Remington Rand, Inc.

National Labor Relations Board - Board Decisions

Aug 28, 1943

52 N.L.R.B. 319 (N.L.R.B. 1943)

I
In the Matter of REMINGTON RAND, INC., C DIvisION and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. R-5410
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
August 28, 1943
On July 21, 1943, the National Labor Relations Board issued a De-
cision and Direction of Election in the above-entitled proceedings.,
Pursuant to the Direction of Election, an election by secret ballot
was conducted on July 29,1943, under the supervision of the Regional
Director. On July 31, 1943, the Acting Regional Director issued and
duly served upon the parties a Report on Ordered Election.
As to the balloting and its results, the Acting Regional Director
reported as follows :
Approximate number of eligible voters--------------------- 1, 514
Total ballots cast----------------------------------------- 1,278
Total ballots challenged ---------------------------------- 30
Total void ballots----------------------------------------- 6
Total blank ballots---------------------------------------- 8
Total valid votes counted---------------------------------- 1,234
Votes cast for International Association of Machinists------- 43
Votes cast for United Electrical, Radio & Machine Workers
of America , affiliated with the Congress of Industrial Organ-
izations------------------------------------------------- 572
Votes cast for District 50, United Mine Workers of America__ 321
Votes cast for "None"------------------------------------ 298
On July 31, 1943, United Electrical, Radio & Machine Workers of
America, C. I. 0., herein called the CIO, requested, by letter dated
July 30, 1943, that a run-off election be conducted among the CIO,
District 50, United Mine Workers of America, herein called District 50,
and International Association of Machinists, herein called the IAM.
On August 3, 1943, Remington Rand, Inc., C Division, herein called
the Company, filed "Objections and Memorandum" with the Board, in
which it objected to the recommendation of the Acting Regional Di-
151 N. L R B 16.
52 N. L. R B., No. 41.
319
320 DIECLSaONS OF NA!HONAL LABOR RELATIONS BOARD
rector that a run-off election be held, to the holding of any run-off elec-
tion, to the statement in the Election Report permitting a run-off elec-
tion at the request of one of the two contesting labor organizations
having the greater number of votes, and to any run-off election unless
the ballot in such an election afforded an opportunity to its employees
to vote for "neither union" or "none." On August 6, 1943, District 50
filed a request for a run-off election to be held between the CIO and it-
self. Thereafter, on August 9,1943, the Regional Director issued and
duly served upon the parties a Report on Objections to the Report on
Ordered Election, in which he stated that inasmuch as all of the docu-
ments hereinabove mentioned go merely to the question of a run-off
election and to the choices that should appear upon a run-off election
ballot, he found it unnecessary to conduct any investigation of the ob-
jections; he recommended that the Board issue a supplemental decision
directing a run-off election, and denying the request of the Company
that no run-off election be held. On August 10, 1943, the Company
filed a statement with the Board in which it objected to the conclu-
sion of the Regional Director that the previous objections of the
Company went merely to the question of a' run-off election and that
no investigation of the objections was necessary. It further objected,
to the failure to investigate and make any disposition with respect to
the 30 challenged votes. -
By an amendment to its Rules and Regulations, effective August 23,
1943, the Board has promulgated 'a new policy with respect to run-off
elections. We find that the purposes and policies of the Act will be
effectuated by applying the new policy, insofar as practicable, to the
present case. Under the new policy, a run-off election will be held
"when the results in the election are inconclusive because no choice on
the ballot in the election received a majority of the valid ballots cast."
As indicated by the election results, no choice would receive a major-
ity even if all the challenged ballots were assumed to be valid. The
new policy further provides that the ballot in the run-off election "shall
provide for a selection between the two choices that receive the largest
and second largest number of valid votes in the election" and that
if "the number of votes cast for none is . . . more than or the same
as the number cast for the representative with the second largest num-
ber of votes as among representatives . . . the run-off ballot shall
provide for a choice between the two representatives." Thus, if we
assume the validity of all the challenged ballots and that they were
cast for "None," although "None" would be "more than ... the num-
ber cast for, the representative with the second largest number of
votes . . ." we would not in keeping with the foregoing, afford it a
place upon the ballot. We shall, therefore, direct a run-off election
in which the employees in the appropriate unit will have the oppor-
REMINGTON RAND, INC. 321
tunity to decide whether they desire to be represented by the CIO or by
District 50.
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 Relations Act
and pursuant to Article III, Sections 10 and 11, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Remington Rand,
Inc., C Division, Syracuse, New York, a run-off 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 super-
vision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees of the Company who were eligible to vote in the election
conducted July 29, 1943, and who were employed in an eligible cate-
gory on the date of the run-off election, 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 Work-
ers of America, affiliated with the Congress of Industrial Organiza-
tions, or by District 50, United Mine Workers of America, for the
purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision and Direction of Run-Off Election.