033 NLRB 455
Fairchild Engine & Airplane Corp.
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.