Wells-Lamont Smith Corp.

In the Matter Of WELLS-LAMONT SMITH CORPORATION and INTERNA- TIONAL GLOVE WORKERS OF AMERICA LOCAL 103, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR and BEARDSTOWN ASSOCIATION OF GLOVE WORKERS Case No. R-1869 Investigation and Certification of Representatives : run-off election directed. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION October 3, 1940 On July 2, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled proceeding,' directing that an election by secret ballot be con- ducted among certain employees of Wells-Lamont Smith Corporation, Beardstown, Illinois, to determine whether they desire to be repre- sented by Local Union No. 103, affiliated with the American Federation of Labor, or by Beardstown Association of Glove Workers, for the purposes of collective bargaining, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted,on July 16, 1940, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On July 22, 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. As to the balloting and its results, the Regional Director reported as follows: , Total number on eligible list_______________________________ 140' Total number of ballots cast_______________________________ 139 Total number of ballots cast for Association_________________ 64 Total number of ballots cast for A. F. L --------------------- 69 Total number of ballots cast for neitber_____________________ - 5 Total Homier of ballots challenged_________________________ 1 Total number of void ballots_______________________________ 0 Total number of blank ballots______________________________ 0 1 25 N L R B 21. 27 N. L. R. B., No. 120. 646 WELLS-LAMONT SMITH CORPORATION 647 The Regional Director further reported that the 'challenged ballot was cast by a supervisory employee and recommended that the chal- lenge be sustained. We hereby sustain the ruling of the Trial Examiner. On July 27, 1940, Local Union No. 103 filed Objections to Result of Election. On August 23, 1940, it withdrew its objections. On August 23, 1940, Local Union No. 103,,which had received the greatest number of votes, filed a formal request for a run-off election to be held by the Board. 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 one or the other of the two organizations to bargain collectively for them. Under these circumstances, we will, direct -a run-off election in which the eligibile employees will be given the opportunity to decide whether they desire to be represented by Local Union No. 103, affiliated with the American Federation of Labor, or the Beardstown Association of Glove Workers, 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 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 Wells-Lamont Smith Corporation, Beardstown, Illinois, an elec- tion 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direction issued on July 2, 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by Local Union No. 103, affiliated with the American Federation of Labor,. or by Beardstown Association of Glove Workers, for the purposes of collective bargaining. 648 DECISIONS -OF NATIONAL LABOR. RELATIONS- BOARD MR. WILLIAM M. LEISERSON, concurring : For reasons explained in- my dissenting -opinions,' I cannot agree with the policy of the Board in ordering run-off elections. In the absence of, a third member of the Board at the present time, however, I feel that proper administration of the Act requires my, adherence to the Board's established practice until that practice can be reconsidered by a three-member Board. Accordingly, I concur in the direction of this run-off election. 2 Matter of Coos Bap Lumber Co and Lumber and Sawmill Worlers Union , 16 N L R B. 476; Matter of R K LeBlond Machine Toot Co , Cincinnati Elcctrncal Tool Co and Inde- pendent Employees Organization , 22 N L R B 465