Dayton Power & Light Co.

National Labor Relations Board - Board Decisions

Oct 12, 1942

44 N.L.R.B. 1084 (N.L.R.B. 1942)

J
In the Matter of DAYTON POWER & LIGHT COMPANY, WASI-IINGTON
COURT.. HOUSE, BRANCH^ and INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 89, AND INTERNATIONAL BROTHERHOOD OF FIREMEN
AND OILERS, LOCAL 935, A. F. OF L.
Case No. R-4064
'SUPPLEMENTAL DECISION
' AND
DIRECTION OF RUN-OFF ELECTION
October 12,194x'
On August 28, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. Pursuant to the Direction of Election, an
election by secret ballot was conducted on September 23, 1942, under
the direction and supervision of the Regional Director for the Ninth
Region (Cincinnati, Ohio). On September 24, 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 the parties his Report on Ordered Election. No
objections to the conduct of the ballot or the Report on' Ordered Elec-
tion have been filed by any of the parties.
As to the results of the ballot, the Regional Director reported as
follows :
Approximate number of eligible voters________________________
Total ballots cast-------------------------------------------
Total ballots challenged______________________________ 0
Total void ballots ---------=-------------------------------- 0
Total blank ballots---------------`-------------------------- 0
Total valid votes counted____________________________________ 9
Votes cast for International Union of Operating Engineers
Local 89, and International Brotherhood of Firemen and
Oilers, Local 935, A. F of L________________________________ 4
Votes cast for The Dapolico Workers, Inc--------------------- 4
Votes cast for neither_______________________________________ 1
On October 1, 1942, Local 89, International Union of Operating
Engineers and Local' 935, International Brotherhood of Firemen and
Oilers filed a formal request for a run-off election, to be conducted by
i 43 N. L. R B. 775.
44 N. L. R B., No. 209.
1084
DAYTON POWER & LIGHT COMPANY 1085
the Board among the employees of the Washington Court House
Branch. Although neither of the competing labor organizations re-
ceived a majority of the votes cast in the election at, the Washington
Court House Branch, the results of the election show that a substantial
majority of employees voting desire to bargain collectively with the
Company. _ Accordingly, we shall direct a 'run-off election among the
employees of the Washington Court House Branch, in which they will
be given an opportunity to decide whether they desire to be represented
by International Union of Operating Engineers Local 89, and Inter--
national Brotherhood of Firemen and Oilers, Local 935, A. F. of L:,
or by The,Dapolico Workers, Inc., for the purposes of collective
bargaining. I
DIRECTION OF RUN-OFF ELECTION
,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
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIREOPED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dayton Power &
Light Company, Washington Court House, Ohio, an election by secret
ballot shall be conducted as early as possible but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the' Ninth Region, acting in
the matter as agent for the National Labor Relations Board and sub-
ject to, Article III, Section 9, of said Rules and Regulations among the
employees in the Washington Court House Branch of the Company
who were eligible to vote in the election conducted on September 23,
1942, but excluding those who have since quit or been discharged for
cause to determine whether they desire to be represented by Interna-
tional Union of Operating Engineers Local 89, and International
Brotherhood of Firemen and Oilers, Local 935, A. F. of L., or by The
Dapolico Workers, Inc., for the purposes of collective bargaining.
1