Hatfield Wire & Cable Co.

In the Matter of HATFIELD WIRE & CABLE COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A . F. OF L. Case No. R-.647 SUPPLEMENTAL DECISION AND ORDER September 17, 1941 On July 18, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled proceeding.' Pursuant to the Direction of Election, an elec- tion by secret ballot was conducted on July 30, 1941, by the Regional Director for the Second Region (New York City) among all produc- tion and maintenance employees of Hatfield Wire & Cable Company at its Hackettstown, New Jersey, plant, excluding supervisory and 'clerical employees, to determine whether they desired to be repre- sented for the purposes of collective bargaining by United Electrical, Radio & Machine Workers of America, Local No. 403, affiliated with the Congress of Industrial Organizations, herein called the United, or by International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, herein called the I. B. E. W., or by neither. On August 2, 1941, the Regional Director, acting pur- suant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties her Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. -As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote ______________________________ 80 Total number of ballots cast_______________________________ 82 Total number of valid ballots ______________________________ 71 Total number of votes cast in favor of United Electrical, Radio & Machine Workers of America, Local No. 403, affiliated with the Congress of Industrial Organizations ____________ 44 1 33 N. L. R. B. 533. 35 N. L R. B., No. 103 462 HATFIELD WIRE & CABLE COMPANY 463 Total number of votes cast in favor of International Brother- hood of Electrical Workers, affiliated with the American Federation of Labor____________________________________ 22 Total number of votes in favor of neither union _____________ 0 Total number of void ballots _______________________________ 0 Total number of challenged votes___ ________________________ 11 Since the number of challenged ballots cannot affect the result of the election, we need not consider them. In its Decision the Board made no final determination as to the appropriate unit.2 The Board there stated that if the employees voting in the,election selected the I. B. E. W. as their representative, they would constitute a separate appropriate unit; if they chose the United as their representative, the Board would dismiss the petition for the reason that certification would not be necessary in view of the existing contract between the United and the Company. The results of the election show that the employees have designated the United as their collective bargaining representative. We shall therefore dismiss the petition for investigation and certification of representatives filed by the L` B. E. W. ORDER By virtue of 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 ORDERED that the petition for investigation and certifi- cation of representatives of employees of Hatfield Wire & Cable Com- pany, Hackettstown, New Jersey, filed by International Brotherhood of Electrical Workers, A. F. of L., be, and it hereby is, dismissed. 2 The Company operates two plants , one at Hillside and the other at Hackettstown, New Jersey. The I. B E W. on a consent election held among the employees of the Wire and Cable Division at the Hillside plant on July 9, 1940 Thereafter, pursuant to the terms of the agreement for the conduct of the consent election , the Company and the United signed a closed -shop contract on October 11, 1940, to be in effect until June 1, 1941, covering all production and maintenance employees at the Hackettstown and Hillside plants, except employees in the Wire and Cable Division at the Hillside plant. Thereafter, the contract was extended by the parties pending disposition of this proceeding On December 3, 1940, the Company entered into a similar contract with the I. B. E. W to be effective until April 1, 1942, covering all employees in the Wire and Cable Division at the Hillside plant.