Kingan & Co., Incorporated

National Labor Relations Board - Board DecisionsJul 20, 1939

13 N.L.R.B. 796 (N.L.R.B. 1939)

In the Matter Of KINGAN & CO., INCORPORATED and UNITED MEAT PACKING WORKERS, LOCAL INDUSTRIAL UNION No. 117 Case No. R-1371 Meat Packing Industi y-Election Ordered : run-off. SUPPLEMENTAL DECISION AND DIRECTION OF ELECTION Jiiiy 0, 1939 On May 27, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding,' directing that an election by secret ballot be conducted within fifteen (15) days from the date of the Direction among the production employees of Kingan & Co., Incor- porated, herein called the Company, at its Indianapolis, Indiana, plant, whose names appeared on the Company's April 29, 1939, pay roll, including employees who did not work during such pay-roll period because they were ill or on vacation, but excluding super- visory, clerical, and salaried employees and all employees who have since quit or have been discharged for cause to determine whether they desired to be represented for the purposes of collective bar- gaining by United Meat Packing Workers, Local Industrial Union No. 117, affiliated with the Congress of Industrial Organizations, herein called the United, or by Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union No. 165, affiliated with the American Federation of Labor, herein called the Amalga- mated, or by neither. Pursuant to the Direction, an election by secret ballot was con- ducted on June 9, 1939, at Indianapolis, Indiana, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On June 12, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, issued an 112 N L R B 1327 13 N. L. R. B., No 86 796 KINGAN & COMPANY, INCORPORATED 797 Intermediate Report on the election, copies of which were duly served upon the parties. The Regional Director reported the following results of the balloting : Total number of employees alleged eligible to vote---------- 1, 708 Total number of votes cast________________________________ 1,582 Total number of valid votes cast_____ _____________________ 1,566 Total number of votes for the United Meat Packing Workers Local Industrial Union No. 117, affiliated with the C. I. O_ 740 Total number of votes for the Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union No. 165, affiliated with the A. F. of L________________________ 774 Total number of votes for neither organization _____________ 52 Total number of blank ballots _____________________________ 10 Total number of void ballots ______________________________ 6 Total number of challenged ballots ________________________ 0 On June 13, 1939, and on June 16, 1939, the United filed objec- tions and supplemental objections to the election, contending that the election was improperly held on the Company's premises, that some employees did not vote and others, who would have voted for the United, failed to do so because of coercion by supervisory employees of the Company, and that due notice was not given to employees on vacation. Oral argument on these objections was also requested. On June 19, 1939, the United filed a petition requesting that the election of June 9 be declared void. On June 22, 1939, the Amalga- mated filed an answer to the United's petition and requested by motion that the Board dismiss said petition. On June 27, 1939, the Regional Director informed the Board that an investigation, which had been conducted under his direction, failed to raise a substantial and material issue with respect to the conduct of the election. The Regional Director certified that the secret ballot was fairly and im- partially conducted and that the ballots cast were duly and fairly counted under his supervision and that statements to such effect from the authorized observers for the unions had been filed with him. We have considered the objections to the election, together with the report of the Regional Director thereon, and find that they do not warrant setting aside the election. The objections to the election are hereby overruled. Similarly, the United's request for oral argument is hereby denied and its afore-mentioned petition dismissed. On June 12, 1939, the Amalgamated filed with the Regional Direc- tor a request for a run-off election and on June 14, 1939, it objected to the inclusion of the United on the ballot. On June 16, 1939, the United likewise filed its petition requesting that it be included on the ballot. It has been the Board's practice, where one of two unions 798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD receives a plurality but not a majority of the votes, to direct a run- off election upon the request of the union receiving the greater num- ber of votes, to determine whether or not the employees desire to, be represented by that union for the purposes of collective bargain- ing.2 In view of the Amalgamated's request, the Board finds that a run-off election should be held and will so direct. Following the usual practice of the Board, the United will not be included on the ballot for such election. 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIREVrED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Kingan & Co., Incorporated, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction under the direction and supervision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the production employees of Kingan & Co., Incorporated, at its Indianapolis, Indiana, plant, whose names appear on the Company's, April 29, 1939, pay roll, including em- ployees who did not work during such pay-roll period because they were ill or on vacation, excluding supervisory, clerical, and salaried employees and all employees who have since quit or have been dis- charged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by Amalga- mated Meat Cutters and Butcher Workmen of North America, Local Union No. 165, affiliated with the American Federation of Labor. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Direction of Election. z Matter of Shell Petroleum Corporation and Oil Workers International Union, Local No. 367, 10 N. L. R. B. 1107.