Warshawsky and Co.

National Labor Relations Board - Board Decisions

Feb 6, 1948

75 N.L.R.B. 1291 (N.L.R.B. 1948)

;In;theTMatter Of WARSITAWSKY AND Coi ANY, EMPLOYER and UNITEIY
AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA, UAW-CIO, PETITIONER
Case No. 13-R-4386
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
Feb-uary 6, 1948
On July 22, 1947, the Board issued a Decision and Direction of
Election in the above-entitled proceeding,' in which it directed that
an election be conducted among all production and maintenance em-
ployees at the Employer's Chicago, Illinois, plant, who were employed
during the pay-roll period immediately preceding the date of the
Direction of Election, to determine whether they desired to be repre-
sented by United Automobile, Aircraft & Agricultural Implement
Workers of America, UAW-CIO, herein called the Petitioner, or by
International Association of Machinists, Auto Mechanics Local No.
701, herein called the Intervenor, for the purposes of collective bar-
gaining, or by neither. On August 13,1947, an election was conducted
under the direction and supervision of the Regional Director for
the Thirteenth Region among employees in the unit found appropri-
ate in the Board's Decision and Direction of Election. No objec-
tions to the conduct of the election or conduct affecting the results
of the election have been filed by the parties. The Revised Tally of
Ballots furnished the parties shows the results of the election as-
follows:
Approximate number of eligible voters----------------------- 61
Void ballots------------------------------------------------ 2
Votes cast for the Petitioner-------------------------------- 25
Votes cast for the Intervenor------------------------------- 25
Votes cast against participating labor organization ----------- 0
Valid votes counted---------------------------------------- 50
Challenged ballots----------------------------------------- 0
1 74 N. L R B. 577.
75 N. L. R. B., No. 359.
1291
1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As none of the choices on the ballot received a majority of the
valid votes cast, the results of the election were inconclusive and in-
-dicated that a run-off election between the Petitioner and the Inter-
venor was appropriate. A timely run-off election was precluded,
'however, by the failure of the Petitioner to achieve compliance with
the filing requirements of Section 9 (f) and (h) of the Act until
December 15, 1947.
On January 7, 1948, the Intervenor filed a motion with the Board,
asking that the petition filed herein be dismissed on the ground that a
local union, chartered by the Petitioner and admitting to membership
employees of the Employer, allegedly has not complied with the filing
requirements of the Act; and, in the alternative, requesting that a
current date be used to determine eligibility of employees to vote in
-the run-off election between the Petitioner and the Intervenor. In
support of its motion, the Intervenor also alleges that at the present
time there are approximately 67 employees in the unit found appro-
-priate, approximately 45 of whom were eligible to vote in the original
election herein. The Petitioner opposes the granting of the motion.
The compliance status of a local chartered by the Petitioner is not
-in issue in this proceeding, because the petition herein was filed by
-the Petitioner, a national labor organization. Accordingly, we find
no merit in the Intervenor's contention that the petition should be
dismissed. Under the facts and circumstances of this case, however,
we are of the opinion that the undetermined question of representation
which exists can'best be resolved, and that the purposes of the Act can
-best be effectuated, by the holding of a new election among employees
in the unit previously found appropriate, with eligibility determined
by the pay roll immediately preceding the date of the issuance of this
Supplemental Decision and Second Direction of Election.
SECOND DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with WVarshawsky and Company, Chi-
cago, Illinois, 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, under the direction and supervision of the Regional
Director for the Thirteenth Region, and subject to Sections 203.61 and
203.62 of National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate in Sec-
tion IV of our Decision and Direction of Election issued on July 22,
2 Any participant in the election herein may , upon its prompt request to , and approval
thereof by , the Regional Director , have its name removed from the ballot.
WARSHAWSKY AND COMPANY 1293
1947, who were employed during the pay-roll period immediately pre-
^ceding the date of this Second Direction, including employees who did
not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, but excluding those employees who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether they desire to be represented by United Automobile, Aircraft
& Agricultural Implement Workers of America, UAW-CIO, or by
International Association or Machinists, Auto Mechanics Local No.
701, for the purposes of collective bargaining , or by neither.
CHAIRMAN HERZOO and MEMBER HOUSTON took no part in the
consideration of the above Supplemental Decision and Second Direc-
tion of Election.