Chicago Molded Products Corp.

National Labor Relations Board - Board Decisions

Jul 13, 1943

51 N.L.R.B. 313 (N.L.R.B. 1943)

In the Matter of CHICAGO MOLDED PRODUCTS CORPORATION and RUBBER
AND PLASTIC WORKERS' UNION, LOCAL 20911, AFFILIATED WITH
A. F. OF L.
Case No. R-5124
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 13,1943
On May 11, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.'
Pursuant to the Direction of Election, an election by secret ballot was
conducted on June 2, 1943, under the direction and supervision of the
Regional Director for the Thirteenth Region (Chicago, Illinois). On
June 3, 1943, the Regional Director, acting pursuant to Article III,
Section 10, of National Labor Relations Board Rules and Regula-
tions-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 :
i
Approximate number of eligible voters_________ ______________ 632
Total ballots cast___________________________________________ 472
Total ballots challenged_____________________________________ 2
Total void ballots__________________________________________ 3
Total valid votes counted____________________________________ 468
Votes cast for Independent Plastic Workers' Union ------------
Votes cast for Rubber and Plastic Workers' Union, Local 20911,
154
affiliated with the A. F. of L_______________________________ 265
Votes cast for neither_______________________________________ 49
Thereafter, on June 9, 1943, Independent Plastic Workers' Union,
herein called the Independent, filed objections to the election. The
objections are summarized as follows:
1. That a majority of the employees eligible to vote did not select
the A. F. of L. as their bargaining representative and therefore the
Board should order a run -off election between the A. F. of L. and the
Independent to determine the true choice of the employees affected.
1 49 N. L. R. B. 756.
51 N. L. R. B., No. 64.
313
314 DECISIONS OF NATIONAL LABOR RELArrIONS BOARD
O
2. That on the day before the election, the A. F. of L.'s attorney,
conspiring with three employees of the Company, instituted a vicious
and slanderous suit falsely attacking the Independent. This suit was
exploited in an A. F. of L. bulletin designed to influence the employees
who voted in the election.
On June 23, 1943, the Regional Director issued a Report on Objec-
tions in which he found the contentions of the Independent to be
without merit.
As to the first objection made by the Independent, it is well settled
that a choice made by a majority of those voting in an election directed
by the Board is sufficient for certification even though such employees
do not constitute a majority of those eligible to vote, subject only to
the qualification that a representative number of eligible voters par-
ticipate. In this case, it is plain that the vote was representative,
since 75 percent of the eligible voters cast ballots. The second objec-
tion made by the Independent is of no moment in this case. There
is no evidence indicating that the suit alluded to by the Independent
was maliciously instituted at the behest of the A. F. of L., nor do any
of the statements contained in the bulletin, referred to, which is the
usual type of literature distributed by parties to an election, raise
issues material to the conduct of the ballot or the Election Report.
We find that the objections raise no substantial or material issue with
respect to the conduct of the election or the Election Report, and they
are hereby overruled.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Rubber and Plastic Workers' Union,
Local 20911, affiliated with the A. F. of L., has been designated and
selected by a majority of all production and maintenance employees
of the Chicago Molded Products Corporation, Chicago, Illinois, in-
cluding factory clerical employees, but excluding executives, super-
intendents, foremen and assistant foremen, janitors, employees hired
for training purposes, employees in the customers' sales department,
watchmen, guards, laboratory employees, and general office clerical
employees, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the Act, Rubber and
Plastic Workers' Union, Local 20911, affiliated with the A. F. of L., 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.