Kingan & Co., Incorporated

National Labor Relations Board - Board Decisions

Jul 20, 1939

13 N.L.R.B. 796 (N.L.R.B. 1939)

In the Matter Of KINGAN & CO., INCORPORATED and UNITED MEAT
PACKING WORKERS, LOCAL INDUSTRIAL UNION No. 117
Case No. R-1371
Meat Packing Industi y-Election Ordered : run-off.
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
Jiiiy 0, 1939
On May 27, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding,' directing that an election by secret
ballot be conducted within fifteen (15) days from the date of the
Direction among the production employees of Kingan & Co., Incor-
porated, herein called the Company, at its Indianapolis, Indiana,
plant, whose names appeared on the Company's April 29, 1939, pay
roll, including employees who did not work during such pay-roll
period because they were ill or on vacation, but excluding super-
visory, clerical, and salaried employees and all employees who have
since quit or have been discharged for cause to determine whether
they desired to be represented for the purposes of collective bar-
gaining by United Meat Packing Workers, Local Industrial Union
No. 117, affiliated with the Congress of Industrial Organizations,
herein called the United, or by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local Union No. 165, affiliated
with the American Federation of Labor, herein called the Amalga-
mated, or by neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on June 9, 1939, at Indianapolis, Indiana, under the direction
and supervision of the Regional Director for the Eleventh Region
(Indianapolis, Indiana). On June 12, 1939, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, issued an
112 N L R B 1327
13 N. L. R. B., No 86
796
KINGAN & COMPANY, INCORPORATED 797
Intermediate Report on the election, copies of which were duly served
upon the parties.
The Regional Director reported the following results of the
balloting :
Total number of employees alleged eligible to vote---------- 1, 708
Total number of votes cast________________________________ 1,582
Total number of valid votes cast_____ _____________________ 1,566
Total number of votes for the United Meat Packing Workers
Local Industrial Union No. 117, affiliated with the C. I. O_ 740
Total number of votes for the Amalgamated Meat Cutters
and Butcher Workmen of North America, Local Union No.
165, affiliated with the A. F. of L________________________ 774
Total number of votes for neither organization _____________ 52
Total number of blank ballots _____________________________ 10
Total number of void ballots ______________________________ 6
Total number of challenged ballots ________________________ 0
On June 13, 1939, and on June 16, 1939, the United filed objec-
tions and supplemental objections to the election, contending that
the election was improperly held on the Company's premises, that
some employees did not vote and others, who would have voted for the
United, failed to do so because of coercion by supervisory employees
of the Company, and that due notice was not given to employees
on vacation. Oral argument on these objections was also requested.
On June 19, 1939, the United filed a petition requesting that the
election of June 9 be declared void. On June 22, 1939, the Amalga-
mated filed an answer to the United's petition and requested by
motion that the Board dismiss said petition. On June 27, 1939, the
Regional Director informed the Board that an investigation, which
had been conducted under his direction, failed to raise a substantial
and material issue with respect to the conduct of the election. The
Regional Director certified that the secret ballot was fairly and im-
partially conducted and that the ballots cast were duly and fairly
counted under his supervision and that statements to such effect from
the authorized observers for the unions had been filed with him. We
have considered the objections to the election, together with the
report of the Regional Director thereon, and find that they do not
warrant setting aside the election. The objections to the election
are hereby overruled. Similarly, the United's request for oral
argument is hereby denied and its afore-mentioned petition dismissed.
On June 12, 1939, the Amalgamated filed with the Regional Direc-
tor a request for a run-off election and on June 14, 1939, it objected
to the inclusion of the United on the ballot. On June 16, 1939, the
United likewise filed its petition requesting that it be included on
the ballot. It has been the Board's practice, where one of two unions
798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
receives a plurality but not a majority of the votes, to direct a run-
off election upon the request of the union receiving the greater num-
ber of votes, to determine whether or not the employees desire to,
be represented by that union for the purposes of collective bargain-
ing.2 In view of the Amalgamated's request, the Board finds that
a run-off election should be held and will so direct. Following the
usual practice of the Board, the United will not be included on the
ballot for such election.
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
Relations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, it is hereby
DIREVrED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Kingan & Co., Incorporated, an election by secret ballot shall
be conducted within fifteen (15) days from the date of this Direction
under the direction and supervision of the Regional Director for the
Eleventh 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 the production employees of Kingan
& Co., Incorporated, at its Indianapolis, Indiana, plant, whose names
appear on the Company's, April 29, 1939, pay roll, including em-
ployees who did not work during such pay-roll period because they
were ill or on vacation, excluding supervisory, clerical, and salaried
employees and all employees who have since quit or have been dis-
charged for cause, to determine whether or not they desire to be
represented for the purposes of collective bargaining by Amalga-
mated Meat Cutters and Butcher Workmen of North America, Local
Union No. 165, affiliated with the American Federation of Labor.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Supplemental Decision and Direction of Election.
z Matter of Shell Petroleum Corporation and Oil Workers International Union, Local
No. 367, 10 N. L. R. B. 1107.