Metropolitan Life Insurance Co.

National Labor Relations Board - Board Decisions

Oct 7, 1949

86 N.L.R.B. 428 (N.L.R.B. 1949)

III the Matter of METROPOLITAN LIFE INSURANCE COMPANY, EMPLOYER
and UNITED OFFICE & PROFESSIONAL WORKERS OF AMERICA, C. I. 0.,
PETITIONER
In the Matter Of METROPOLITAN LIFE INSURANCE COMPANY, EMPLOYER
and NATIONAL FEDERATION OF INSURANCE AGENTS' COUNCIL, A. F. L.,
PETITIONER
Cases Nos. 2-RC-878, 2-RC-914, 2-RC-939, 2-RC-988, d-RC-1069,
2-RC-1070, 2-RC-1071, 2-RC-1125, 2-RC-1138, and 2--RC-940,
respectively,
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 7, 1949
Pursuant to a Decision and Direction of Election issued by the
National Labor Relations Board on June 3, 1949, elections by secret
ballot were conducted on July 15, 1949, under the direction and super-
vision of the Regional Director for the Second Region.
Tallies of ballots were served upon the parties at the conclusion of
the elections. The tallies in the four following cases show that
ballots were cast as follows :
Case No. 2-RC-878 [New Jersey] :
Approximate number of eligible voters-_ -------------------- 1, 210
Void ballots----------------------------------------------------- 3
Votes cast for UOPWA, CIO---------- ---------------------------- 661
Votes cast against participating labor organization----------------- 500
Valid votes counted ---------------------------- ------------------- 1,161
Challenged ballots----------------------------------------------- 7
Valid votes counted plus challenged ballots------------------------ 1,168
Case No. 2-PC-914 [New York Metropolitan Area] :
Approximate number of eligible voters ---------------------------- 1,776
Void ballots----------------------------------------------------- 8
Votes cast for UOPWA, CIO-------------------------------------- 931
Votes cast for NFIAC, AFL-------------------------------------- 193
Votes cast against participating labor organizations ________________ . 569
86 N. L. 11. B., No. 57.
428
METROPOLITAN LIFE INSURANCE COMPANY 429
Valid votes counted______________________________________________ 1,693
Challenged ballots----------------------------------------------- 10
Valid votes counted plus challenged ballots------------------------ 1,703
Case No. 2-RC-1069 [Ohio] :
Approximate number of eligible voters---------------------------- 839
Void ballots----------------------------------------------------- 6
Votes cast for UOPWA, CIO------------------------------------- 350
Votes cast for International Union of Life Insurance Agents -------- 157
Votes cast against participating labor organizations ---------------- 278
Valid votes counted----------------------------------------------- 785
Challenged ballots------------------------------------------------ 2
Valid votes counted plus challenged ballots------------------------ 787
Case No. 2-RC-1138 [Rhode Island] :
Approximate number of eligible voters--------------------------- 188
Void ballots------------------------------------------------------ 1
Votes cast for UOPWA, CIO------------------------------------- 70
Votes cast for NFIAC, AFL-------------------------------------- 29
Votes cast against participating labor organizations--------------- 73
Valid votes counted---------------------------------------------- 172.
Challenged ballots------------------------------------------------ 1
Valid votes counted plus challenged ballots------------------------ 173
Thereafter, on August 3, 1949, the Employer filed objections to the
election in the four cases listed above x In support of its objections
the Employer submitted an affidavit, stating that United Office and
Professional Workers of America, CIO, hereinafter called UOPWA,
through a "paper" change of its constitution, had effected apparent
"technical" compliance with Section 9 (h) of the Act, but that be-
cause leaders who control the organization and formulate its policies
under new titles have not filed affidavits, compliance, in fact, has not
been effectuated. The affidavit further states, inter alga, that the
changes were not made in accordance with the requirements of
UOPWA's constitution, relating to amendments.
On September 2, 1949, the Regional Director issued and duly served.
upon the parties his Report on Objections, wherein he found no merit
in the objections, and recommended that they be overruled.
On September 16, 1949, the Employer filed exceptions to the Re-
gional Director's Report on Objections, again urging as a basis
thereof the alleged failure of UOPWA to comply with the filing
provisions of Section 9 (h) of the Act. The Employer also requested
an opportunity to present oral argument on the issues. The request
for oral argument is denied inasmuch as the record and the briefs, in
our opinion, adequately present the issues and the positions of the
parties.
'The Employer also filed objections in Cases Nos. 2-RC-939 and 2-RC-1071, and
UOPWA filed objections to the elections in Cases Nos. 2-RC-938, 2-RC-939, 2-RC-940,
2-RC-988, 2-RC-1070, 2-RC-1071, 2-RC-1125. Investigation on these objections Is
pending In the Regional Office.
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As we have stated on numerous occasions,' and in the original deci-
sion in this case,3 the compliance of a labor organization with the
filing requirements of Section 9 of the Act is an administrative matter
to be determined by the Board, and is not subject to attack by parties
to the proceeding. Accordingly, we hereby overrule the objections
filed by the Employer and adopt the findings and recommendations
made by the Regional Director in his report.
As the tallies in Case No. 2-RC-1069 and Case No. 2-RC-1138
indicate that the results of these elections are indeterminate, we shall
defer further action in these cases pending final action in the Regional
Office. As the tallies in Case No. 2-RC-878 and Case No. 2-RC-914
indicate that the Petitioner has secured a majority of the valid ballots
cast by the employees concerned, we shall certify it as the collective
bargaining representative of all employees in the units therein found
appropriate.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that United Office and Professional Workers
of America, CIO,,,has been designated and selected by a. majority of
the employees of the Employer in the separate units heretofore found
by the Board to be appropriate in Case No. 2-RC-878 and Case No.
2-RC-914, respectively, as their representative for the purposes of col-
lective bargaining and that, pursuant to Section 9 (a) of the Act,
the said organization is the exclusive representative of all employees
in such units, for the purposes of collective bargaining, with respect
to rates of pay, wages, hours of -employment, and other conditions of
employment.
2 Matter of Procter & Gamble Company, 78 N. L. R. B, 1043 ; Matter of Craddock Terry
Shoe Corporation, 76 N. L . R. B. 842 ; Matter of the Prudential Insurance Company of
America, 80 N. L. R. B. 1583.
1 Matter of Metropolitan Life Insurance Company, 83 N. L. R. B. 1044.