The Prudential Insurance Co. of America

National Labor Relations Board - Board Decisions

Aug 27, 1943

52 N.L.R.B. 234 (N.L.R.B. 1943)

In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,
CANTON, OHIO DISTRICT and AMERICAN FEDERATION OF INDUSTRIAL
& ORDINARY INSURANCE AGENTS' UNION No. 23209, CANTON, OHIO
(AFL)
In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF, AMERICA,
AKRON, OHIO DIsmwrs and AMERICAN FEDERATION OF INDUSTRIAL
& ORDINARY INSURANCE AGENTS' UNION No. 23225, AKRON, OHIO,
AFL
In the Matter of PRUDENTIAL INSURANCE COMPANY OF AMERICA and
UNITED OFFICE AND PROFESSIONAL WORKERS OF AMERICA, C. I. O.,
INSURANCE DIVISION
In the Matter of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA
and AMERICAN FEDERATION OF INDUSTRIAL AND ORDINARY INSURANCE
AGENTS' UNION (AFL)
In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA and
INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, LOCAL No. 38,
In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA and
INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, LOCAL No. 50
In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA 'and
INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, LOCAL No. 48
In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA and
INTERNATIONAL UNION OF LIFE INSURANCE AGENTS, LOCAL No. 43
In the Matter Of PRUDENTIAL INSURANCE COMPANY OF AMERICA,
NEWARK, NEW JERSEY and AMERICAN FEDERATION OF INDUSTRIAL &
ORDINARY INSURANCE AGENTS' UNION #23388 OF MANSFIELD, OHIO
Cases Nos. R-5256 to R-5264 inclusive, respectively
SUPPLEMENTAL, DECISION
AND
DIRECTION OF RUN-OFF ELECTION
August 7, 1943
On June 17,1943, the National Labor Relations Board issued its De-.
cision and Direction of Election in the above-entitled proceeding.'
150 N. L. R. B. 689.
52 N. L. R. B., No. 34.
234
THE PRUDENTIAL WSURANICU iCOT4PANY OF AMERLGA 235
On July 14, 1943, pursuant to a stipulation of the parties, the Board
issued an amendment to the said Decision and Direction of Election.
Pursuant to said Decision and Direction of Election as amended, an
election by secret ballot was conducted on July 29, 1943, under the direc-
tion and supervision of the Regional Director for the Eighth Region
(Cleveland, Ohio). On July 31, 1943, the Regional Director, acting
pursuant to Article III, Sections 10 and 11, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties a Report on Ordered Election. No objections
to the conduct of the ballot or to the Report have been filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Approximate number of eligible voters______________________ 1,057
Total ballots cast_________________________________________ 939
Total ballots challenged____________________________________ 4
Total void ballots_________________________________________ 2
Total valid votes counted --------------------------------- _- 933
Votes cast for American Federation of Industrial and Or-
dinary Insurance Agents' Council (AFL) ---------------- 281
Votes cast for International Union of Life Insurance Agents__ 373
Votes cast for United Office & Professional Workers of
America, Insurance Divison (CIO) ----------------------- 212
Votes cast for none________________________________________ 67
The Regional Director made no ruling with respect to the challenged
ballots. Since the number of challenged ballots cannot affect the re-
sults of the election, we find it unnecessary to make any determination
as to them.
American Federation of Industrial and Ordinary Insurance Agents'
Council (AFL), herein called the AFL, International Union of Life
Insurance Agents, herein called the Independent, and United Office &
Professional Workers of America, Insurance Division, affiliated with
the Congress of Industrial Organizations, herein called the CIO; have
each requested a run-off election. Although none of the labor organiza-
tions received a majority of the votes cast, the results of the election
show that a substantial majority of the employees eligible to vote desire
to bargain collectively with the Company. Accordingly, in con-form-
ance with our recently adopted Rules and Regulations regarding run-
off elections, we shall direct a run-off election in which the employees in
the appropriate unit will have the opportunity to decide whether they
desire to be represented by the AFL or by the Independent.2
2 By an amendment to its Rules and Regulations , effective August 23, 1943, Article III,
Section 11 , of National Labor Relations Board Rules and Regulations , Series 2, as amended,
the Board has promulgated a new pohcy with respect to run-off elections . The new Rule
states, in part, that "The ballot in the run-off election shall provide for a selection between
the two choices that received the largest and the second largest number of valid votes cast
in the election , except as provided in this subsection ." None of the exceptions is applicable
to the instant situation . Accordingly , no place on the ballot will be accorded to the
CIO. See Matter of Glenn L. Martin Company, 52 N. L . R. B. 183.
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 9, 10, and 11, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DntEarED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Prudential
Insurance Company of America, Newark, New Jersey, an 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 supervision of the Regional Director for the Eighth 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 who were eligible to vote in the
election of July 29, 1943, and who are in the eligible category on the
date of the run-off election, including employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tempor-
arily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by American
Federation of Industrial and Ordinary Insurance Agents' Council,
affiliated with the American Federation of Labor, or by International
Union of Life Insurance Agents, for the purposes of collective
bargaining.
CHAIRMAN Mn.Lis took no part in the consideration of the above
Supplemental Decision and Direction of Run-Off Election.