Dain Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 26, 1942

39 N.L.R.B. 1191 (N.L.R.B. 1942)

In the Matter of DAIN MANUFACTURING COMPANY and LODGE No. 1465,
INTERNATIONAL ASSOCIATION OF MACHINISTS-A. F. OF L.
Case No. R-3399
SUPPLEMENTAL DECISION
AND
DIRECTION
March, 26,19
On January 26, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.,, On February 9, 1942 the Board issued a
Supplemental Decision and Amendment to Direction of Election?
Pursuant to the Direction of Election, as amended , an election by secret
ballot was conducted on February 23, 1942, under the direction and
supervision of the Regional Director for the Eighteenth Region (Min-
neapolis , Minnesota ). On March 2 , 1942 , Independent Farm Imple-
ment Workers , herein called the Independent , filed with the Regional
Director ' a protest to the election . On March 2, 1942, 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 parties an Election Report on the ballot.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list ---------------------------------------- 51
Total ballots cast____________________________________________ 47
Total ballots challenged ______________________________________ 2
Total blank ballots___________________________________________ 0
Total void ballots ---------------------------------------- 1---- o
Total valid votes counted_____________________________________ 45
Votes cast for Lodge No. 1465, International Association of
Machinists , affiliated with the American Federation of Labor__ 23
Votes cast for Independent Farm Implement Workers___________ 1
Votes cast for Neither Organization____________________________ 21
In his Election Report, the Regional Director found that the protest .
filed by the Independent is without merit. No objections to the
13S N L R. B. 528.
"38 N. L. R . B. 534.
39 N.L.R.B., No. 220.
1191 \
1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Election Report were filed by any of the parties. We have considered
the protest of the Independent and the Regional Director's report
thereon. We find that the protest raises no substantial or material
issues with respect to the conduct of the election. The protest is hereby
overruled. ,
The Regional Director recommended in his report that the chal.
lenges to both of the challenged ballots be overruled. No objections
were taken to his recommendation. , We find that the challenges to the
challenged ballots should be overruled. Since the results of the elec-
tion may be affected by the counting of 'the two challenged ballots
above declared valid, we shall direct that they be counted.
DIRECTION
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-Series2, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the , purposes of collective bargaining
with Dain Manufacturing Company, Ottumwa, Iowa, the Regional
Director for, the Eighteenth Region ( Minneapolis , Minnesota ) shall,
pursuant to the Rules .and Regulations of the Board set forth above,
and subject to Article III, Section 9, of said Rules and Regulations,
within ten ( 10) days from the date of this Direction , open and count
the ballots of Louis Krafka and ' Ed Lasser , and shall -thereafter pre-
pare and cause to .be served upon the parties • in this case a Supple-
mental Election . Report ; ,embodying his findings therein and his
recommendations as to the results of the secret ballot.'