61 N.L.R.B. 483 (N.L.R.B. 1945)

Seattle Drum Co.

National Labor Relations Board - Board DecisionsApr 10, 1945

61 N.L.R.B. 483 (N.L.R.B. 1945)

In the Matter Of SEATTLE DRUM COMPANY and INTERNATIONAL LONGSHOREMEN'S & WAREHOUSEMEN'S UNION, C. I. O. Case No. 19-R-1465 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION Ap il 10, 1945 On February 6, 1945, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings." Pursuant to the Direction of Election, an election by secret ballot was conducted on March 2, 1945, under the direction and supervision of the Regional Director for the Nineteenth Region (Seattle, Washington). On March 9, 1945, the Regional Di- rector acting pursuant to Article III,. Section 10, of the National Labor Relations Board Rules and Regulations-Series 3, as amended, prepared and duly served on the parties an Election Report. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list---------------------------------------- 69 Total valid votes cast------------------------------------------ 46 Votes cast for International Longshoremen's & Warehousemen's Union, Local 1-9, C. I. 0------------------------------------- 13 Votes cast for Warehouseman's Union, Local 117, A. F. L--------- 13 Votes cast for "Neither "--------------------------------------- 20 Void ballots-------------------------------------------------- None Challenged ballots-------------------------------------------- None Inasmuch as neither of the competing labor organizations in the election received a majority of the votes cast, the Regional Director recommended that the petition be dismissed. Thereafter Local 1-9, C. I. 0., requested that a second election be held. The results of the election show that a majority of the employees desire to bargain collec- tively with the Company. However, the vote between the labor organ- izations does not afford a basis for choosing which one should appear on a run-off election ballot in accordance with our rule governing 160 N. L. R. B. 440. 61 N. L. R. B., No. 63. 483 484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD run-off elections . 'We shall, therefore, in conformity with the request of Local 1-9, C. I. 0., direct a second election in which such employees will be accorded the opportunity to decide whether they desire to be represented by International Longshoremen's & Warehousemen's Union, C. I. 0., or by Warehouseman's Union, Local 117, A. F. L., or by neither. SECOND 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, Sections 9 and 10, of the National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Seattle Drum Company, Seattle, Washington, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision of the Regional Director for the Nineteenth 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 Regula- tions, among the employees in 'the unit found appropriate in our Deci- sion and Direction, who were employed during the pay-roll period immediately preceding the date of this Second Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation or temporarily laid off and including em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by International Longshoremen's & Ware- housemen's Union, C. I. 0., or by Warehouseman's Union, Local 117, A. F. L., or by neither.