General Motors Corp.

In the Matter of FRIGIDAIRE DIVISION, GENERAL MOTORS CORP.; DAY- TON; OHIO, and LOCAL 801 , UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA AFFILIATED WITH' THE CIO Case No. R-1830 SUPPLEMENTAL DECISION AND DIRECTION OF RUN-OFF ELECTION August 2, 1940 On June 20, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding,' directing that an election by secret ballot be conducted among certain employees of Frigidaire Division, General Motors Corp., Dayton, Ohio, herein called the Company, to determine whether they desire to be represented by United Elec- trical, Radio & Machine Workers of America, Local 801, C. I. 0., herein called the United or by Dayton Independent Union of Dayton, Ohio, herein called the Independent, for the purposes of collective bargaining, or by neither.2 Pursuant to one of the Directions of Elections, an election by secret ballot was conducted on July 17,^ 1940, under the direction and supervision of the Regional Director for the Ninth Region (Cln= cinnati, Ohio). On July 22, 1940, the Regional Director, acting pursuant 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. 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 of the results of the election. As to the results of the balloting, the Regional Director reported as follows: Number of alleged eligible voters- 9,099 Number of ballots placed in ballot box___________________ 8,226 Number of unchallenged ballots for Local 801, United Elec- trical Radio & Machine Workers of America------------ 3,926 124N L. R.B.,853 2 The Board also directed an election among the pattern makers We are not concerned with that elec- tion at this time. 26 N L. R. B. No. 6. 69 32'3429-42-vol. 2G-6 70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Number of unchallenged ballots for Dayton Independent Union of Dayton, Ohio----------------------- 2, 346 Number of unchallenged ballots for neither--------------- 1,703 Number of challenged ballots--------------------------- 210 Number of blank ballots-------------------------------- 25 Number of spoiled ballots------------------------------ 36 The Regional Director further reported that the United,, the only organization that could in anywise benefit from the counting'of the challenged ballots, withdrew, without prejudice, its right to rulings upon the 210 challenged ballots. On July 20, 1940, the United, which had received the greatest number of votes, filed a formal request for a run-off election to be held by the Board. On July 26, 1940, the Independent filed objec- tions to a run-off election in this matter. On July 30, 1940, the United filed an answer to the objections of the Independent. We have considered the objections filed by the Independent and find them to be without merit. 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 desired one or the other of the two organizations to bargain collectively for them in ac cordance with the practice established in the Matter of R. K. LeBlond, Machine Tool Co., Cincinnati Electrical' Tool Co. and Independent Employees Organization,' 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 Electrical,: Radio & Machine Workers of America, Local 801, C. I. 0., or by Dayton Independent Union of Dayton, Ohio, for the purposes of collective bargaining. DIRECTION OF RUN-OFF 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Frigidaire Division, General Motors Corporation, Dayton, 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 Direction of Run-Off Election, under the direction and super- vision of the Regional Director for the Ninth Region, acting in this matter as agent for the National Labor Relations Board, and sub- 3 22 N. L. R. B. 465. GENERAL MOTORS CORPORATION-FRIGIDAIRE DIV. 71 ject to Article III, Section 9, of said Rules and Regulations, among the employees described in paragraph 2 of the Direction of Election issued on June 20, 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by United Electrical, Radio & Machine Workers of America, Local 801, C. I. 0., or by Dayton Independent Union of Dayton, Ohio, 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 niy opinion in the R. K. LeBlond case.4 CHAIRMAN MADDEN, concurring nl part and dissenting in part: For the reasons stated in my opinion in the R. K. LeBlond case,' 1 would have the run-off election ballot provide only for a vote for or against United Electrical, Radio & Machine Workers of America, Local,801,-C. I. 0., which received a plurality in the original election. 4Matter of R K LeBlohd Machine Tool Co , Cincinnati Electrical Tool Co. and Independent Employees Organization, 22 N. L R. 'B 465 See also my dissenting opinion in Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local No 2573, 16 N. L R B 176 6Matter of R K LeBlond Machine Tool Co , Cincinnati Electrical Tool Co and Independent Employees Organization , 22 N. L R B 465