Florence Pipe Foundry & Machine Co.

National Labor Relations Board - Board Decisions

Nov 8, 1939

17 N.L.R.B. 415 (N.L.R.B. 1939)

In the Matter of FLORENCE PIPE FOUNDRY & MACHINE CO., and STEEL
WORKERS ORGANIZING COMMITTEE, ON BEHALF OF ITSELF AND OF
LODGE 2040, AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN
WORKERS OF NORTH AMERICA
Case No. R-1460
Election Ordered : run-off.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
November 8, 1939
On September 13, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case?
Pursuant to the Direction, an election by secret ballot was con-
ducted on September 27, 1939, under the direction and supervision
of the Regional Director for the Fourth Region (Philadelphia, Penn-
sylvania). On September 28, 1939, the said Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, issued and duly served upon the
parties an Election Report on the election. No objections to the con-
duct 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 -------------------------------------- 558
Total number of ballots cast_____ ___________________________ 527
Total number of ballots cast for Local No. 12 of the Interna-
tional Molders Union of North America, affiliated with the
American Federation of Labor____________________________ 235
Total number of ballots cast for Lodge 2040 , Amalgamated
Association of Iron, Steel and Tin Workers of North Amer-
ica, affiliated with the Steel Workers Organizing Commit-
tee and the Congress of Industrial Organizations__________ 243
115 N. L. R. B. 250.
17 N. L. R. B., No. 27.
415
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes for neither___________________________ 41
Total number of blank ballots______________________________ 0
Total number of void ballots________________________________ 3
Total number of challenged ballots__________________________ 5
In view of the fact that the challenged ballots could have no effect
on the results of the election, they were not counted or ruled upon by
the Regional Director.
The Election Report reveals that in the election among the produc-
tion and maintenance employees neither of the competing labor
organizations received a majority of the votes cast. A majority of
all those voting at the election have, nevertheless, indicated a desire
to bargain collectively with the Company.
On October 5, 1939, Steel Workers Organizing Committee, on
behalf of Lodge 2040, Amalgamated Association of Iron, Steel and
Tin Workers of North America, which received the greater number
of unchallenged votes in the election, submitted a request for a run-off
election. Pursuant to permission, International Molders Union, by
its president, thereafter filed with the Board a letter in the nature
of a brief, requesting that the run-off election be postponed until
January 30, 1940. By letter dated October 30, 1939, Steel Workers
Organizing Committee, acting through its Sub-Regional Director,
informed the Board that it objected to a postponement. We have
considered the questions raised in the above letters of the competing
labor organizations. The request of International Molders Union
is hereby denied.
In accordance with our established practice in cases of this kind '2.
we shall direct a run-off election in which the production and mainte-
nance employees will be given the opportunity to decide whether or.
not they desire to be represented by Lodge 2040, Amalgamated Asso-
ciation of Iron, Steel and Tin Workers of North America, affiliated
with the Steel Workers Organizing Committee and the Congress
of Industrial Organizations.
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, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
2, it is hereby
2 See Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel
and Tin Workers of North America, Local No. 1657, 4 N. L. R. B. 55; Matter of Coos Bay
Lumber Company and Lumber and Sawmill Workers Union, Local No. 2573, 16 N. L. R. B. 476.
FLORENCE PIPE, FOUNDRY & MACHINE COMPANY 417
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Florence Pipe Foundry & Machine Co., Florence, New Jersey,
an election by secret ballot shall be conducted as early as possible,
but not later than thirty (30) days from the date of this Second
Direction of Election, under the direction and supervision of the
Regional Director for the Fourth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, among all production
and maintenance employees of Florence Pipe Foundry & Machine
Co., who were eligible to vote in the election of September 27, 1939,
excluding those who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Lodge
2040, Amalgamated Association of Iron, Steel and Tin Workers of
North America, affiliated with the Steel Workers Organizing Com-
mittee and the Congress of Industrial Organizations, for the purposes
of collective bargaining.
AIR. WILLIAM M. LEISERSON, dissenting :
For reasons stated in my dissenting opinion in Matter of Coos
Bay Lumber Company,' I would not order a run-off election.
[SA1IE TITLE]
AMENDMENT TO SECOND DIRECTION OF ELECTION
November 25, 1939
On September 13, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of. Election in the
above-entitled case. On November 8, 1939, the Board issued a Sup-
plemental Decision and Second Direction of Election directing that
an election by secret ballot be conducted as early as possible, but not
later than thirty (30) days from the date of the Second Direction of
Election, under the direction and supervision of the Regional Direc-
tor for the Fourth Region. The Board hereby amends the Second
Direction of Election issued on November 8, 1939, by striking there-
from the words "as early as possible, but not later than thirty (30)
days from the date of this Second Direction of Election" and substi-
tuting therefor the words "at such time as the Board may in the
future direct."
3 Hatter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local
A TO. 2573, 1.6 N. L. R. B. 476.
17 N. L. R. B., No. 27a.