Illinois Tool Works

National Labor Relations Board - Board Decisions

Jun 1, 1940

24 N.L.R.B. 292 (N.L.R.B. 1940)

In the Matter of ILLINoIs TOOL WORKS and METAL TRADES DEPART-
MENT OF THE AMERICAN FEDERATION OF LABOR, ELGIN, ILLINOIS
Case No. R-17377
SUPPLEMENTAL DECISION
AND
ORDER
June 1, 1940
On March 14, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding? The Direction of Election provided that
an election by secret ballot be conducted as early as possible but not
later than thirty (30) days from the date of the Direction, under
the direction and supervision of the Regional Director for the Thir-
teenth Region, (Chicago, Illinois) among all production and mainte-
nance employees of Illinois Tool Works at its Elgin, Illinois, plant,
including shipping and receiving-room employees, janitors, watch-
men, and boilermen, who were employed by the Company during the
pay-roll period next preceding the date of the Direction, including
such employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, but exclud-
ing office employees, full-time clerical employees, and supervisory em-
ployees, and also excluding employees who between such pay-roll
date and the date of the election quit or were discharged for cause,
to determine whether of not they wished to be represented for the pur-
pose of collective bargaining, by Metal Trades Department of the
American Federation of Labor.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on April 4, 1940, under the direction and supervision
of the Regional Director. On April 10, 1940, 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 Election Report.
1 21 N. L. R. B. 660.
24 N. L. R. B., No. 15.
292
ILLINOIS TOOL WORKS 293
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote________________________________ 206
Total number of ballots cast________________________________ 183
Total number of votes cast for METAL TRADER DEPARTMENT Of
the AMERICAN FEDERATION OF LABOR------------------------ 86
Total number of votes cast against METAL TRADES DEPARTMENT
of the AMERICAN FEDERATION or LABOR_____________________ 95
Total number of challenged ballots__________________________ 2
Thereafter, pursuant to an extension of time granted by the Board,
the Metal Trades Department filed with the Regional Director a
motion to set aside the election of April 4, 1940, on the ground that
the Company had, prior to the election, engaged in certain specified
interference, restraint, and coercion; and for an order amending the
Decision and Direction of Election herein so as to provide for an-
other election at such time as the Board in its discretion might direct.
The Regional Director considered the motion as Objections to the
Election Report, investigated the matters contained therein, and
issued and duly served upon the parties his Report thereon.2
Upon the entire record in the instant case we find that substantial
and material issues are raised with respect to the conduct of the
ballot. However, in view of the circumstances set forth below, we
are of the opinion that a hearing upon such issues should not be
directed and that the present proceeding should be dismissed without
prejudice to the filing of a new petition by the Metal Trades Depart-
ment for an investigation and certification of representatives.
On November 27, 1939, prior to the filing of the petition herein, the
Board issued a Decision and Order 8 in an unfair labor practice pro-
ceeding involving the Elgin, Illinois, plant of Illinois Tool Works,
which is the same plant as is involved in the instant case. In its
Decision and Order the Board found that the Company had inter-
fered with, restrained, and coerced its employees in the exercise of
rights guaranteed by the Act, and ordered the Company to cease and
desist from the unfair labor practices found and take certain affirma-
tive action designed to effectuate the policies of the Act. The Re-
gional Director has advised the Board that the Company has not com-
plied with said Order. In view of the foregoing, no purpose would
be served by further proceedings in the instant case.
2 On April 22, 1940, the Metal Trades Department filed a motion containing no specifica-
tions of improper conduct by the Company. Thereafter, on April 25, 1940, the Metal
Trades Department filed a document, styled a "Brief," setting forth the alleged acts of
interference, restraint, and coercion. We shall treat this document, as did the Regional
Director, as an amplification of the original motion, and as together constituting Objections
to the Election Report.
8 Matter of Illinois Tool Works, a corporation and International Association of Machin-
ists, affiliated with the A. F. of L., 17 N. L. R. B. 1016. The case arose upon charges
filed by the International Association of Machinists, which is one of the constituent craft
unions of the Metal Trades Department.
283035-42-vol. 24-20
294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 an investigation and certification of
representatives of employees of Illinois Tool Works, at its Elgin,
Illinois, plant, filed by Metal Trades Department of the American
Federation of Labor, be, and it hereby is, dismissed without prejudice.