American Scale Co.

In the Matter of AMERICAN SCALE COMPANY AND FRANK DAVENPORT and LOCAL #149, INTERNATIONAL MOLDERS UNION OF NORTH AMERICA, AFFILIATED WITH TIIE AMERICAN FEDERATION OF LABOR Case No. R-1644 SUPPLEMENTAL DECISION AND ORDER February 16, 1940 On January 8, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' The Direction of Election provided that an election by secret ballot be conducted within, thirty (30) days from the date of the Direction among all the foundry employees of Ameri- can Scale Company and Frank Davenport, Pleasant Hill, Missouri, in- cluding molders, core makers, helpers, and the cupola tender, and excluding the foreman, who were employed during the pay-roll period immediately preceding the date of the Direction, including employees who did not work during such pay-roll period because they were ill, on vacation, or temporarily laid off, but excluding employees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by Local #149, International Mold- ers Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining. Pursuant to the Direction, the election by secret ballot was held on January 27, 1940, at Pleasant Hill, Missouri, under the direction and supervision of the Regional Director for the Seventeenth Region. On January 29, 1940, the Regional Director, acting pursuant to Ar- ticle III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report containing a tally of the ballots. In his Report the Regional Director certified that the ballot was fairly and impartially conducted, that the ballots cast were duly and fairly counted under his supervision, and that statements to such effect had been filed with him by the observers. 1 19 N. L. R. B. 124. 20 N. L. R. B., No. 47. 400 AMERICAN SCALE COMPANY 461 As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list -------------------------------------- 15 Total.ballots,.cast------------------------------------------- 14 Total ballots challenged -------------------------------------- 0 Total blank ballots------------------------------------------ 0 Total void ballots-------------------------------------------- 0 Total valid votes cast ---------------------------------------- 14 Votes cast for Local #149, International Molders Union of ' North America, A. F. of L--------------------------------- 5 Votes cast against Local #149, International Molders Union of North America, A. F. of L-------------------------------- 9 No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees in the appropriate unit. The petition of Local #149, International Molders Union of North America, for investigation and certification of repre- sentatives of employees of American Scale Company and Frank Davenport will therefore be dismissed. ORDER . By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of American Scale Company and Frank Daveport, Pleasant Hill, Missouri, filed by Local #149, Inter- national Molders Union of North America, affiliated with the Ameri- can Federation of Labor, be, and it hereby is, dismissed.