Hall-Aluminum Aircraft Corp.

In the Matter of HALL-ALUMINUM AIRCRAFT CORP. and INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. R-1681 Election Ordered : run-off. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION March 30, 1940 On March 1, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction in this proceeding,' directing that an election by secret ballot be conducted among certain employees of Hall-Aluminum Aircraft Corporation, herein called the Company, to determine whether they desired to be represented for the purposes of collective bargaining by International Association of Machinists, herein called the I. A. M.; by Local Number 479, United Automobile Workers of America, herein called the U. A. W.; or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted on March 12, 1940, under the direction and supervision of the Regional Director for the Fourth Region (Philadelphia, Penn- sylvania). On March 15, 1940, the Regional Director, acting pur- suant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report, setting forth the results of the election, including his disposition of the challenged ballots. As to the results of the balloting, the Regional Director reported as follows : Total eligible to vote---------------------------------------- 131 Total ballots cast------------------------------------------- 120 Total ballots cast for International Association of Machinists, affiliated with American Federation of Labor---------------- 44 Total ballots cast for Local Number 479, United Automobile Workers of America, affiliated with Congress of Industrial Organizations -------------------------------------------- 38 121 N L R B 17 22 N. L. R. B , No. 18 472 HALL-ALUMINUM AIRCRAFT CORP. 473 Total ballots cast for neither--------------------------------- 37 Total blank ballots------------------------------------------ 1 Total void ballots------------------------------------------ 0 Total challenged ballots------------------------------------- 5 No objections to the conduct of the ballot 'or to the Election Report have been filed by any of the parties. The I. A. M., which received a plurality in the election, has requested a run-off election to deter- mine whether or not the employees desire to be represented by the I. A. M. for the purposes of collective bargaining. The Election Report reveals that neither of the competing labor organizations received a majority of the votes cast, but that a sub- stantial majority of the employees voting desire to be represented by a labor organization for the purposes of collective bargaining with the Company. The procedure in run-off elections, under such circum- stances, has been modified by the Board, for reasons separately stated by a majority of its members, in Matter of R. K. Le Blond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization,2 so that the ballot shall contain the names of both labor organizations but no place in which to vote again for "neither"; the organization receiving the higher number of votes to be certified as exclusive bargaining representative. Accordingly, the Board will direct a run-off election in which the employees will be given the opportunity to decide whether they desire to be represented by the I. A. Al. or by the U. A. W. for the purposes of collective bargaining. The request of the I. A. M., in so far as it would exclude the U. A. W. from the ballot and limit the election to a determination of whether or not the I. A. M. should be the representative, is hereby 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, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Hall-Aluminum Aircraft Corporation, Bristol, Pennsylvania, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision of the Regional Di- rector for the Fourth Region, acting in this matter as agent for the 2 Decided this day, 22 N. L R. B, 465. 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direction of Election issued March 1, 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented for the purposes of'collective bargaining by International Association of Machinists, affiliated with American Federation of Labor, or by Local Number 479, United Automobile Workers of America, affiliated with Congress of Industrial Organ- izations. MR. WILLIAM M. LEISERSON, concurring in part and dissenting in part : I hold to my opinion in the R. K. Le Blond 3 case that the Board is not authorized by the Act to order a run-off election at all, but that since the majority does direct one, the ballot should contain only the names of the two organizations which have been designated by employees to represent them for collective bargaining, and no place to vote for "neither." CHAIRMAN MADDEN, concurring in part and dissenting in part : Adhering to the views expressed in my opinion in the B. K. Le Blond case, I think the Board should permit the eligible employees to vote, as under the former run-off election procedure, for or against the I. A. M., which received a plurality of the votes in the original election. 8 See also my dissenting opinion in Matter of Coos Bay Lumber Company and Lumber and Saavniill Worlers Union Local No. 2573,16 N. L. R. B. 476.