Thompson Products, Inc.

National Labor Relations Board - Board Decisions

Sep 14, 1942

43 N.L.R.B. 1379 (N.L.R.B. 1942)

In the Matter of THOMPSON PRODUCTS, INC., and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH
THE C. I. O. -
Case No. R-2834
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 14, 1942
On September'10, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding.' On October 9, 1941, the Board issued
its Supplemental Decision and Second Direction of Election.'
Pursuant to the Second Direction of Election, a run-off election by
secret ballot was,conducted on October 24, 1941, under the direction
and supervision of the Regional- Director for the Seventh Region
(Detroit, Michigan). On October 28, 1941, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties an Election Report.
As to the balloting and its results, the Regional-Director reported
as follows :
Total on eligibility list -------------------------------------- 803
Total ballots cast------------------------------------------- 759
Total ballots challenged ------------------------------------- 5
Total blank ballots------------------------------------------ 0
Total void ballots___________________________________________ 0
Total valid votes cast--- ------------------------------------ 754
Votes cast for International Union, United Automobile Workers
of America , affiliated with the Congress of Industrial Organi-
zations--------------------------------------------------- 325
Votes cast for Society of Tool and Die Craftsmen of America___ 429
1 35 N L R B. 323.
2 35 N L R B 329 By this Supplemental Decision and Second Direction of Election
the Board directed a iun -off election between International Union, United Automobile
Workers of America , affiliated with the Congress of Industrial Organizations , and Society
of Tool and Die Craftsmen of America
43 N. L R . B., No. 219.
1379
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On November 1, 1941, International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations,3 hereinafter called the
United, filed Objections to the conduct of the ballot and to the Election
Report. On November 3, 1941, the United filed charges alleging, inter
alia, that Thompson Products, Inc., dominated and controlled the
formation and administration of the Society of Tool and Die Crafts-
men of America, hereinafter called the Society' On November 5,
1941, the United filed Amended Objections to the conduct of the
ballot and to the Election Report, alleging, in substance, that prior
to the run-off election Thompson Products, Inc., through its super-
visors, made statements to the employees tending to substantiate cam-
paign propaganda of the Society; supplied the Society with addresses
of employees eligible to vote who were serving in the armed forces
of the United States; dominated the administration of the Society
by designating its officers; and conspired with the Society in dis-
charging and demoting employees.
On November 25, 1941, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued a Report on Objections,
copies of which were duly served upon the parties. - In his Report the
Regional Director found, in substance, that the statements of super-
visors tending to substantiate campaign propaganda of the Society
would, if proved, constitute substantial interference with the conduct
of the election, but that, although requested to do so, the United had
failed to make prospective Witnesses to the alleged statements avail-
able for interview by the Regional Director.
On July 14, 1942, after an investigation, the Regional Director
refused to issue a complaint on the basis of the charges and amended
charges filed by the United. No appeal has been filed by the United
from the refusal of the Regional Director to issue a complaint.
The Board- has considered the Amended Objections to the conduct
of the ballot and to the Election Report, and the Regional Director's
report thereon. In view of the failure of the United to make witnesses
available for interview as to the alleged statements of supervisors, we
find that the United has made an inadequate showing that its objec-
tions in this respect are supported by substantial evidence and that,
therefore, no substantial or material issue as to the conduct of the
election has been raised. We find also that the other objections raise
no substantial or material issue as to the conduct of the election. The
Amended Objections are hereby overruled.
This is the identical labor organization which previously participated in this matter
as United Automobile Workers of America , affiliated with the Congress of Industrial Or-
ganizations The change in name took place during the course of proceedings herein
4 These charges were amended by the United on November 28, 1941 , and March 19, 1942
THOMPSON PRODUCTS, INC. ° 1381
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,
as amended,
IT IS HEREBY CERTIFIED that Society of Tool and Die Craftsmen of
America has been designated and selected by a majority of all hourly
rate and production employees of the Detroit plant of Thompson Prod-
ucts, Inc., excluding supervisory employees, foremen, assistant fore-
men, watchmen, and office and confidential employees, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, Society of Tool and Die Craftsmen of
America is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.