The Metropolitan Body Co.

In the Matter of THE METROPOLITAN BODY COMPANY, and THE INDEPENDENT AUTO BODY WORKERS' UNION OF CONNECTICUT Case No. R-2331 Investigation and Certification of Representatives : run-off election directed. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION May 9, 1941 On March 20, 1941, 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 The Metropolitan Body Company, herein called the Company, at its Bridgeport, Connecticut, plant, to deter- mine whether they desired to be represented for the purposes of collective bargaining by The Independent Auto Body Workers' Union of Connecticut, herein called the Independent, or by United Auto Workers (C. I. 0.), herein called the U. A. W., or by neither. Pursuant to the Decision and Direction of Election, an election by secret ballot was conducted on April 8, 1941, under the direction and supervision of the Regional Director for the Second Region (New York City). On April 19, 1941, 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 on the parties her Election Report. The Regional Director reported that after the polls were closed, the ballots were counted, and the result was as follows : Total number eligible to vote------ ---------------------- 198 Total number of ballots cast----------- ------------------ 176 Total number of valid ballots ---------------------------- 174 Total number of votes in favor of The Independent Auto Body Workers' Union of Connecticut-------------------- 79 Total number of votes in favor of United Auto Workers (C. I. 0.)---- -------------------- ---------------------- 87 Total number .of votes in favor of neither union- --- ------ 8 Total number of blank votes ------------------------------ 1 Total number of void ballots----------------------------- 0 Total number of challenged, votes------------------------ , 1 3 30 N. L. R B. 463 31 N.,L. R. B., No 114 694 THE METROPOLITAN, BODY COMPANY 695 The Regional Director further reported that since the counting of the challenged, ballot appeared to be necessary to determine the result of the election, a conference was held on April 16, 1941, to investigate the status of said ballot. At such conference the parties agreed that three out of five mailed ballots which had been received in the meantime should be counted.2 As to the final result of the balloting, the Regional Director reported as follows : Total number eligible to vote----------------------------- 198 Total number of ballots cast------------------------------ 179 Total number of valid ballots------------------------------- 177 Total number of votes in favor of The Independent Auto Body Workers' Union 'of Connecticut-----I -------------- 82 Total number of votes in favor of United Auto Workers (C. I. O.)----------------------------------------------- 87 Total number of votes in favor of neither union------------- 8 Total number of blank votes------------------------------- 1 Total number of void ballots------------------------------ 0 Total number of challenged votes------------------------- 1 The disposition of the challenged ballot having become unnecessary to the determination of the result of the election, the Regional Director did not report or make any recommendation with respect thereto. No objections were thereafter filed to the Election Report. On April 16, 1941, the Independent and the U. A. W. entered into a stipulation requesting the Board to direct a run-off election among all those employees who were eligible to vote in the election conducted on April 8, 1941. On April 18, 1941, the Company notified the Regional office that it did not object to the holding of such a run-off election. Although neither of the competing labor organizations 'received a majority of the votes cast, the results of the election show that a substantial majority of the employees in question desire to bargain collectively with the Company. We shall direct a run-off election, in which such employees will be given an opportunity to decide whether they desire to be represented by the Independent or by the U. A. W. 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 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 2 The three ballots which were counted were postmarked before 2 p m , April 8, 1941, when the election began. 696 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with' The Metropolitan Body Company, Bridgeport, Connecticut, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30), days from the date of this Supplemental Decision and Second Direction of Election, under the direction and supervision of the. Regional Director for the Second 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 of Election issued March 20, 1941, but excluding those who have since quit or been discharged for cause, to determine whether- they desire to be repre- sented by the Independent Auto Body Workers' Union of Connecti- cut, or by United Auto Workers (C. I. 0.), for the purposes of collective bargaining.