Klauber Wangenheim Co.

National Labor Relations Board - Board Decisions

Aug 7, 1940

26 N.L.R.B. 224 (N.L.R.B. 1940)

In the Matter Of KLAUBER WANGENHEIM Co. and INTERNATIONAL
LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL No. 1=38,
C. I. O.
Case No. R-1873
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
August 7, 1940
,,On July 9, 1940, the National Labor Relations Board, herein called
,the Board, issued a Decision and Direction of Election in this pro-
ceeding,' directing that an election by secret ballot be conducted
among certain employees of Klauber Wangenheim Co., herein called
the Company, to determine whether they desired to be represented
by International Longshoremen's and Warehousemen's Union, Local
No. 1-38, C. I. 0., herein called the'C. I. 0., or International Brother-
hood of Teamsters, Chauffeurs, Stablemen and Helpers, Local No. 542,
A. F. of L., herein called Local 542, or by neither, for the purposes
of collective bargaining.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on July 22, 1940, under the direction and supervision
of the Regional Director for the Twenty-first Region (Los Angeles,
California). On July 23, 1940, the Regional Director, acting pursuant
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. No objections were made by any of the parties to the con-
duct of the election or to the accuracy of the Regional Director's
report on the results of the election.
As to the results of the balloting, the Regional Director reported
as follows:
Total number of eligible to vote---------------- ---------
-
57
Total number of ballots cast --- ------------ I ------------ 52
Total number of challenged ballots_______________________ - 2
Total number of blank ballots_____________________--------------------------- 0
125 N. L R. B. 245.
26 N. L. R. B., No. 29
224
KLAUBER WANGENHEIM CO. 225
Total number of void ballots --------------------------- 0 1
Total number of ballots not counted 2-------------------- , 2
Total number of ballots counted--------------------------- 50
Total number of votes for International Longshoremen's and
Warehousemen's Union, Local No 1-38, C I. 0----------- 23
Total number of votes for International Brotherhood of Team-
sters, Chauffeurs, Stablemen' and Helpers, Local Nd. 542, '
A. F. of L ---- =-------------- '------------------------- - 20
Total number of votes for neither---------------------'--- -- - ------ 7
On July 23, 1940, Local No. 542,--which had received the lesser
number of votes, filed a request for a run-off election to -be held by
the Board.
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 one or the other of
the'two organizations to bargain collectively for them. In accordance
with the practice established in Matter of R. K. LeBlond Machine
Tool Co., Cincinnati Electrical Tool Co. and Independent Employees
Organization,' the Board will direct a run-off election in which the
eligible employees will be given the opportunity to decide whether
they desire to be represented by International Longshoremen's and
Warehousemen's Union, Local No. 1-38, C. I. 0., or by International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers,
Local No. 542, A. F. of L., for the purposes of collective bargaining.
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 Klauber Wangenheim Co., San Diego, California, 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
Director for the Twenty-first 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 employees
described in the Direction of Election issued July 9, 1940, but exclud-
ing those who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by International Long-
2 Since the two challenged votes cannot affect the result of the election , we find it unnecessary to count
them or to pass upon them.
3 22 N L. R B. 465
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shoiemen's and Warehousemen's Union, Local No 1-38, C. I. 0 ,
or by International Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers, Local No. 542, A. F. of L., for the purposes of collective
bargaining.
MR. WILLIAM M. LEISERSON, concurring in part and dissenting in part:
My views with respect to the run-off election herein directed are
the same as those expressed in my opinion in the R. K. LeBlond
case.4
CHAIRMAN MADDEN, concurring in part and dissenting in part:
For the reasons stated in my opinion in the R. K. LeBlond case,,'
I would have the run-off ballot provide only for a vote for or against
the C. I. 0., which received a plurality in the original election.
4 Matter of R K LeBlond Machine Tool Co , Cincinnati Electrical Tool Co , and Independent Employees
Organization, 22 N L R B 465 See also my dissenting opinion in Matter of Coos Bay Lumber Company
and Lumber & Sawmill Workers Union Local Vo 2573,16 N. L. R B 476.
5 See Matter of R IC LeBlond Machine Tool Co , Cincinnati Electrical Tool Co and Independent Employees
Organization , 22 N L B B. 465.