Fedders Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 12, 1938

5 N.L.R.B. 269 (N.L.R.B. 1938)

In the Matter of FEDDERS MANUFACTURING COMPANY and LODGE No.
1753, AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS
OF NORTH AMERICA, THROUGH THE STEEL WORKERS ORGANIZING
COMMITTEE
Case No. R-258
CERTIFICATION OF REPRESENTATIVES
February 12, 1938
By Decision dated October 15, 1937,1 the National Labor Relations
Board, as part of the investigation authorized to ascertain representa-
tives for the purposes of collective bargaining with Fedders Manu-
facturing Company, directed the Regional Director for the Third
Region, acting as agent for the National Labor Relations Board, and
subject to National Labor Relations Board Rules and Regulations-
Series 1, as amended, to conduct an election by secret ballot among
the production employees of the Fedders Manufacturing Company
who appear on the pay-roll list of July 11, 1937, excluding foremen,
assistant foremen and others in supervisory capacities, office workers,
janitors , porters, shipping clerks, department clerks, clerks under
foremen in the shop, engineers, draftsmen, nurses, watchmen, and all
other salaried employees, and excluding the repair man at the Detroit,
Michigan , office, but including the stockroom helper, to determine
whether they desired to be represented by Lodge No. 1753, Amalga-
mated Association of Iron, Steel, and Tin Workers, affiliated with
the Committee for Industrial Organization, or the Employees' Labor
Organization of the Fedders Manufacturing Company for the pur-
poses of collective bargaining, or by neither.
Pursuant to said Direction of Election, the Regional Director con-
ducted an election by secret ballot on October 25, 1937. The results
of the balloting showed that a majority of the employees in the
appropriate unit desired to bargain collectively with the Company,
although they had accorded neither of the rival unions a majority.
On December 31, 1937, the Amalgamated, having received the greater
number of votes, requested, by letter addressed to the Board, that a
run-off election be held.
By Supplemental Decision and Direction of Election 2 dated Janu-
ary 10, 1938, the Board, as part of the investigation authorized to
13 N L. R B 818
2 4 N. L R B 770
269
270 NATIONAL LABOR RELATIONS BOARD
ascertain representatives for the purposes of collective bargaining
with Fedders Manufacturing Company, directed the Regional Di-
rector for the Third Region, acting as agent for the National Labor
Relations Board to conduct an election by secret ballot among the
.above-designated employees to determine whether or not they desired
to be represented by Lodge No. 1753, Amalgamated Association of
Iron, Steel, and Tin Workers, affiliated with the Committee for In-
dustrial Organization, for the purposes of collective bargaining.
Pursuant to the Supplemental Decision and Direction of Election,
.balloting was conducted January 28, 1938. Full opportunity was
:accorded to all of the parties to this- investigation to participate in
the conduct of the secret ballot and to make challenges.
The 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 to the proceeding
his Intermediate Report on the ballot.
The Company has objected to the Intermediate Report and to the
balloting on the grounds, inter alia, that the Board has no authority
to conduct a run-off election, and that, while all persons in the appro-
priate unit who appeared on the pay-roll list of July 11, 1937, were
eligible to vote in the run-off election, the pay roll on the date of the
Supplemental Direction of Election and on the date of the run-off
election consisted of a smaller number of persons. The reasons for
issuing the Supplemental Decision, and Direction of Election were
set forth therein. The objections raise no new question. As to the
pay-roll date, the Board in its original Decision and Direction of
Election pointed out its reasons for adopting the pay-roll list of July
11, 1937, as the one to be used in the election. The respondent's busi-
ness is seasonal. The Board has in the case of such seasonal busi-
nesses, or in the case of temporary reductions of force, considered
those who have been temporarily laid off as eligible to vote.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote------------------------------------ 873
Total number of ballots cast ------------------------------------ 723
Ballots in favor of Lodge No. 1753, Amalgamated Association of
Iron , Steel and Tin Workers, C. I. 0--------------------------- 369
Ballots against Lodge No 1753, Amalgamated Association of Iron,
Steel and Tin Workers, C I 0-------------------------------- 346
Blank ballots--------------------------------------------------- 1
Void ballots------------------------------------------------ 0
Challenged ballots---------------------------------------------- 7
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
DECISIONS AND ORDERS 271
lations Act and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Lodge No. 1753, Amalgamated Asso-
ciation of Iron, Steel , and Tin Workers, affiliated with the Commit-
tee for Industrial Organization, has been designated and selected by
a majority of the production employees of the Fedders Manufactur-
ing Company , excluding foremen , assistant foremen, and others in
supervisory capacities, office workers, janitors, porters , shipping
clerks, department clerks, clerks under foremen in the shop, en-
gineers, draftsmen , nurses, watchmen , and all other salaried em-
ployees, and excluding the repairman in the Detroit, Michigan, of-
fice, but including the stockroom helper, as their representative for
the purposes of collective bargaining , and that, pursuant to Section
9 (a) of the National Labor Relations Act, Lodge No. 1753, Amal-
gamated Association of Iron, Steel, and Tin Workers, affiliated with
the Committee for Industrial Organization , is the exclusive represent-
ative of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages , hours of employment , and other
conditions of employment.