033 NLRB 455

Fairchild Engine & Airplane Corp.

Last amended: 1941Year: 1941Length: 707 wordsOfficial source
In the Matter of FAIRCHILD AIRCRAFT DIVISION OF FAIRCHILD ENGINE & AIRPLANE CORPORATION and INTERNATIONAL ASSN. OF MACHINISTS (AFL) Case No. R-92520 Investigation and Certification of Representatives : successive rum-off election directed. SUPPLEMENTAL DECISION AND THIRD DIRECTION OF ELECTION July 15,1941 On May 13, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled proceeding 1 directing inter alia that an election by secret ballot be conducted among certain employees of Fairchild Aircraft Division of Fairchild Engine & Airplane Corporation, Hagerstown, Maryland, herein called the Company, to determine whether they desired to be represented by International Association of Machinists (AFL), herein called the I . A. M., by Independent Aircraft Workers, Inc., unaffiliated , herein called the Independent , or by United Auto- mobile Workers of America, Aircraft Division , affiliated with the Congress of Industrial Organizations , herein called the United, for the purposes of collective bargaining or by none of these labor organizations. Pursuant to the Decision and Direction of Election , an election by secret ballot was conducted among such employees on May 28, 1941, under the direction and supervision of the Regional Director for the Fifth Region (Baltimore, Maryland). No party having received a majority of the total ballots cast , on June 10, 1941, the Board issued a Supplemental Decision and Direction of Election 2 directing inter alga that a second election be held among the employees described in the Direction of Election issued on May 13, 1941, to determine whether they desired to be represented by the I. A. M., by the Independent, or by the United , for the purposes of collective bargaining. Pursuant to the Supplemental Decision and Direction of Election, the Regional Director conducted an election by secret ballot among 1 31 N. L. R. B. 833. 232 N. L. R. B 497. 33 N. L. R. B., No. 83. 455 456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD such employees on June 27, 1941. On June 28, 1941, 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 his Election Report, setting forth inter alia the following results of the aforesaid election : Total on eligibility list____________________________________ 1,163 Total ballots cast----------------------------------------- 1,050 Total ballots challenged----------------------------------- 6 Total blank ballots_______________________________________ 7 Total void ballots_________________________________________ 5 Votes cast for International Association of Machinists (AFL) ------------------------------------------------- 287 Votes cast.for Independent Aircraft Workers, Inc., unaf&li- ated --------------------------------------------------- 452 Votes cast for United Automobile Workers of America, Air- craft Division (CIO) ------------------------------------ 305 Inasmuch as the run-off election indicates again the overwhelming desire of the employees of the Company for collective bargaining, 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 United for the purposes of collective bargaining. THIRD 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 ascertain representatives for the purposes of collective bargaining with Fairchild Aircraft Division of Fairchild Engine & Airplane Corporation, Hagerstown, Maryland, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days, from the date of this Third Direction of Election under the direction and supervision of the Regional Director for the Fifth 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 on May 13, 1941, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be repre- sented by Independent Aircraft Workers, Inc., unaffiliated, or by United Automobile Workers of America, Aircraft Division, affiliated with the Congress of Industrial Organizations, .for the purposes of collective bargaining.