Aluminum Co. of America

In the Matter of ALUMINUM COMPANY OF AMERICA and INTERNATIONAL UNION, UNITED AUTOMOBILE WORHERs OF AMERICA , ALCOA UNIT No. 808, C. I. O. Case. No. R4443. THIRD SUPPLEMENTAL DECISION July 3, 1941 On April 19, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceedings,' and on April 28, 1941, an Amendment to Direction of Elections.2 In the Decision and Direction of Elections, the Board stated : - There will be no final determination of the appropriate unit or units pending the results of the elections. Such of. the groups as do not choose the U. ,A. W. will constitute separate and distinct appropriate units and such as do choose the U. A. W. will consti- tute, a single appropriate unit. Pursuant to the Direction of Elections, as amended, elections by secret ballot were% conducted on April 30, 1941, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, .California). On May 1, 1941, the Regional Director prepared and duly served on the parties an Election Report showing, inter alia, that neither International Union, United Automobile Work- ers of America, Alcoa Unit No. 808, C. I. 0., herein called the U. A. W., nor International Association of Machinists; Lodge No. 311, herein called the I. A. M., had received a majority of the votes cast among the maintenance mechanics and machinists. On May 31,1941,,pursuant to a request by the U. A. W. and the I. A. M., the Board issued a Supplemental Decision and Second Direction of Election,' directing a run-off election among the maintenance mechanics and machinists. On June 17, 1941, the Board issued a Second Supplemental Decision and Certification of Representatives.4 The Board stated therein : We believe that certifications of the bargaining representatives chosen by the employees in these elections should not await a 131 N. L. R. B. 90. 2 31 N. L.. R. B. 98. 2 32 N. L . R. B. 235. 4 32 N. L. R. B. 237. 33 N. L. R. B., No. 28. 130 ALUMINUM' COMPANY OF AMERICA,' 131: determination of the question raised by the maintenance mechan- ics and machinists. We shall therefore now enter certifications applicable to employees other than the Company' s maintenance mechanics and machinists. The certification of the U. A. W.: will. not, of course, preclude the possibility that the U. A. W. may be certified as the bargaining agent for a larger unit following our determination regarding_ the maintenance mechanics and ma chinists.^ On June Ill 1941, pursuant to the Supplemental Decision and Second Direction of Election, an election by secret ballot was conducted among the maintenance mechanics and machinists. On June 12, 1941! the Regional Director, acting pursuant to Article III; Section 9, . of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served on the parties his Election Report,. setting forth the following results of the aforesaid election : Total on eligibility list -------------------------------------- 81 Total ballots cast___________________________________________ 71 Total ballots challenged ------------------------------------.. Total blank ballots__ ________________________________________ 0 Total void ballots_- ------------------------------------------ 41 Total ballots not counted ----- ---- .------------------------- 41 Total ballots counted________________________________________ 30 Total votes for International Association of Machinists, Lodge No. 311--------------------------------------------------- 15 Total votes for International Union, United Automobile Workers of America, Alcoa Unit No. 808, C. I. O --------------------- 15 No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. Since the results of the, foregoing election show that no collective bargaining representative has been selected by a majority of the maintenance mechanics and machinists, we shall not certify any bargaining representative for such employees.. MR. EDWIN S. SMITH, dissenting : Since the I. A. M. was not chosen by a majority of the maintenance mechanics and machinists, for the reasons stated in Matter o f The Cudahy Packing Cornpany,' I would certify the U. A. W. as the. collective bargaining representative of ouch employees. 6Matter of The Cudahy Packing Company and Local 55, United Packinghouse , Workers of America, of Packinghouse Workers Organizing Convmittee, C. I. -O., 32 N. L. R. B. 72. 450122-42-vol. 33-10