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. B-1454 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES December 28, 1939 On October 2, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above proceeding.' On October 13, 1939, the Board issued 'an Amend- ment to its Direction of Election.2 On November 10, 1939, the Board issued a Supplemental Decision and Second Direction of Election,s directing that a run-off election be conducted. Pursuant to the Second Direction of Election, an election by secret ballot was conducted on November 18, 1939, under the direction and supervision of the Regional Director for the Fifth Region (Balti- more, Maryland). On November 22, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued his Election Report, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows : Total number of eligible voters______________________________ 40 Total number of ballots cast_________________________________ 39 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 against Industrial and Ordinary Insur- ance Agents Union No. 21354, Industrial and Ordinary Insur- ance Agents Council (A. F. of L.) ------------------------- 18 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged ballots__________________________ 0 115 N. L. R. B. 817. 215 N. L. R. B. 824. 317 N. L. R. B. 463. 18 N. L. R. B., No. 95. 825 826 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On November 27, 1939, Sun Life Insurance Company of America, herein called the Company, filed with the Regional Director Objec- tions to the Election Report and Conduct of the Ballot, on the grounds that: (1) the National Labor Relations Act, 49 Stat• 449, herein called the Act, is not applicable to the Company and the Board is without jurisdiction in the premises; and (2) the Board had no authority under the Act to direct the run-off election and, even if it had such authority, it had no power to omit from the ballot used in said run-off election the name of United Office and Professional Workers of America, C. I. O. Thereafter, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and served upon the parties his Report on Objections to Election Report, stating that he believed the Company's objections to be without merit. The Company's first ground of objection repeats contentions dis- posed of by the Board in its Decision. The Board sees no reason for departing from the disposition then made.4 With respect to the Company's second ground of objection, it is the Board's established policy 5 to direct a run-off election in a case of this kind where the labor organization receiving the highest num- ber of votes cast on the first ballot requests a run-off. And where, as here, only two labor organizations and a space for neither appeared on the first ballot, the Board has uniformly provided that the run-off ballot shall afford employees an opportunity to vote for or against the labor organization receiving the highest number of votes on the first ballot, the name of the other labor organization being omitted from the run-off ballot. The Board finds that the Company's Objections to the Election Report and Conduct of the Ballot do not raise substantial or mate- rial issues with respect to the conduct of the ballot or the Election Report. The Objections are hereby overruled. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- * At the hearing before the Trial Examiner the Company made motions to dismiss the petitions, urging in support thereof its contention concerning the application of the Act and the Board's jurisdiction. The Trial Examiner denied the motions. Thereafter the Company argued these points in a brief filed with the Board and at an oral argument before the Board. In its Decision the Board affirmed the Trial Examiner's ruling. 5 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 L. A. Nut House and United Cracker, Bakery & Confectionery Workers of America, 8 N. L. R. B. 502 ; Matter of Unit Cast Corporation and Steel Workers Organizing Com- mittee, 8 N. L. R. B. 831; Matter of Shell Oil Company and International Association of Oil Field, Gas Well, and Refinery Workers of America, 9 N. L. R. B. 908; Matter of Milwaukee Publishing Company and Milwaukee Newspaper Guild (C. 1. 0.), 11 N. L. It. B. 892; Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local No. 2573, 16 N. L. R. B. 476. StJic LIFE INS'URAI\NCE COMPANY OF AMERICA 827 lations Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that Industrial and Ordinary Insurance Agents Union No. 21354, Industrial and Ordinary Insurance Agents Council, has been designated by a majority of the insurance agents of Sun Life Insurance Company of America, in its Washington, District of Columbia, office, including debit collectors and canvassers, but excluding assistant managers, district managers, and clerical and office employees, as their representatives for the purposes of collec- tive bargaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Industrial and Ordinary Insur- ance Agents Union No. 21354, Industrial and Ordinary Insurance Agents Council is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Certification of Representatives.