Fedders Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 10, 1938

4 N.L.R.B. 770 (N.L.R.B. 1938)

In the Matter of FEDDERS MANUFACTURING COMPANY and LODGE No.
1753, AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS
OF NORTH AMERICA, through the STEEL; WORKERS ORGANIZING
COMMITTEE
Case No. R-058
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
January 10, 1938
By Decision dated October 15, 1937,1 the National Labor Rela-
tions Board, as part of the investigation authorized to ascertain rep-
resentatives for the purposes of collective bargaining with Fedders
Manufacturing Company, directed the Regional Director for the
Third Region, acting as agent for the National Labor Relations
Board, and subject to said Rules and Regulations, to conduct an
election by secret ballot among the production employees of the
Fedders Manufacturing Company who appear on the pay-roll list
of July 11, 1937, excluding foremen, assistant foremen and others in
supervisory capacities, office workers, janitors, porters, shipping
clerks, department clerks, clerks under foremen in the shop, engi-
neers, draftsmen, nurses, watchmen, and all other salaried employees,
and excluding the repair man at the Detroit, Michigan, office, but
including the stockroom helper, to determine whether they desired
to be represented by Lodge No. 1753, Amalgamated Association of
Iron, Steel, and Tin Workers, affiliated with the Committee for Indus-
trial Organization, or the Employees' Labor Organization of the
Fedders Manufacturing Company for the purposes of collective bar-
gaining, or by neither.
Pursuant to said Direction of Election, the Regional Director con-
ducted an election by secret ballot on October 25, 1937.
As to the balloting among the above-designated employees and
its results, the Regional Director reported as follows :
Total number eligible to vote__________________-------------------------------- 873
Total number of ballots cast-- 814
Ballots in favor of Employees' Labor Organization of Fedders
Manufacturing Company__________________________________ 369
13 N L R E. 818
770
DECISIONS AND ORDERS 771
Ballots in favor of Lodge No. 1753, Amalgamated Association
of Iron, Steel and Tin Workers, C. I. 0--------------------- 400
Ballots in favor of neither---------------------------------- 41
Void Ballots----------------------------------------------- 0
Blank Ballots----------------------------- --------- 0
Challenged Ballots----------------------------------------- 4
In Matter of Interlake Iron Corporation and Amalgamated Asso-
ciation of Iron, Steel, and Tin 11Vorkers, North America, Local No.
1657,2 the Board reaffirmed its policy of providing a space on the bal-
lot, in elections involving two or more rival unions, in which a voter
may indicate that he does not desire either of the named unions to
represent him. The Board there stated that "in the event that the
election in the present case results in none of the three preferences ob-
taining a majority of the votes cast, we will, upon the request of the
labor organization receiving the greater number of votes , promptly
direct a run -off election in which the ballot will allow employees the.
opportunity to vote for or against this organization."
In the instant case, a majority of the employees in the appropriate
unit have indicated a desire to bargain collectively with the Com-
pany, though they have accorded neither of the rival unions a ma-
jority. It may be, therefore , that if given an opportunity to vote for
or against the Amalgamated ( which received the greater number of
votes ), the employees who did not , on the first ballot, vote for the
Amalgamated because they desired to be represented by the E. L. O.,
will choose to be represented by the Amalgamated for the purposes of
collective bargaining rather than to bargain individually.
On December 31, 1937, the Amalgamated, having received the,
greater number of votes , requested , by letter addressed to the Board,
that a run-off election be held. The Board finds that the question
concerning representation can best be resolved by a run-off election
and will so direct.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in National Labor
Relations Board by Section 9 (c) of National Labor Relations Act,
49 Stat. 449, pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with the Fed-
ders Manufacturing Company, an election by secret ballot shall be
conducted within twenty (20) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
24N L.R B.55.
772 NATIONAL LABOR RELATIONS BOARD
Third Region, acting in this matter as agent for National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among the production employees of the Fedders
Manufacturing Company who appear on the pay-roll list of July 11,
1937, excluding foremen, assistant foremen, and others in supervisory
capacities, office workers, janitors, porters, shipping clerks, depart-
ment clerks, clerks under foremen in the shop, engineers, draftsmen,
nurses, watchmen, and all other salaried employees, and excluding
the repair man in the Detroit, Michigan, office, but including the stock-
room helper, to determine whether or not they desire to be repre-
sented by Lodge No. 1753, Amalgamated Association of Iron, Steel,
and Tin Workers, affiliated with the Committee for Industrial
Organization, for the purposes of collective bargaining.
MR. DONALD WAKEFIELD SOUTH took no part in the consideration of
the above Supplemental Decision and Direction of Election.