Sun Life Insurance Co. of America

National Labor Relations Board - Board Decisions

Nov 10, 1939

17 N.L.R.B. 463 (N.L.R.B. 1939)

In the Matter Of WASHINGTON BRANCH OF THE SUN LIFE INSURANCE
COMPANY OF AMERICA and INDUSTRIAL AND ORDINARY INSURANCE
AGENTS UNION No. 21354, INDUSTRIAL AND ORDINARY INSURANCE
AGENTS COUNCIL
Case No. R-1454
Election Ordered: run-off.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
November 10, 1939
On October 2, 1939, the National Labor Relations Board, herein
called the board, issued a Decision and Direction of Election in the
above-entitled case.' On October 13, 1939, the Board issued an
Amendment to its Direction of Election.' Pursuant to the Direction
of Election as amended, an election by secret ballot was conducted
on October 21, 1939, under the direction and supervision of the
Regional Director for the Fifth Region (Baltimore, Maryland).
Full opportunity was accorded to all parties to this investigation. to
participate in the election and to make challenges. On October 23,
1939, the Regional Director acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 2,
issued and duly served upon the parties his Election Report. No
objections to the conduct of the ballot or to the Election Report have
been filed by any of the parties.
As to the results of the secret ballot, the Regional Director reported
as follows :
Total Number of Eligible Voters_____________________________ 43
Total Number of Ballots Cast_______________________________ 42
Total Number of Votes for Industrial and Ordinary Insurance
Agents Union No. 21354, Industrial and Ordinary Insurance
Agents Council (A. F. of L.) ------------------------------ 21
Total Number of Votes for United Of ee and Professional
Workers of America (C. I. 0.) ----------------------------- I
Total Number of Votes for Neither___________________________ 20
115 N. L. R. B. 817.
2 15 N. L. R. B. 824.
17 N. L. R. B., No. 36.
463
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total Number of Blank Ballots______________________________ 0
Total Number of Void Ballots ________________________________ 0
Total Number of Challenged Votes____________________________ 0
The Election Report reveals that in the election neither Industrial
and Ordinary Insurance Agents Union No. 21354, Industrial and
Ordinary Insurance Agents Council, nor United Office and Profes-
sional Workers of America, C. I. 0., received a majority of the votes
cast. A majority of the employees have, however, indicated a desire
to bargain collectively with the Company. The Industrial and
Ordinary Insurance Agents Union No. 21354, Industrial and Ordi-
nary Insurance Agents Council, which received the greater number
of votes cast in the election, has requested the holding of a run-off
election. We find that the question concerning representation which
has arisen can best be resolved by the holding of a run-off election
in which the employees in the appropriate unit will be, given the
opportunity to decide whether or not they desire to be represented
by Industrial and Ordinary Insurance Agents Union No. 21354,
Industrial and Ordinary Insurance Agents Council.
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Sun Life Insurance Company of America, in its Washington,
District of Columbia, office, an election by secret ballot shall be con-
ducted as early as possible but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Fifth 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 insurance agents
of Sun Life Insurance Company of America, in its Washington,
District of Columbia, office, in its employ during the pay-roll period
immediately preceding October 2, 1939, including debit collectors and
canvassers, employees who did not work during such pay-roll period
because they were ill or on vacation, and employees who were then or
have since been temporarily laid off, but excluding assistant managers,
district managers, and clerical and office employees, and those who
have since quit or been discharged for cause, to determine whether
SUN LIFE INSURANCE COMPANY OF AMERICA 465
or not they desire to be represented by Industrial and Ordinary In-
surance Agents Union No. 21354, Industrial and Ordinary Insurance
Agents Council , for the purposes of collective bargaining.
MR . WILLIAM M . LEISERSON , dissenting :
For reasons stated in my dissenting opinion in Matter of Coos Bay
Lumber Company,' I would not order a run-off election.
s Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local
No. 2573,16 N. L. R. B. 476.