Hatfield Wire & Cable Co.

National Labor Relations Board - Board Decisions

Sep 17, 1941

35 N.L.R.B. 462 (N.L.R.B. 1941)

In the Matter of HATFIELD WIRE & CABLE COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, A . F. OF L.
Case No. R-.647
SUPPLEMENTAL DECISION
AND
ORDER
September 17, 1941
On July 18, 1941, 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 elec-
tion by secret ballot was conducted on July 30, 1941, by the Regional
Director for the Second Region (New York City) among all produc-
tion and maintenance employees of Hatfield Wire & Cable Company
at its Hackettstown, New Jersey, plant, excluding supervisory and
'clerical employees, to determine whether they desired to be repre-
sented for the purposes of collective bargaining by United Electrical,
Radio & Machine Workers of America, Local No. 403, affiliated with
the Congress of Industrial Organizations, herein called the United, or
by International Brotherhood of Electrical Workers, affiliated with
the American Federation of Labor, herein called the I. B. E. W., or
by neither. On August 2, 1941, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties her Election Report. No objections to the conduct
of the ballot or to the Election Report have been filed by any of the
parties.
-As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote______________________________ 80
Total number of ballots cast_______________________________ 82
Total number of valid ballots ______________________________ 71
Total number of votes cast in favor of United Electrical, Radio
& Machine Workers of America, Local No. 403 , affiliated
with the Congress of Industrial Organizations ____________ 44
1 33 N. L. R. B. 533.
35 N. L R. B., No. 103
462
HATFIELD WIRE & CABLE COMPANY 463
Total number of votes cast in favor of International Brother-
hood of Electrical Workers, affiliated with the American
Federation of Labor____________________________________ 22
Total number of votes in favor of neither union _____________ 0
Total number of void ballots_______________________________ 0
Total number of challenged votes___ ________________________ 11
Since the number of challenged ballots cannot affect the result of
the election, we need not consider them.
In its Decision the Board made no final determination as to the
appropriate unit.2 The Board there stated that if the employees
voting in the,election selected the I. B. E. W. as their representative,
they would constitute a separate appropriate unit; if they chose the
United as their representative, the Board would dismiss the petition
for the reason that certification would not be necessary in view of
the existing contract between the United and the Company.
The results of the election show that the employees have designated
the United as their collective bargaining representative. We shall
therefore dismiss the petition for investigation and certification of
representatives filed by the L` B. E. W.
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 certifi-
cation of representatives of employees of Hatfield Wire & Cable Com-
pany, Hackettstown, New Jersey, filed by International Brotherhood
of Electrical Workers, A. F. of L., be, and it hereby is, dismissed.
2 The Company operates two plants , one at Hillside and the other at Hackettstown,
New Jersey . The I . B E W. on a consent election held among the employees of the
Wire and Cable Division at the Hillside plant on July 9, 1940 Thereafter , pursuant to
the terms of the agreement for the conduct of the consent election , the Company and the
United signed a closed -shop contract on October 11, 1940, to be in effect until June 1,
1941, covering all production and maintenance employees at the Hackettstown and Hillside
plants, except employees in the Wire and Cable Division at the Hillside plant. Thereafter,
the contract was extended by the parties pending disposition of this proceeding On
December 3, 1940, the Company entered into a similar contract with the I. B. E. W to be
effective until April 1, 1942, covering all employees in the Wire and Cable Division
at the Hillside plant.