General Motors Corp.

National Labor Relations Board - Board Decisions

Nov 10, 1939

17 N.L.R.B. 466 (N.L.R.B. 1939)

In the Matter of HYATT BEARINGS DIVISION, GENERAL MOTORS COR-
PORATION and HY ATT EMPLOYEES ASSOCIATION, INC.
Case No. R-1336
Election Ordered: run-off.
SUPPLEMENTAL DECISION
SECOND DIRECTION OF ELECTION
AND
ORDER
November 10, 1939
On August 10, 1939, the National Labor Relations Board, herein
called the Board. issued a Decision and Direction of Election' in the
above-entitled proceedings. Pursuant to the Direction of Election,
an election by secret ballot was conducted on August 23, 1939, under
the direction and supervision of the Regional Director for the Second
Region, New York City. On August 29, 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. Na
objections to the conduct 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 to Vote_____________________________ 1, 230
Total Number of Ballots Cast______________________________ 1,164
Total Number of Votes Counted____________________________ 1,156
Total Number of Votes for Hyatt Employees Association, Inc__ 539
Total Number of Votes for International Association of
Machinists, Lodge 340, A. F. of L__________________________ 509
Total Number of Votes for Neither__________________________ 108
Total Number of Blank Votes_____________________________ 4
Total Number of Void Ballots______________________________ 4
Total Number of Challenged Ballots_______________________ 0
The Election Report reveals that neither the Hyatt Employees
Association, Inc., nor the International Association of Machinists,
114 N. L. R. B. 441.
17 N. L. R. B., No. 37.
466
HYATT BEARINGS DIVISION, GENERAL MOTORS CORP. 467
Lodge 340, received a majority of the votes cast. A majority of the
employees in the appropriate unit have, nonetheless, indicated a
,desire to bargain collectively with the Company. The Hyatt Em-
ployees Association, Inc., which received the greater number of votes
validly cast in the election, has requested the holding of a run-off
election. We find that the question concerning representation which
has arisen can best be resolved by the holding of a run-off election
in which the employees in the appropriate unit will be given the
opportunity to decide whether or not they desire to be represented by
Hyatt Employees Association, Inc., for the purposes of collective
bargaining.
On September 13, 1939, International Union, United Automobile
Workers of America, affiliated with the Congress of Industrial Organ-
izations , advised' the Board that after the conduct of the" election it
had'commenced organizational activities among the employees of the
Company. As a result of these activities, International Union,
United Automobile Workers of America "believes that it represents
a majority of the employees involved and desires to participate in
any election which may be held." Since the International Union,
United Automobile Workers of America, did not seek a place on
the ballot in the original election, we cannot accede to its petition
for a place on the ballot in the run-off election, which is merely a
continuation of the original proceeding. We will, accordingly, deny
its request to participate in the run-off election.
IT IS HEREBY ORDERED that the petition of International Union,
United Automobile Workers of America, affiliated with the Congress
of Industrial Organizations, for the right to participate in the run-off
election among the hourly paid employees of the Company, including
apprentices, be, and the same hereby is, denied.
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
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargain-
ing with Hyatt Bearings Division, General Motors Corporation,
Harrison, 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 Direction, under the direction and supervision of the
Regional Director for the Second Region, acting in this matter as
468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
an agent of the National Labor Relations Board, among all hourly
paid employees of Hyatt Bearings Division, General Motors Cor-
poration, Harrison, New Jersey, including apprentices, who were
eligible to vote in the election of August 23, 1939, excluding those
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by Hyatt Employees
Association, Inc., for the purposes of collective bargaining.
Mn. WILLIAM M. LEISERSON, dissenting :
For reasons stated in my dissenting opinion in Matter of Coos Bay
Lumber Company,2 I would not order a run-off election.
SAME TITLE]
AMENDMENT TO SECOND DIRECTION OF ELECTION
November 21, 1939
On November 10, 1939, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision, Second Direction
of Election and Order in the above-entitled proceeding, the elec-
tion so directed to be held as early as possible but not later than
30 days therefrom under the direction and supervision of the Re-
gional Director for the Second Region (New York City). The
Regional Director having requested that said election be postponed,
the Board hereby amends the Second Direction of Election by strik-
ing therefrom the words "as early as possible but not later than thirty
(30) days from the date of this Direction" and substituting therefor
the words "at such time as the Board may in the future direct."
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Amendment to Second Direction of Election.
2 16 N . L. R. B. 476.
17 N. L. R. B., No. 37a.