Linderme Tube Co.

In the Matter of LINDERME TUBE COMPANY and FEDERAL. LABOR UNION No. 22122, (A. F. of L.) Case No. R-1680 Election Ordered: run-off SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION April 17, 194.0 On February 19, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in this proceeding,' directing that an election by secret ballot be conducted among certain employees of Linderme Tube Company, herein called the Company, to determine whether they desired to be represented by Federal Labor Union No. 22122, (A. F. of L.), herein called the A. F. of L., or United Automobile Workers of America, Local 217, C. I. 0., herein called the C. I. 0., or by neither, for the- purposes of collective bargaining. Pursuant to the Direction of Election, an election by secret ballot was conducted on March 1, 1940, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). On March 5, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula.. tions-Series 2, as amended , prepared and duly served upon the parties an Election Report, setting forth the results of the election. No objections were made by any of the parties to the conduct of the election or to the accuracy of the Regional Director's report on the results of the election. As to the results of the balloting, the Regional Director reported as follows : Total number eligible to vote________________________________ 115 Total number of ballots cast________________________________ 111 Total number of challenged ballots__________________________ 0 Total number of blank ballots_______________________________ 0 Total number of void ballots________ ________________________ 0 3 22 N. L. R B 465 22 N. L. R. B., No. 82. 1016 LINDERME TUBE COMPANY 1017 Total number of valid votes cast--------------------------- 111 Total number of votes for Federal Labor Union No. 22122, (A. F. of L )--------------------------------------------- 50 Total number of votes for United Automobile Workers of America Local 217 (C. I. 0.) ------------------------------ 55 Total number of votes for neither---------------------------- 6 On March 5, 1940, the C. I. 0., which had received the greater number of votes, filed a formal request for a run-off election to be held by the Board. On March 22, 1940, the A. F. of L. filed objec- tions to a run-off election with only the C. I. O. on the ballot 2 and requested that its name be included on any run-off ballot. The Election Report reveals that neither of the competing labor organizations received a majority of the votes cast, but that a substan- tial majority of the employees voting desire one or the other of the two organizations to bargain collectively for them. In accordance with the practice established in Matter of B. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization '3 the Board will direct a run-off election in which the eligible employees will be given the opportunity to decide whether they desire to be represented by United Automobile Workers of America Local 217, C. I. 0., or by Federal Labor Union No. 22122, (A. F. of L.), for the purposes of collective bargaining. - 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 Re- lations 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 DmEcTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Linderme Tube Company, Euclid, Ohio, 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 Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regula- tions, among the employees described in the Direction of Election issued February 19, 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by United Automobile Workers of America Local 217, 2 On March 7, 1940, the A. F. of L. notified the Board by telegram of its intention to file such objections. ' 22 N. L. R B. 465. 1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD C. I. 0., or by Federal Labor Union No. 22122, (A. F. of L.), for the purposes of collective bargaining. MR. WILLIAM M. LEISERSON, concurring in part and dissenting in part : My views with respect to the run-off election herein directed are the same as those expressed in my opinion in the R. K. LeBlond case.4 CHAIRMAN MADDEN, concurring in part and dissenting in part : For the reasons stated in my opinion in the R. K. LeBlond case,5 I would have the run-off ballot provide only for a vote for or against the C. I. 0., which received a plurality in the original election. +Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and Inde- pendent Employees Organization, 22 N L R B 465 See also my dissenting opinion in Matter of Coos Bay Lumber Company and Lumber & Sawmill Workers Union Local No. 2573, 16 N L R. B. 476 See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization, 22 N. L R. B 465