General Motors Corp.

National Labor Relations Board - Board Decisions

Aug 2, 1940

26 N.L.R.B. 69 (N.L.R.B. 1940)

In the Matter of FRIGIDAIRE DIVISION, GENERAL MOTORS CORP.; DAY-
TON; OHIO, and LOCAL 801 , UNITED ELECTRICAL, RADIO & MACHINE
WORKERS OF AMERICA AFFILIATED WITH' THE CIO
Case No. R-1830
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
August 2, 1940
On June 20, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceeding,' directing that an election by secret
ballot be conducted among certain employees of Frigidaire Division,
General Motors Corp., Dayton, Ohio, herein called the Company, to
determine whether they desire to be represented by United Elec-
trical, Radio & Machine Workers of America, Local 801, C. I. 0.,
herein called the United or by Dayton Independent Union of Dayton,
Ohio, herein called the Independent, for the purposes of collective
bargaining, or by neither.2
Pursuant to one of the Directions of Elections, an election by
secret ballot was conducted on July 17,^ 1940, under the direction and
supervision of the Regional Director for the Ninth Region (Cln=
cinnati, Ohio). On July 22, 1940, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended,' prepared and
duly served upon the parties an Election Report, setting forth the
results of the election. No objections were made by any of the parties
to the conduct of the election or to the accuracy of the Regional
Director's report of the results of the election. As to the results of
the balloting, the Regional Director reported as follows:
Number of alleged eligible voters- 9,099
Number of ballots placed in ballot box___________________ 8,226
Number of unchallenged ballots for Local 801, United Elec-
trical Radio & Machine Workers of America------------ 3,926
124N L. R.B.,853
2 The Board also directed an election among the pattern makers We are not concerned with that elec-
tion at this time.
26 N L. R. B. No. 6.
69
32'3429-42-vol. 2G-6
70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Number of unchallenged ballots for Dayton Independent
Union of Dayton, Ohio----------------------- 2, 346
Number of unchallenged ballots for neither--------------- 1,703
Number of challenged ballots--------------------------- 210
Number of blank ballots-------------------------------- 25
Number of spoiled ballots------------------------------ 36
The Regional Director further reported that the United,, the
only organization that could in anywise benefit from the counting'of
the challenged ballots, withdrew, without prejudice, its right to
rulings upon the 210 challenged ballots.
On July 20, 1940, the United, which had received the greatest
number of votes, filed a formal request for a run-off election to be
held by the Board. On July 26, 1940, the Independent filed objec-
tions to a run-off election in this matter. On July 30, 1940, the
United filed an answer to the objections of the Independent. We
have considered the objections filed by the Independent and find
them to be without merit.
The Election Report reveals that neither of the competing labor
organizations received a majority of the votes cast, but that a, sub-
stantial majority of the employees voting desired one or the other
of the two organizations to bargain collectively for them in ac
cordance with the practice established in the Matter of R. K. LeBlond,
Machine Tool Co., Cincinnati Electrical' Tool Co. and Independent
Employees Organization,' the Board will direct a run-off election
in which the eligible employees will be given the, opportunity to
decide whether they desire to be represented by United Electrical,:
Radio & Machine Workers of America, Local 801, C. I. 0., or by
Dayton Independent Union of Dayton, Ohio, for the purposes of
collective bargaining.
DIRECTION OF RUN-OFF ELECTION
By virtue of and pursuant to the power vested in the" National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections -8
and 9, of National Labor Relations Board Rules and Regulations,
Series 2, as amended it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Frigidaire Division, General Motors Corporation,
Dayton, Ohio, 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 of Run-Off Election, under the direction and super-
vision of the Regional Director for the Ninth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
3 22 N. L. R. B. 465.
GENERAL MOTORS CORPORATION-FRIGIDAIRE DIV. 71
ject to Article III, Section 9, of said Rules and Regulations, among
the employees described in paragraph 2 of the Direction of Election
issued on June 20, 1940, but excluding those who have since quit
or been discharged for cause, to determine whether they desire to be
represented by United Electrical, Radio & Machine Workers of
America, Local 801, C. I. 0., or by Dayton Independent Union of
Dayton, Ohio, for the purposes of collective bargaining.
MR. WILLIAM M. LEISERSON, Concurring In part and dissenting in
part:
My views with respect to the run-off election herein directed are
the same'. as those expressed in niy opinion in the R. K. LeBlond
case.4
CHAIRMAN MADDEN, concurring nl part and dissenting in part:
For the reasons stated in my opinion in the R. K. LeBlond case,' 1
would have the run-off election ballot provide only for a vote for
or against United Electrical, Radio & Machine Workers of America,
Local,801,-C. I. 0., which received a plurality in the original election.
4Matter of R K LeBlohd Machine Tool Co , Cincinnati Electrical Tool Co. and Independent Employees
Organization , 22 N. L R. 'B 465 See also my dissenting opinion in Matter of Coos Bay Lumber Company
and Lumber and Sawmill Workers Union, Local No 2573, 16 N. L R B 176
6Matter of R K LeBlond Machine Tool Co , Cincinnati Electrical Tool Co and Independent Employees
Organization , 22 N. L R B 465