John Oster Manufacturing Co.

National Labor Relations Board - Board Decisions

May 31, 1945

61 N.L.R.B. 1622 (N.L.R.B. 1945)

In the Matter of JOHN OSTER MANUFACTURING CO. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, A . F. OF L.
Case No. 13-R-27f5
SUPPLEMENTAL DECISION
AND
ORDER
May 31, 1945
On March 13, 1945, pursuant to the Decision and Direction of Elec-
tion issued by the Board herein on February 20, 1945,1 an election by
secret ballot was conducted under the direction and supervision of the
Regional Director for the Thirteenth Region (Chicago, Illinois). Im-
mediately thereafter a Tally of Ballots was furnished by the Regional
Director to the Company and to the representatives of the participating
unions, which Tally indicated the results of the election as follows :
Approximate number of eligible voters------------------------ 521'
Valid votes counted______________________________------------------------------------------ 472
Votes cast for I. B. E. W, A. F of L-------------------------- 96
Votes cast for International Association of Machinists, Lodge
No. 437, A. F. of L--------------------------------------- 10
Votes cast for UAW-CIO------------------------------------- 187
Votes cast against participating unions------------------------ 179
Challenged ballots__________________
Void ballots_________________________
On March 14,1945, the UAW-CIO filed a request for run-off election
and on the same day, the I. B. E. W., A. F. of L. filed, but subsequently
withdrew, objections to the conduct of the election. No other objec-
tions to the conduct of the election have been filed.
On May 9, 1945, the Regional Director, acting pursuant to Article
III, Section 10, of National Labor Relations Board Rules and Regula-
tions--Series 3, as amended, issued his Report on Challenges and Ob-
jections to the Conduct of the Election in which he recommended that a
run-off election, wherein the UAW-CIO and the IBEW-AFL will
appear on the ballot, be held, inasmuch as no union had received a
majority of ballots cast, all unions had received more than "none,"
and counting of all challenged ballots could not result in a majority
160 N. L. R. B. 805.
61 N. L. R. B., No. 253.
1622
JOHN OSTER MANUFACTURING CO. 1623
for any union or for "none." The Regional Director further recom-
mended that 7 of the persons who cast challenged ballots in the election
of March 13, 19451 be allowed to participate in the run-off election, and
that the remaining 13 persons casting challenged ballots not be allowed
to so participate since each of these falls within a category determined
ineligible in the Decision and Direction of Election.
On May 12, 1945, the Company filed objections to the recommenda-
tion of run-off election, on the ground that the Board's Rules and
Regulations with respect thereto 2 are unfair in that they deprive the
persons who voted for "no union" of an opportunity to express their
choice. The Rule objected to was adopted by the Board after serious
consideration of all problems relative thereto, including the argument
advanced by the Company. A majority of the employees of the Com-
pany have evidenced a desire for collective bargaining. Since the
conditions specified in the Rules have been fulfilled the Regional
Director's recommendation of a run-off election is correct. Accord-
ingly, we hereby overrule the Company's objections to the Regional
Director's Report.
There were no exceptions to the Regional Director's recommenda-
tions respecting disposition of the challenged ballots. His rulings
appear to be correct and they are hereby affirmed. Since the results
of the election could not be affected thereby, it will be unnecessary to
open and, count the challenged ballots cast by the seven voters who
were, in fact, eligible to participate in the election. These persons
will, however, be deemed eligible to vote in the run-off election provided
that they are still- employed in an eligible category on the date of the
said election.3
ORDER
The Board hereby remands Case No. 13-R-2725 to the Regional
Director for the Thirteenth Region who shall proceed in accordance
with Article III, Section 11, of the Rules and Regulations of the Board.
2 Art. III , Sec. 11 ( c)-The ballot in the run-off election shall provide for a selection
between the two choices that received the largest and the second largest number of valid
votes cast in the election , except as provided in this subsection.
(2) In the event the number of votes cast for "none" in an inconclusive election, in
which the ballot provided for a choice among three or more representatives and "none,"
is equal to the number cast for the representative with the largest number of votes, or
is less than the number cast for the representative with the largest number of votes but
more than or the same as the number cast for the representative with the second largest
number of votes as ' among representatives , or is the same as the number cast for each
of the two highest representatives , the run-off ballot shall provide for a choice between
the two representatives.
'Art. III, Sec. 11 (b)-Employees who were eligible to vote in the election and who
are employed in an eligible category on the date of the run -off election shall be eligible
to vote in a run -off election.