Aluminum Company of America

National Labor Relations Board - Board Decisions

Apr 12, 1939

12 N.L.R.B. 237 (N.L.R.B. 1939)

In the Matter of ALUMINUM COMPANY OF AMERICA and ALUMINUM
EMPLOYEES ASSOCIATION
In the Matter of ALUMINUM COMPANY OF AMERICA AND ITS WHOLLY
OWNED SUBSIDIARY CAROLINA ALUMINUM COMPANY and INTERNA-
TIONAL UNION, ALUMINUM WORKERS OF AMERICA
Cases Nos. R-1020 and R-1021, respectively
Aluminum Manufacturing Industry-Supplemental Decision-Procedure as
to Run-off Election : practice of conducting successive run-off elections, where
two or more contestants appear on original ballot and result of election is
inconclusive ; organization receiving lowest number of votes to be eliminated
from each successive ballot until representative is selected by a majority or
majority signifies that none of contesting organizations is desired-Election
Ordered: original election vacated and new election ordered to afford the parties
an opportunity to participate with full knowledge of procedure set forth.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
April 12,1939
On November 18, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in
the above-entitled cases. The Direction of Election provided that
an election by secret ballot be held within fifteen (15) days from the
date of the Direction among the production and maintenance em-
ployees, time checkers, and weigh clerks at the Alcoa Works 2 on
the pay roll for the week including February 1, 1938, excluding
supervisors and office employees, watchmen, guards, office janitors,
farm and dairy employees, and those who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by the Aluminum Employees Association, herein called
the Association, International Union of Aluminum Workers of
America, affiliated with the Committee for Industrial Organization,
19 N. L.R.B 944.
2 The operations of the Aluminum Company of America, located at Alcoa, Tennessee,
and at Calderwood , Tennessee , and the power plants of Carolina Aluminum Company, its
wholly owned subsidiary , at Rymers Ferry, North Carolina , and Tapoco, North Carolina,
were collectively called the Alcoa Works in the above -mentioned decision and are so desig-
nated herein.
12 N. L. R. B., No. 34.
237
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the C. I. 0., the Aluminum Workers Union, Local No.
19104, affiliated with the American Federation of Labor, herein
called the A. F. of L., for the purposes of collective bargaining, or
by none of them. On November 29, 1938, at the request of the
Regional Director, the Board issued an Amendment to Direction of
Election 3 extending the date of the election by five (5) days.
Pursuant to the Direction, as amended, an election by secret ballot
was held on December 8, 1938, under the direction and supervision
of the Regional Director for the Tenth Region (Atlanta, Georgia).
On December 10, 1938, the said Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, issued and duly served upon the
parties an Intermediate Report on the election. No exceptions were
filed to the Intermediate Report.
As to the balloting and its results, the Regional Director reported
as follows :
1. Total number eligible---------------------------------- 4, 023
2. Total ballots cast-------------------------------------- 3,062
3. Total number ballots cast for Aluminum Employees Asso-
ciation----------------------------------------------- 1,279
4. Total number ballots cast for International Union, Alu-
minum Workers of America, affiliated with the C. I. O-_ 961
5. Total number ballots cast for Aluminum Workers Union,
Local No. 19104, affiliated with the A. F. of L---------- 708
6. Total number ballots cast for none of these labor organi-
zations ---------------------------------------------- 100
7. Total number challenged ballots------------------------ 6
8 Total number void ballots------------------------------ 6
9. Total number blank ballots----------------------------- 2
On December 12, 1938, the Association , which received the highest
number of votes, requested a run-off election . On December 14, 1938,
the C . I. 0., which received the second highest number of votes, filed
a motion requesting a run-off election between the Association and
itself. On December 19, 1938, the A. F. of L., which received the
lowest number of votes, filed a motion objecting to the inclusion of
the C. I . O. on the ballot in a run-off election , and requested oral
argument on the question , which the Board granted.
Pursuant to notice , a hearing was held before the Board on Feb-
ruary 9, 1939 , for the purpose of oral argument. The Association,
the A. F. of L., and the C. I. O. were represented by counsel and
argued in support of their respective motions.4
In an earlier case e involving comparable election results with three
3 ON. L R B. 951.
4 At the oral argument the Association stated that it desired the C . I. 0. to be included
on the ballot with it in a run-off election.
e Matter of Alunaznum Line, et at, 9 N. L it. B. 74.
ALUMINUM COMPANY OF AMERICA 239
rival labor organizations on the ballot we directed a run-off election
with only the organization receiving the highest number of votes
on the run-off ballot. In that case, however, no request was made
by either of the two defeated organizations to appear on the run-off
ballot and, hence, the issue presented here was not raised or con-
sidered. The Board has considered the arguments on the issues
presented in the instant case and has decided that in the future
where two or more contestants appear on the original ballot and the
result of the election is inconclusive, as here," to adopt the practice
of conducting successive run-off elections eliminating from each suc-
cessive ballot the organization receiving the lowest number of votes
in the preceding ballot until either a representative has been selected
by a majority or a majority has signified that none 7 of the contest-
ing organizations is desired as a representative for collective bargain-
ing. In order to afford the parties and voters an opportunity to
participate in this proceeding with full knowledge of the procedure
herein set forth, the Board has decided to vacate the election of
December 8, 1938, which was inconclusive, and to direct a new elec-
tion with all the original parties on the ballot," such election to be
followed, if necessary, by successive elections in accordance with the
procedure hereinabove set forth. Accordingly, the election of
December 8, 1938, is hereby vacated.
SECOND 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, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
D cTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Aluminum Company of America and Carolina Aluminum
Company, its wholly owned subsidiary, at the Alcoa Works, an elec-
tion by secret ballot shall be conducted within fifteen (15) days from
the date of this Supplemental Decision and Second Direction of
Election, under the direction and supervision of the Regional Direc-
tor for the Tenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
6In the instant case a majority of the voters indicated their desire to bargain collec-
tively through a representative , but no representative was selected by a majority.
4 The space on the ballot providing the voter with an opportunity to indicate that he
does not desire any of the named unions to represent him will remain on each successive
ballot. See Matter of Interlake Iron Corporation and Amalgamated Association of Iron,
Steel and Tin Worker" of North America, Local No. 1657, 4 N. L. R. B. 55.
8 In the previous election we used the pay roll including February 1, 1938 ; in the new
election we will use the same pay roll.
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9, of said Rules and Regulations, among the production and main-
tenance employees, time checkers, and weigh clerks at the Alcoa
Works on the pay roll for the week including February 1, 1938,
excluding supervisors and office employees, watchmen, guards, office
janitors, farm and dairy employees, and those who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by the Aluminum Employees Association, the In-
ternational Union, Aluminum Workers of America, affiliated with
the Committee for Industrial Organization, the Aluminum Workers
Union, Local No. 19104, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by none of them.
[ SAME TITLE ]
AMENDMENT TO SECOND DIRECTION OF ELECTION
April 04,1939
On April 12, 1939, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision and Second Direc-
tion of Election in the above-entitled proceeding, the election to be
held within fifteen (15) days from the date of the Second Direction of
Election, under the direction and supervision of the Regional Director
for the Tenth Region. The Board, at the request of the Regional
Director, hereby amends the Second Direction of Election issued on
April 12, 1939, by striking therefrom the words "within fifteen (15)
days from the date of this Supplemental Decision and Second Direc-
tion of Election," and substituting therefor the words "within twenty-
five (25) days from the date of this Supplemental Decision and Second
Direction of Election."
12 N. L. R. B., No. 34a.