Phelps Dodge Copper Products Corp.

In the Matter of PHELPS DODGE COPPER PRODUCTS CORPORATION, HABIRSHAW CABLE AND WIRE DIVISION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-2048 SUPPLEMENTAL DECISION AND DIRECTION OF RUN-OFF ELECTION November, 228, 1940 On October 9, 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 con- ducted among certain employees of Phelps Dodge Copper Products Corporation, Habirshaw Cable and Wire Division, Yonkers, New York, herein called the Company, to determine whether they de- sire to be represented for the purposes of collective bargaining by United Electrical, Radio & Machine Workers of America, C. I. 0., herein called the ,United, or by Local No. 3, International Brother- hood of Electrical Workers, A. F. of L., herein called the Brother- hood, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted on November 7, 1940, under the direction and super- vision of the Regional Director for the Second Region (New York City). On November 9, 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. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. 127 N.L. R. B. 729. 28 N. L. R. B., No. 32. 283297-41 167 168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the results of the balloting, the Regional Director reported as follows : Total number eligible to vote_________________________________ 643 Total number of ballot's cast----- ____________________________ 595 Total number of valid ballots________________________________ Total number of votes in favor of C. I. 0. United Electrical, 572 Radio & Machine Workers of America_____________________ 261 Total number of votes in favor of Local No., 3, International Brotherhood of Electrical Workers, A. F. of L_____________ 275 Total number of votes in favor of neither union--------------- 36 Total number of blank votes_________________________________ 1 Total number of void ballots___`______________________________ 0 Total number of challenged ballots___________________________ 22 On November-15, 1940, the United and the Brotherhood entered into a stipulation requesting that a run-off election be held by the Board in which the names of the two unions only were to appear on the ballot. The Company opposed this run-off election, and asked for oral argument before the Board in Washington, D. C. The Company's request is hereby denied. The Election Report reveals that neither competing organization received a majority of the votes cast but that a substantial majority of the employees voting desire one or the other of the two organiza- tions to bargain collectively for them. Under these circumstances, we shall direct a run-off election among the employees in the appro- priate unit in which the eligible employees will be given the oppor- tunity to decide whether they desire to be represented by the United or by the Brotherhood 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 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, it is hereby DIREOTF.D that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Phelps Dodge Copper Products Corporation, iIabir- shaw Cable and Wire Division, Yonkers, New York, an election shall be conducted as early as possible, but not later than thirty (30) days from the date of the Direction of Run-Off Election under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direction of Election issued on October 9, 1940, but, excluding those who have PHELPS DODGE CORPORATION 169 since quit or been discharged for cause, to determine whether. they desire to be represented for the purposes of collective bargaining by United Electrical, Radio & Machine Workers of America, C. I. O., or by Local No. 3, International Brotherhood of Electrical Workers, A. F. of L. MR. WILLIAM M. LEISERSON, concurring : For reasons explained in my dissenting opinions,2 I cannot agree ,to 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 re- considered by a third Board member. Accordingly, I concur in the direction of this run-off election. CHAIRMAN HARRY A.• MILms took no part in the consideration of the above Supplemental Decision and Direction of Run-Off Election. 2 Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local No. 2573, 16 N. L. R. B. 476; Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrsoai Tool Co. and Independent Employees Organization, 22 N. L. R. B. 465.