The Metropolitan Body Co.

National Labor Relations Board - Board Decisions

May 9, 1941

31 N.L.R.B. 694 (N.L.R.B. 1941)

In the Matter of THE METROPOLITAN BODY COMPANY , and THE
INDEPENDENT AUTO BODY WORKERS' UNION OF CONNECTICUT
Case No. R-2331
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
May 9, 1941
On March 20, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision _and Direction of Election in this
proceeding,' directing that an election by secret ballot be conducted
among certain employees of The Metropolitan Body Company, herein
called the Company, at its Bridgeport, Connecticut, plant, to deter-
mine whether they desired to be represented for the purposes of
collective bargaining by The Independent Auto Body Workers' Union
of Connecticut, herein called the Independent, or by United Auto
Workers (C. I. 0.), herein called the U. A. W., or by neither.
Pursuant to the Decision and Direction of Election, an election
by secret ballot was conducted on April 8, 1941, under the direction
and supervision of the Regional Director for the Second Region
(New York City). On April 19, 1941, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, prepared and duly
served on the parties her Election Report.
The Regional Director reported that after the polls were closed,
the ballots were counted, and the result was as follows :
Total number eligible to vote---------------------------- 198
Total number of ballots cast----------------------------- 176
Total number of valid ballots ---------------------------- 174
Total number of votes in favor of The Independent Auto
Body Workers' Union of Connecticut-------------------- 79
Total number of votes in favor of United Auto Workers
(C. I. 0.)---- -------------------- ---------------------- 87
Total number .of votes in favor of neither union- --- ------ 8
Total number of blank votes ------------------------------ 1
Total number of void ballots----------------------------- 0
Total number of challenged , votes------------------------ , 1
3 30 N. L. R B. 463
31 N.,L. R. B., No 114
694
THE METROPOLITAN, BODY COMPANY 695
The Regional Director further reported that since the counting of
the challenged, ballot appeared to be necessary to determine the
result of the election, a conference was held on April 16, 1941, to
investigate the status of said ballot. At such conference the parties
agreed that three out of five mailed ballots which had been received
in the meantime should be counted.2 As to the final result of the
balloting, the Regional Director reported as follows :
Total number eligible to vote----------------------------- 198
Total number of ballots cast------------------------------ 179
Total number of valid ballots------------------------------- 177
Total number of votes in favor of The Independent Auto
Body Workers' Union 'of Connecticut-----I -------------- 82
Total number of votes in favor of United Auto Workers
(C. I. O.)----------------------------------------------- 87
Total number of votes in favor of neither union------------- 8
Total number of blank votes------------------------------- 1
Total number of void ballots------------------------------ 0
Total number of challenged votes------------------------- 1
The disposition of the challenged ballot having become unnecessary
to the determination of the result of the election, the Regional
Director did not report or make any recommendation with respect
thereto.
No objections were thereafter filed to the Election Report.
On April 16, 1941, the Independent and the U. A. W. entered into
a stipulation requesting the Board to direct a run-off election among
all those employees who were eligible to vote in the election conducted
on April 8, 1941. On April 18, 1941, the Company notified the
Regional office that it did not object to the holding of such a run-off
election. Although neither of the competing labor organizations
'received a majority of the votes cast, the results of the election show
that a substantial majority of the employees in question desire to
bargain collectively with the Company. We shall direct a run-off
election, in which such employees will be given an opportunity to
decide whether they desire to be represented by the Independent or
by the U. A. W. for the purposes of collective bargaining.
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, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, it is hereby
2 The three ballots which were counted were postmarked before 2 p m , April 8, 1941,
when the election began.
696 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with' The Metropolitan Body Company, Bridgeport, Connecticut, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30), days from the date of this Supplemental
Decision and Second Direction of Election, under the direction and
supervision of the. Regional Director for the Second 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 employees described in the Direction of Election issued
March 20, 1941, but excluding those who have since quit or been
discharged for cause, to determine whether- they desire to be repre-
sented by the Independent Auto Body Workers' Union of Connecti-
cut, or by United Auto Workers (C. I. 0.), for the purposes of
collective bargaining.