Unit Cast Corp.

National Labor Relations Board - Board Decisions

Aug 6, 1938

8 N.L.R.B. 831 (N.L.R.B. 1938)

IN THE MATTER OF UNIT CAST CORPORATION and STEEL WORKERS
ORGANIZING COMMITTEE
Case No. R-635
Steel Products Manufacturing Industry-Election Ordered: run -off-Certifica-
tion of Representatives.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
August 6, 1938
By Decision dated May 11, 1938,1 the National Labor Relations
Board, herein called the Board, as part of the investigation authorized
to ascertain representatives for the purposes of collective bargaining
with Unitcast Corporation,2 Toledo, Ohio, directed the Regional Di-
rector for the Eighth Region, acting as agent for the Board, and sub-
ject to National Labor Relations Board Rules and Regulations-Series
1, as amended, to conduct an election by secret ballot among the pro-
duction and maintenance employees of the Company, who were on
the Company's pay roll as of October 31, 1937, including those since
laid off, but excluding supervisory, clerical,. salaried, student, and
casual employees, and excluding those who have since quit or been
discharged for cause, to determine whether they desired to be repre-
sented by Amalgamated Association of Iron, Steel, and Tin Workers
of North America, Lodge 2038, or by International Molders' Union
of North America, Local No. 425, for the purposes of collective bar-
gaining, or by neither.
Pursuant to said Direction of Election, the Regional Director
conducted an election by secret ballot on May 24, 1938.
On May 26, 1938, the Regional Director caused to be served on
the parties his Intermediate Report on the conduct of the ballot.
On July 20, 1938, the Acting Regional Director served on the parties
a Supplemental Intermediate Report on the conduct of the ballot,
stating his rulings on the ballots challenged at the election. No excep-
tions to the Intermediate Reports have been filed by any of the parties.
17 N. L. R . B. 129.
2 Referred to in the petition as Unit Cast Corporation.
8 N. L R. B., No. 101.
831
832 NATIONAL LABOR RELATIONS BOARD
As to the ballotinn and its results, the Reaoaal D-Ieetoi ienoI•ted
as follows :
Total number of employees eligible_________________________ 213
Total number of ballots cast------------------------------- 163
Total number of votes for Amalgamated Association of Iron,
Steel, and Tin Workers of North kmerlea i., dge 2035----- 74
Total number of votes for International Mo'ders' Union of
North Amer`ca Local No 425____________________________ 77
Total number of votes for nether organ zatirn-------------- 5
Total number of bunk ballots----------------------------- 0
Total number of void ballots------------------------------- 0-
Total number of challenged ballots------------------------- 7
In Matter of Interlake Iran rnrrorat'on and A malaam'ifed A ,^.eo-
ciation of Iron, Steel, and Tin Workers of North America, Local No.
1657,3 the Board reaffirmed its policy of providing a space on the bal-
lot, in elections involving two or more rival unions, in which a voter
may indicate that he does not desire either of the named unions to
represent him. The Board there stated that "in the event that the
election in the present case results in none of the three preferences
obtaining a majority of the votes cast, we will, upon the request of
the labor organization receiving the greater number of votes, promptly
direct a run-off election in which the ballot will allow employees. the
opportunity to vote for or against this organization." .
In the instant case, a majority of the employees in the appropriate
unit have indicated a desire to bargain collectively with the Com-
pany, although they have accorded neither of the rival unions a ma-
jority. On June 29, 1938, the International, having received the
greater number of votes, requested, by a letter addressed to the Board,
that a run -off election be held. The Board finds that the question con-
cerning representation can best be resolved by a run-off election and
will so direct.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DrRECiED that, as part of the investigation authorized by the Board
to ascertain representatives for the purpose of collective bargaining
with Unitcast Corporation, Toledo, Ohio, an election by secret bal-
lot shall be conducted within fifteen (15) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the Eighth Region, acting in this matter as agent for the
8 4 N. L. R. B. 55.
DECISIONS AND ORDERS 833
National Labor Relations Board, and subject to Article III, Section
9, of said Rules and Regulations , among the production and mainte-
nance employees of the Company, who were on the Company's pay
roll as of October 31, 1937, including those since laid off , but exclud-
ing supervisory , clerical, salaried , student, and casual employees, and
excluding those who have. since quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Molders ' Union of North America, Local No. 425 , for the pur-
poses of collective bargaining.
[SAME TITLE ]
CERTIFICATION OF REPRESENTATIVES
September 15, 1938
On May 11, 1938, the National Labor Relations Board, herein called
the Board , issued a Decision and Direction of Election in the above-
entitled proceeding. The Direction of Election provided that an
election by secret ballot be held among the production and mainte-
nance employees of Unitcast Corporation, Toledo, Ohio, who were on
the Company's pay roll as of October 31, 1937, including those since
laid `off , but excluding supervisory, clerical , salaried, student, and
casual employees, and those who had since quit or . been discharged for
cause, to determine whether they desired to be represented by Amal-
gamated Association of Iron, Steel , and Tin Workers of North Amer-
ica, Lodge 2038, or by International Molders' Union of North America,
Local No. 425 , for the purposes of collective bargaining , or by neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on May 24, 1938, at Toledo, Ohio, under the direction
and supervision of the Regional Director for the Eighth Region
(Cleveland, Ohio). The results of the balloting showed that a ma-
jority of the employees in the appropriate unit desired to bargain col-
lectively with the Company, although they had accorded neither of
the rival unions a majority . On June 29, 1938, the International, hav-
ing received the greater number of votes, requested , by a letter ad-
dressed to the Board, that a run- off election be held.
By Supplemental Decision and Direction of Election , dated August
6,1938, the Board, as part of the investigation , authorized to ascertain
representatives for the purposes of collective bargaining with the
Company, directed the Regional Director for the Eighth Region, act-
ing as agent , for the Board, to conduct an election by secret ballot
among the above-designated employees to determine whether or not
they desired to be represented by International Molders' Union of
North America, Local No . 425, for the purposes of collective bar-
gaining.
834 NATIONAL LABOR RELATIONS BOARD
Pursuant to the Supplemental Decision and Direction of Election,
the Regional Director conducted an election by secret ballot on August
17, 1938. Full opportunity was accorded to all the parties to this
investigation to participate in the conduct of the secret ballot and to
make challenges.'
On August 19, 1938, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, issued and duly served upon
the parties an Intermediate Report on the election. No objections or
exceptions to the Intermediate Report have been filed by any of the
parties.
As to the balloting and its results, the Regional Director reported as
follows :
Total number eligible to vote_________________________________ 212
Total number of ballots cast_________________________________ 127
Total number of votes for the International Molders' Union of
North America, Local No. 425______________________________ 100
Total number of votes against the International Molders' Union
of North America, Local No. 425____________________________ 18
Total number of void ballots_________________________________ 9
Total number of blank ballots________________________________ 0
Total number of challenged votes__ ___________________________ 0,
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 1, as amended,
IT IS HEREBY CERTIFIED that International Molders' Union of North
America, Local No. 425, has been selected by a majority of the produc-
tion and maintenance employees of Unitcast Corporation, Toledo, Ohio,
excluding supervisory, clerical, salaried, student, and casual employees,
as their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (a) of the National Labor Relations Act,
International Molders' Union of North America, Local No. 425, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.
MR. EDWIN S. SMITH took no part in the consideration of the above
Certification of Representatives.
8 N. L. R. B., No. 101a.