Hall-Aluminum Aircraft Corp.

National Labor Relations Board - Board Decisions

Mar 30, 1940

22 N.L.R.B. 472 (N.L.R.B. 1940)

In the Matter of HALL- ALUMINUM AIRCRAFT CORP. and INTERNATIONAL
ASSOCIATION OF MACHINISTS
Case No. R-1681
Election Ordered : run-off.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
March 30, 1940
On March 1, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction in this proceeding,'
directing that an election by secret ballot be conducted among certain
employees of Hall-Aluminum Aircraft Corporation, herein called the
Company, to determine whether they desired to be represented for
the purposes of collective bargaining by International Association of
Machinists, herein called the I. A. M.; by Local Number 479, United
Automobile Workers of America, herein called the U. A. W.; or by
neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on March 12, 1940, under the direction and supervision
of the Regional Director for the Fourth Region (Philadelphia, Penn-
sylvania). On March 15, 1940, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, prepared and duly
served upon the parties an Election Report, setting forth the results
of the election, including his disposition of the challenged ballots.
As to the results of the balloting, the Regional Director reported
as follows :
Total eligible to vote---------------------------------------- 131
Total ballots cast------------------------------------------- 120
Total ballots cast for International Association of Machinists,
affiliated with American Federation of Labor---------------- 44
Total ballots cast for Local Number 479, United Automobile
Workers of America, affiliated with Congress of Industrial
Organizations -------------------------------------------- 38
121 N L R B 17
22 N. L. R. B , No. 18
472
HALL-ALUMINUM AIRCRAFT CORP. 473
Total ballots cast for neither--------------------------------- 37
Total blank ballots------------------------------------------ 1
Total void ballots------------------------------------------ 0
Total challenged ballots------------------------------------- 5
No objections to the conduct of the ballot 'or to the Election Report
have been filed by any of the parties. The I. A. M., which received
a plurality in the election, has requested a run-off election to deter-
mine whether or not the employees desire to be represented by the
I. A. M. for the purposes of collective bargaining.
The Election Report reveals that neither of the competing labor
organizations received a majority of the votes cast, but that a sub-
stantial majority of the employees voting desire to be represented by
a labor organization for the purposes of collective bargaining with
the Company. The procedure in run-off elections, under such circum-
stances, has been modified by the Board, for reasons separately stated
by a majority of its members, in Matter of R. K. Le Blond Machine
Tool Co., Cincinnati Electrical Tool Co. and Independent Employees
Organization,2 so that the ballot shall contain the names of both
labor organizations but no place in which to vote again for "neither";
the organization receiving the higher number of votes to be certified
as exclusive bargaining representative.
Accordingly, the Board will direct a run-off election in which the
employees will be given the opportunity to decide whether they desire
to be represented by the I. A. Al. or by the U. A. W. for the purposes
of collective bargaining. The request of the I. A. M., in so far as
it would exclude the U. A. W. from the ballot and limit the election
to a determination of whether or not the I. A. M. should be the
representative, is hereby denied.
SECOND DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Hall-Aluminum Aircraft Corporation, Bristol, Pennsylvania, 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
of Election, under the direction and supervision of the Regional Di-
rector for the Fourth Region, acting in this matter as agent for the
2 Decided this day, 22 N. L R. B, 465.
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations, among the employees described in the
Direction of Election issued March 1, 1940, but excluding those who
have since quit or been discharged for cause, to determine whether
they desire to be represented for the purposes of'collective bargaining
by International Association of Machinists, affiliated with American
Federation of Labor, or by Local Number 479, United Automobile
Workers of America, affiliated with Congress of Industrial Organ-
izations.
MR. WILLIAM M. LEISERSON, concurring in part and dissenting in
part :
I hold to my opinion in the R. K. Le Blond 3 case that the Board
is not authorized by the Act to order a run-off election at all, but
that since the majority does direct one, the ballot should contain
only the names of the two organizations which have been designated
by employees to represent them for collective bargaining, and no place
to vote for "neither."
CHAIRMAN MADDEN, concurring in part and dissenting in part :
Adhering to the views expressed in my opinion in the B. K. Le
Blond case, I think the Board should permit the eligible employees
to vote, as under the former run-off election procedure, for or against
the I. A. M., which received a plurality of the votes in the original
election.
8 See also my dissenting opinion in Matter of Coos Bay Lumber Company and Lumber
and Saavniill Worlers Union Local No. 2573,16 N. L. R. B. 476.