Vernon Tool Co., Ltd.

National Labor Relations Board - Board Decisions

Feb 6, 1941

29 N.L.R.B. 413 (N.L.R.B. 1941)

In the Matter Of VERNON TOOL COMPANY, LTD. and METAL TRADES
COUNCIL OF Los ANGELES AND VICINITY, A. F. L.
Case No. B4155
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND .
SECOND DIRECTION OF ELECTION'
February 6, 1941
On December 9, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in this
proceeding.' Pursuant to the Direction of Election, an election by
secret ballot was conducted on .January 7, 1941, under the direction
and supervision of the Regional Director for the Twenty-first Region
(Los Angeles, California). On January 8, 1941, the Regional Direc-
tor, 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 setting forth
the results of the election.
As to the balloting and its result's, the Regional Director reported
as follows :
Total on eligibility list----------------------------------- 114
Total ballots cast----------------------------------------- 114
Total ballots challenged----------------------------------- 6
Total blank ballots---------------------------------------- 0
Total void ballots ---------------------------------------- 1
Total ballots not counted---------------------------------- 7
Total ballots counted-- ----------------------------------- 107
Total votes for Metal Trades Council of Los Angeles and
Vicinity, A. F. L--------------------------------------- 52
Total votes for Steel Workers Organizing Committee, Local
2018---------------------------------------------------- 46
Total votes for Neither----------------------------------- 9
In his Election Report, the Regional Director sustained the chal-
lenges to the 6 ballots. No objections to the counting of the ballots
1 28 N. L. R. B. 406
29 N L. R. B, No. 78
413
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or to the Election Report have been filed by any of the parties. Sub-
sequent to the issuance of the Election Report, the Council -filed a
new petition,and requested that the Board not hold a run-off election.
The S. W. O. C. has requested that a run-off election be held.
Although neither of the competing labor organizations received
a majority of the votes cast, the Election Report reveals that a sub-
stantial majority of the employees voting desire to bargain collectively
through ark exclusive representative. Accordingly we will direct a
run-off election in which the eligible employees will be given an
opportunity to decide whether they desire to be represented by Metal
Trades Council of Los Angeles and Vicinity, A. F. L., or by Steel
Workers Organizing Committee, Local 2018, 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 Rela-
tions 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
DIRECTED that, as part of the investigation authorized by the Board
to' determine representatives for the purposes of collective bargaining
with Vernon Tool Company, Ltd., Vernon, California, an election by
secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the,date of this Second Direction of
Election, under the direction and supervision of the Regional Direc-
tor for-the Twenty-first Region, acting in this matter as agent for
the National Labor Relations Board and subject to Article III, Sec-
tion 9,' of said-Rules and Regulations, among the employees described
in paragraph 2 of the Direction of Election issued on December 9,
1940, but excluding those 'who have since quit or been discharged
for cause, to determine whether they desire to be represented by
Metal Trades Council of Los Angeles and Vicinity, A. F. L., or.by
Steel Workers Organizing Committee, Local 2018, for the purposes
of collective bargaining.
MR. WILLIAM M. LETSERSON, dissenting :
For the reasons stated in my dissenting opinion in Matter o l Coos
Bay Lumber Company 2 I would not direct a run-off election.
9 Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local
No. 2573,16 N. L. It. B. 476.