General Motors Corp.

In the Matter of HYATT BEARINGS DIVISION, GENERAL MOTORS COR- PORATION and HY ATT EMPLOYEES ASSOCIATION, INC. Case No. R-1336 Election Ordered: run-off. SUPPLEMENTAL DECISION SECOND DIRECTION OF ELECTION AND ORDER November 10, 1939 On August 10, 1939, the National Labor Relations Board, herein called the Board. issued a Decision and Direction of Election' in the above-entitled proceedings. Pursuant to the Direction of Election, an election by secret ballot was conducted on August 23, 1939, under the direction and supervision of the Regional Director for the Second Region, New York City. On August 29, 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. Na objections to the conduct 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 to Vote_____________________________ 1, 230 Total Number of Ballots Cast______________________________ 1,164 Total Number of Votes Counted____________________________ 1,156 Total Number of Votes for Hyatt Employees Association, Inc__ 539 Total Number of Votes for International Association of Machinists, Lodge 340, A. F. of L__________________________ 509 Total Number of Votes for Neither__________________________ 108 Total Number of Blank Votes_____________________________ 4 Total Number of Void Ballots______________________________ 4 Total Number of Challenged Ballots_______________________ 0 The Election Report reveals that neither the Hyatt Employees Association, Inc., nor the International Association of Machinists, 114 N. L. R. B. 441. 17 N. L. R. B., No. 37. 466 HYATT BEARINGS DIVISION, GENERAL MOTORS CORP. 467 Lodge 340, received a majority of the votes cast. A majority of the employees in the appropriate unit have, nonetheless, indicated a ,desire to bargain collectively with the Company. The Hyatt Em- ployees Association, Inc., which received the greater number of votes validly 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 Hyatt Employees Association, Inc., for the purposes of collective bargaining. On September 13, 1939, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organ- izations, advised' the Board that after the conduct of the" election it had'commenced organizational activities among the employees of the Company. As a result of these activities, International Union, United Automobile Workers of America "believes that it represents a majority of the employees involved and desires to participate in any election which may be held." Since the International Union, United Automobile Workers of America, did not seek a place on the ballot in the original election, we cannot accede to its petition for a place on the ballot in the run-off election, which is merely a continuation of the original proceeding. We will, accordingly, deny its request to participate in the run-off election. IT IS HEREBY ORDERED that the petition of International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the right to participate in the run-off election among the hourly paid employees of the Company, including apprentices, be, and the same hereby is, denied. 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 DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargain- ing with Hyatt Bearings Division, General Motors Corporation, Harrison, 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 Direction, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as 468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD an agent of the National Labor Relations Board, among all hourly paid employees of Hyatt Bearings Division, General Motors Cor- poration, Harrison, New Jersey, including apprentices, who were eligible to vote in the election of August 23, 1939, excluding those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Hyatt Employees Association, Inc., for the purposes of collective bargaining. Mn. WILLIAM M. LEISERSON, dissenting : For reasons stated in my dissenting opinion in Matter of Coos Bay Lumber Company,2 I would not order a run-off election. SAME TITLE] AMENDMENT TO SECOND DIRECTION OF ELECTION November 21, 1939 On November 10, 1939, the National Labor Relations Board, herein called the Board, issued a Supplemental Decision, Second Direction of Election and Order in the above-entitled proceeding, the elec- tion so directed to be held as early as possible but not later than 30 days therefrom under the direction and supervision of the Re- gional Director for the Second Region (New York City). The Regional Director having requested that said election be postponed, the Board hereby amends the Second Direction of Election by strik- ing therefrom the words "as early as possible but not later than thirty (30) days from the date of this Direction" and substituting therefor the words "at such time as the Board may in the future direct." MR. WILLIAM M. LEISERSON took no part in the consideration of the above Amendment to Second Direction of Election. 2 16 N. L. R. B. 476. 17 N. L. R. B., No. 37a.