Precision Castings Co., Inc.

In the Matter of PRECISION CASTINGS CO1'IPANY, INC. and NATIONAL ASSOCIATION OF DIE CASTING WORKERS, REGION No. 5, AFFILIATED WITH- THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1951 SUPPLEMENTAL DECISION AND ORDER September p26, 1940 On August 12, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Elec- tion, an election by secret ballot was conducted on August 26, 1940, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). On August 28, 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 an Election Report.. As to the balloting and the results thereof, the Regional Director reported as follows : Total number of employees eligible __________________________ 166 Total number of ballots cast__________________ ______________ 165 Total number of votes for National Association of Die Cast- ing Workers, Region No. 5________________________________ 67 Total number of votes against National Association of Die Casting Workers, Region No. 5_____________________________ 85 Total number of blank ballots ______________________________ 1 Total number of void ballots_^ ------------------------------- 0 Total number of challenged , votes --------------------- 12 On September 3, 1940, National Association of Die Casting Work- ers, Region No. 5, herein called the Union, filed with the Regional Director Objections to the Election Report. The Objections set forth were that Precision Castings Company, Inc., herein called the Company, during the election and prior to it, committed certain 1 26 N L. R B 528 27 N. L. It. B., No. 101. 491 492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD acts of interference; that Company foremen went from house to house- campaigning against the Union ; that officers of an alleged Company-dominated union committed other acts of interference; and that a Compay official posted -a notice urging all employees to vote. No complaint was made as to the actual -mechanics or conduct of the election. The Regional Director investigated the matters contained in the Objections and on September 13, 1940, duly served upon the parties- his Report on Objections based upon such investigation. He re- ported that on February 8, 1940, a complaint was issued by the Board on the basis of charges filed by the Union that the Company was engaging in certain unfair labor practices, and that after the issuance of the Intermediate Report of the Trial Examiner finding' that the Company had engaged and was engaging in such practices and recommending certain affirmative action, the Company refused to comply with the recommendations of the Trial Examiner. Although the Union originally was advised by the Regional Director that any representation proceeding should be postponed pending the final conclusion of the unfair labor practice proceedings, it none the less urged that the present proceeding go forward. Under the circum- stances, and in view of the Union's insistence on the election being held even though it believed the Company to be currently commit- ting unfair labor practices intended to make a free choice of repre- sentatives difficult, if not impossible, the Regional Director was of the opinion that such continuing unfair labor practices, if they in fact existed, did not provide any new material or substantial issue. We concur with the conclusion of the Regional Director. Upon the entire record in the case, including the Election Report, the Objections, and the Report on Objections, we find' that the Objections do not raise substantial and material issues with respect to the conduct of the ballot or the Election Report. The results of the election show that no collective bargaining representative has been selected by a majority of the employees in the appropriate unit. The_ petition of National Association of Die Casting Workers, Region No. 5, for investigation and certification of representatives of employees of Precision Castings Company, Inc., Lakewood, Ohio, will therefore be dismissed, without prejudice. 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, PRECISION CASTINGS COMPANY, INC. 493 IT IS HEREBY ORDERED that the petition for investigation and cer- tification of employees of Precision Castings Company, Inc., Lake- wood, Ohio, filed by National Association of Die Casting Workers, Region No. 5, affiliated with the Congress of Industrial Organiza- tions, be, and it hereby is, dismissed.