All Steel Welded Truck Corp.

National Labor Relations Board - Board Decisions

Mar 14, 1942

39 N.L.R.B. 810 (N.L.R.B. 1942)

In the Matter of ALL STEEL WELDED TRUOK CORPORATION and INTER-
NATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT, AND AGRIGUL-
TURAL IMPLEMENT WORKERS OF AMERICA, LOCAL - 810, AFFILIATED
WITH THE C. I. O.
Case No. R-3280
SUPPLEMENTAL DECISION
IAND
CERTIFICATION OF REPRESENTATIVES
March 14, 1912
On December 12, 1941, the National Labor Relations Board issued
its Decision and Direction of Election' in the above-entitled pro-
ceeding. Pursuant to the Direction of Election, an election by secret
ballot was conducted on January 5, 1942, under the direction and
supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois). On January 8, 1942, the Regional Director, act-
ing 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 an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible -------- ------------------------------ 25
Total number ballots cast __________________________________2240
Total number ballots challenged_____________________________ 15
Total number blank ballots_________________________________ 0
Total number void ballots____________________________` _____ 0
Total number valid votes cast_______________________________ 22
Total number ballots cast for International Union, United
Automobile, Aircraft, and Agricultural Implement Workers
of America, Local 810, C. I. 0_____________________________ 14
Total number ballots cast against International Union, United
Automobile, Aircraft, and Agricultural Implement Workers
of America, Local 810, C. I. O_____________________________ 8
The Regional Director recommended in his Report that the chal-
lenges to eleven of the ballots be sustained on the ground that the
1 37 N. L. R. B 521.
2 On objection the Regional Director reported that 40 was a clerical error and that the
figure should be changed to 37.
39 N. L. R. B., No 156.
810
N
ALL STEEL WELDED TRUCK CORPORATION 811
employees involved had clearly been excluded from the unit by the
terms of the Direction of Election. Since the four other' challenged
ballots could not affect the outcome of the election the Regional
Director recommended that they be not opened.
On January 12, 1942, twenty-five employees of the All Steel
Welded Truck Corporation, hereinafter called the Company, filed a
petition protesting the conduct of the ballot and the Election Report.
The Regional Director treated this as an Objection to the Election
Report. The objections were on the grounds, that (1) of the 37
employees who voted only 14 have signified their desire to be repre-
sented by International Union, United Automobile, Aircraft, and
Agricultural Implement Workers of America, Local 810, affiliated
with the C. I. O.' hereinafter called Local 810, that (2) the Board
allowed a C I. O. organizer to be near the polls before and during the
election, that (3) those who quit voluntarily or who had been dis-
charged were allowed to vote, that (4) threats were voiced regarding
the outcome of the election, that (5) electioneering was done in loud
voices during the election, and that (6) as indicated by-the 25 signa-
tures the election does not represent the desires-of the majority of
the employees of the Company.
On' February 27, 1942, the Regional Director issued a Report' on
Objections to the Conduct of the Secret Ballot and Election Report,
copies of which were duly served upon the parties. In respects t6
allegations 2, 3, 4, and 5, as set forth above, the Regional Director
found that the Objections did not raise substantial and material'
issues with respect to the conduct of the ballot or to the Election
Report. In respect to allegation 1, above, the Regional Director
reported that of the 37 employees mentioned, 12 are employed in'
positions specifically excluded from the appropriate unit in the De-
cision and Direction of Election; that of the remaining 25 eligible
employees, 22 cast valid ballots and 3 did not vote; and that 14 of
the 22 voted for Local 810. In respect to allegation 6, above, the
Regional Director found that of the 25 employees who signed the
petition, 13 were not eligible to vote under the terms of the Decision
and Direction of Election ; and that of the 12 who were eligible
to vote and who signed the petition, 3 stated that they have since
unsuccessfully tried to revoke their signatures (one of the 3 also stated
that the purpose of the petition was misrepresented to him), 2 stated
that they signed in fear of discharge (one of the 2 also stated that
the purpose of the petition was misrepresented to him), and 1 stated
that he signed because of a misrepresentation as to the purpose of the
petition. The Regional Director concluded that Objections 1 and 6,
as above set forth, did not raise substantial and material issues in
respect to the conduct of the ballot or to the Election Report.
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We have fully considered the Objections and the Regional
Director's Report thereon, and find the Objections raise no substan-
tial or material issues with respect to the conduct of the ballot or to
the Election Report. The Objections are hereby overruled.
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 CERTIFIED that International Union, United Auto-
mobile, Aircraft, and Agricultural Implement Workers of America,
Local 810, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of all production and
maintenance employees and truck drivers of All Steel Welded Truck
Corporation, Rockford, Illinois, but excluding office and clerical,
engineering, supervisory employees, and, shipping clerks as their
representative for the purposes of collective bargaining, and that,
pursuant to the provisions of Section 9 (a) of the National Labor
Relations Act, International Union, United Automobile, Aircraft,
and Agricultural Implement Workers of America, Local 810, affili-
ated with the Congress of Industrial Organizations, is the exclusive
representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.