Illinois Tool Works

In the Matter of ILLINoIs TOOL WORKS and METAL TRADES DEPART- MENT OF THE AMERICAN FEDERATION OF LABOR, ELGIN, ILLINOIS Case No. R-17377 SUPPLEMENTAL DECISION AND ORDER June 1, 1940 On March 14, 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 as early as possible but not later than thirty (30) days from the date of the Direction, under the direction and supervision of the Regional Director for the Thir- teenth Region, (Chicago, Illinois) among all production and mainte- nance employees of Illinois Tool Works at its Elgin, Illinois, plant, including shipping and receiving-room employees, janitors, watch- men, and boilermen, who were employed by the Company during the pay-roll period next preceding the date of the Direction, including such employees who did not work during said pay-roll period be- cause they were ill or on vacation or temporarily laid off, but exclud- ing office employees, full-time clerical employees, and supervisory em- ployees, and also excluding employees who between such pay-roll date and the date of the election quit or were discharged for cause, to determine whether of not they wished to be represented for the pur- pose of collective bargaining, by Metal Trades Department of the American Federation of Labor. Pursuant to the Direction of Election, an election by secret ballot was conducted on April 4, 1940, under the direction and supervision of the Regional Director. On April 10, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. 1 21 N. L. R. B. 660. 24 N. L. R. B., No. 15. 292 ILLINOIS TOOL WORKS 293 As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote________________________________ 206 Total number of ballots cast________ ________________________ 183 Total number of votes cast for METAL TRADER DEPARTMENT Of the AMERICAN FEDERATION OF LABOR------------------------ 86 Total number of votes cast against METAL TRADES DEPARTMENT of the AMERICAN FEDERATION or LABOR_____________________ 95 Total number of challenged ballots__________________________ 2 Thereafter, pursuant to an extension of time granted by the Board, the Metal Trades Department filed with the Regional Director a motion to set aside the election of April 4, 1940, on the ground that the Company had, prior to the election, engaged in certain specified interference, restraint, and coercion; and for an order amending the Decision and Direction of Election herein so as to provide for an- other election at such time as the Board in its discretion might direct. The Regional Director considered the motion as Objections to the Election Report, investigated the matters contained therein, and issued and duly served upon the parties his Report thereon.2 Upon the entire record in the instant case we find that substantial and material issues are raised with respect to the conduct of the ballot. However, in view of the circumstances set forth below, we are of the opinion that a hearing upon such issues should not be directed and that the present proceeding should be dismissed without prejudice to the filing of a new petition by the Metal Trades Depart- ment for an investigation and certification of representatives. On November 27, 1939, prior to the filing of the petition herein, the Board issued a Decision and Order 8 in an unfair labor practice pro- ceeding involving the Elgin, Illinois, plant of Illinois Tool Works, which is the same plant as is involved in the instant case. In its Decision and Order the Board found that the Company had inter- fered with, restrained, and coerced its employees in the exercise of rights guaranteed by the Act, and ordered the Company to cease and desist from the unfair labor practices found and take certain affirma- tive action designed to effectuate the policies of the Act. The Re- gional Director has advised the Board that the Company has not com- plied with said Order. In view of the foregoing, no purpose would be served by further proceedings in the instant case. 2 On April 22, 1940, the Metal Trades Department filed a motion containing no specifica- tions of improper conduct by the Company. Thereafter, on April 25, 1940, the Metal Trades Department filed a document, styled a "Brief," setting forth the alleged acts of interference, restraint, and coercion. We shall treat this document, as did the Regional Director, as an amplification of the original motion, and as together constituting Objections to the Election Report. 8 Matter of Illinois Tool Works, a corporation and International Association of Machin- ists, affiliated with the A. F. of L., 17 N. L. R. B. 1016. The case arose upon charges filed by the International Association of Machinists, which is one of the constituent craft unions of the Metal Trades Department. 283035-42-vol. 24-20 294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 an investigation and certification of representatives of employees of Illinois Tool Works, at its Elgin, Illinois, plant, filed by Metal Trades Department of the American Federation of Labor, be, and it hereby is, dismissed without prejudice.