American Scale Co.

National Labor Relations Board - Board Decisions

Feb 16, 1940

20 N.L.R.B. 460 (N.L.R.B. 1940)

In the Matter of AMERICAN SCALE COMPANY AND FRANK DAVENPORT
and LOCAL #149, INTERNATIONAL MOLDERS UNION OF NORTH
AMERICA, AFFILIATED WITH TIIE AMERICAN FEDERATION OF LABOR
Case No. R-1644
SUPPLEMENTAL DECISION
AND
ORDER
February 16, 1940
On January 8, 1940, 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 conducted within, thirty (30) days from
the date of the Direction among all the foundry employees of Ameri-
can Scale Company and Frank Davenport, Pleasant Hill, Missouri, in-
cluding molders, core makers, helpers, and the cupola tender, and
excluding the foreman, who were employed during the pay-roll period
immediately preceding the date of the Direction, including employees
who did not work during such pay-roll period because they were ill,
on vacation, or temporarily laid off, but excluding employees who
had since quit or been discharged for cause, to determine whether or
not they desired to be represented by Local #149, International Mold-
ers Union of North America, affiliated with the American Federation
of Labor, for the purposes of collective bargaining.
Pursuant to the Direction, the election by secret ballot was held on
January 27, 1940, at Pleasant Hill, Missouri, under the direction and
supervision of the Regional Director for the Seventeenth Region.
On January 29, 1940, the Regional Director, acting pursuant to Ar-
ticle 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 containing a tally of the ballots. In his
Report the Regional Director certified that the ballot was fairly and
impartially conducted, that the ballots cast were duly and fairly
counted under his supervision, and that statements to such effect had
been filed with him by the observers.
1 19 N. L. R. B. 124.
20 N. L. R. B., No. 47.
400
AMERICAN SCALE COMPANY 461
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list-------------------------------------- 15
Total.ballots,.cast------------------------------------------- 14
Total ballots challenged -------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots-------------------------------------------- 0
Total valid votes cast---------------------------------------- 14
Votes cast for Local #149, International Molders Union of '
North America, A. F. of L--------------------------------- 5
Votes cast against Local #149, International Molders Union
of North America, A. F. of L-------------------------------- 9
No objections to the conduct of the ballot or to the Election Report
have been filed by any of the parties.
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees in the
appropriate unit. The petition of Local #149, International Molders
Union of North America, for investigation and certification of repre-
sentatives of employees of American Scale Company and Frank
Davenport will therefore be dismissed.
ORDER .
By virtue of 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 2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of American Scale Company and
Frank Daveport, Pleasant Hill, Missouri, filed by Local #149, Inter-
national Molders Union of North America, affiliated with the Ameri-
can Federation of Labor, be, and it hereby is, dismissed.