Linderme Tube Co.

National Labor Relations Board - Board Decisions

Apr 17, 1940

22 N.L.R.B. 1016 (N.L.R.B. 1940)

In the Matter of LINDERME TUBE COMPANY and FEDERAL. LABOR
UNION No. 22122, (A. F. of L.)
Case No. R-1680
Election Ordered: run-off
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
April 17, 194.0
On February 19, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in this
proceeding,' directing that an election by secret ballot be conducted
among certain employees of Linderme Tube Company, herein called
the Company, to determine whether they desired to be represented
by Federal Labor Union No. 22122, (A. F. of L.), herein called the
A. F. of L., or United Automobile Workers of America, Local 217,
C. I. 0., herein called the C. I. 0., or by neither, for the- purposes
of collective bargaining.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on March 1, 1940, under the direction and supervision
of the Regional Director for the Eighth Region (Cleveland, Ohio).
On March 5, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula..
tions-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 conduct 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 eligible to vote________________________________ 115
Total number of ballots cast________________________________ 111
Total number of challenged ballots__________________________ 0
Total number of blank ballots_______________________________ 0
Total number of void ballots________ ________________________ 0
3 22 N. L. R B 465
22 N. L. R. B., No. 82.
1016
LINDERME TUBE COMPANY 1017
Total number of valid votes cast--------------------------- 111
Total number of votes for Federal Labor Union No. 22122,
(A. F. of L )--------------------------------------------- 50
Total number of votes for United Automobile Workers of
America Local 217 (C. I. 0.) ------------------------------ 55
Total number of votes for neither---------------------------- 6
On March 5, 1940, the C. I. 0., which had received the greater
number of votes, filed a formal request for a run-off election to be
held by the Board. On March 22, 1940, the A. F. of L. filed objec-
tions to a run-off election with only the C. I. O. on the ballot 2 and
requested that its name be included on any run-off ballot.
The Election Report reveals that neither of the competing labor
organizations received a majority of the votes cast, but that a substan-
tial 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 B. K. LeBlond Machine
Tool Co., Cincinnati Electrical Tool Co. and Independent Employees
Organization '3 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 United Automobile Workers of
America Local 217, C. I. 0., or by Federal Labor Union No. 22122,
(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 Re-
lations 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
DmEcTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Linderme Tube Company, Euclid, Ohio, 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 Eighth
Region, acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regula-
tions, among the employees described in the Direction of Election
issued February 19, 1940, but excluding those who have since quit or
been discharged for cause, to determine whether they desire to be
represented by United Automobile Workers of America Local 217,
2 On March 7, 1940 , the A. F. of L. notified the Board by telegram of its intention to
file such objections.
' 22 N. L. R B. 465.
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
C. I. 0., or by Federal Labor Union No. 22122, (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,5
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.
+Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and Inde-
pendent 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
No. 2573, 16 N L R. B. 476
See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and
Independent Employees Organization, 22 N. L R. B 465