International Harvester Co.

National Labor Relations Board - Board DecisionsAug 9, 1941

34 N.L.R.B. 106 (N.L.R.B. 1941)

In the Matter Of INTERNATIONAL HARVESTER COMPANY ( ROCK FALLS WORKS) and FEDERAL LABOR UNION No. 22647, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-2506 SUPPLEMENTAL DECISION AND DIRECTION August 9,1941 On May 22, 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 June 18, 1941, under the direc- tion and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On July 7, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. As to the balloting and its results, the Regional Director reported as follows : Total number of ballots cast_____________________________________________ 208 Total number on eligibility list__________________________________________ 203 Total number of ballots challenged_______________________________________ 9 Total number of void ballots --------------------------------------------- 0 Total number of blank ballots____________________________________________ 0 Total number of valid ballots cast________________________________________ 199 Total number of ballots cast for Local 22647_______________________________ 97 Total number of ballots cast for the F. E W. 0. C--------------------------- 101 Total number of ballots cast for neither___________________________________ 1 The Regional Director recommended in his Election Report that the challenges to three of the ballots be sustained and that the chal- lenges to five of the ballots be overruled. He further reported that the challenge to one of the ballots was withdrawn. On July 14 and 17, 1941; respectively, Local 22647 filed Objections to the Election Re- port and a Supplement to Objections to the Election Report. On July 15, 1941, the F. E. W. O. C. filed Objections to the Election Report. Local 22647 objected to the Regional Director's ruling that the challenges to the ballots of Hamilton Scott, Don Walters, and Washington Livingstone, be sustained, contending that such em- ployees should be eligible to vote in the election. The F. E. W. O. C. 132N.L R. B. 33. 34 N. L. R. B., No. 14. 106 INTERNATIONAL HARVESTER COMPANY 107 objected to the Regional Director's ruling that the challenges to the ballots of Clarence Shumaker, Thorlief Werland, and Earl Ellmaker be overruled. On July 23, 1941, the Regional Director issued a Re- port on Objections to Election Report, copies of which were duly served upon the parties. In respect to the objections to his rulings on the challenged ballots, the Regional Director's recommendations and rulings remain as set forth in the Election Report. We have considered the Objections of Local 22647 and the F. E. W. O. C. and the Regional Director's Report thereon. We overrule the Regional Director's recommendation and ruling with respect to the ballot of Earl Ellmaker since we find that he was not an employee of the Company during the period used to determine eligibility to vote. We find that the challenge to his ballot should be sustained. We also find and conclude, for the reasons indicated by the Regional Director in his Election Report and Report on Objections to Election Report, that Clarence Shumaker, Thorlief Werland, E. L. Albus, and Paul Anderson, challenged at the election, were eligible to vote. Accordingly, we hereby overrule the Objections of Local 22647 to the Election Report and sustain the Objection of the F. E. W. O. C. to the ruling of the Regional Director on the ballot of Earl Ell- maker. We find that the Objections raise no substantial or material issues with respect to the conduct of the ballot. Since the results of the election may be affected by the counting of the four challenged ballots declared valid and the ballot to which the challenge has been withdrawn, we shall direct that they be counted. DIRECTION 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 directed by the Board to ascertain representatives for the purposes of collective bargaining with International Harvester Company (Rock Falls Works), Rock Falls, Illinois, the Regional Director for the Thirteenth Region (Chi- cago, Illinois) shall, pursuant to the Rules and Regulations of the Board set forth above, and subject to Article III, Section 9, of said Rules and Regulations, within ten (10) days froon the date of this Direction, open and count the ballots of Clarence Shumaker, Thor- lief Werland, E. L. Albus, Paul Anderson, and Glen Knuth and shall thereafter prepare and cause to be served upon the parties in this case a Supplemental Election Report embodying his findings therein and his recommendations as to the results of the secret ballot.