither Industrial and Ordinary Insurance Agents Union No. 21354, Industrial and Ordinary Insurance Agents Council, nor United Office and Profes- sional Workers of America, C. I. 0., received a majority of the votes cast. A majority of the employees have, however, indicated a desire to bargain collectively with the Company. The Industrial and Ordinary Insurance Agents Union No. 21354, Industrial and Ordi- nary Insurance Agents Council, which received the greater number of votes cast in the election, has requested the holding of a run-off election. We find that the question concerning representation which has arisen can best be resolved by the holding of a run-off election in which the employees in the appropriate unit will be, given the opportunity to decide whether or not they desire to be represented by Industrial and Ordinary Insurance Agents Union No. 21354, Industrial and Ordinary Insurance Agents Council. 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 Re- lations 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 DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Sun Life Insurance Company of America, in its Washington, District of Columbia, office, an election by secret ballot shall be con- ducted as early as possible but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifth 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 the insurance agents of Sun Life Insurance Company of America, in its Washington, District of Columbia, office, in its employ during the pay-roll period immediately preceding October 2, 1939, including debit collectors and canvassers, employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding assistant managers, district managers, and clerical and office employees, and those who have since quit or been discharged for cause, to determine whether SUN LIFE INSURANCE COMPANY OF AMERICA 465 or not they desire to be represented by Industrial and Ordinary In- surance Agents Union No. 21354, Industrial and Ordinary Insurance Agents Council, for the purposes of collective bargaining. MR. 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. s Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local No. 2573,16 N. L. R. B. 476.