Linderme Ture Co.

National Labor Relations Board - Board DecisionsJun 11, 1940

24 N.L.R.B. 587 (N.L.R.B. 1940)

In the Matter of LINDERbiE TUBE CO31PANY and FEDERAL LABOR UNION No. 22122 (A. F. OF L.) Case No. R-1680 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES June 11, 1940 On February 19, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled case, and on April 17, 1940, issued a Supple- mental Decision and Second Direction of Election 2 directing that a run-off election by secret ballot be conducted among certain em- ployees of Linderme Tube Company, Euclid, Ohio, 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. O., herein called the C. I. 0., for the purposes of collective bargaining. Pursuant to the Second Direction of Election, an election by secret ballot was conducted on May 3, 1940, under the direction and super- vision of the Regional Director for the Eighth Region (Cleveland, Ohio). On May. 4, 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 a Run-off Election Report, setting forth the results of the election. As to the results of the balloting, the Regional Director reported as follows : Total number eligible to vote-------------------------------- 116 Total number of ballots cast--------------------------------- 105 Total number of challenged ballots --------------------------- 29 Total number of blank ballots------------------------------- 0 Total number of void ballots---------------------------------- 0 Total number of votes for Federal Labor Union No. 22122 (A. F. of L.)-------------=------------------------------- 66 Total number of votes for United Automobile Workers of America, Local 21.7 (C. I. 0.) ------------------------------ 1.0 1 20 N . L. R. B. 567. 2 22 N . L. R. B. 1016. 24 N. L. R. B., No. 54. 587 588 DECISIONS OF NATIONAL LABOR RELATIONS: BOARD Since the number of challenged ballots cannot affect the result of the election, we find it unnecessary to pass upon the challenges. On May 9, 1940, the C. I. O. filed with the Regional Director objections and exceptions to his report on the grounds generally 3 (1) that between the first and second elections there had been lay- offs intended to affect the results of the run-off election, and (2) that the Company had manifested a preference for the A. F. of L. in such a manner as would influence the employees' vote. On May 24, 1940, the Regional Director, acting pursuant to Ar- ticle III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued his Report on Objec- tions in which he reported the results of his investigation 4 and recommended that the A. F. of L. be certified. The Board has considered the Election Report,' the objections filed by the C. I. 0., and the Report on Objections, and finds that the objections filed by the C. I. O. do not raise substantial or mate- rial issues with respect to the conduct of the ballot or the Elec- tion Report. 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, 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 CERTIFIED that Federal Labor Union No. 22122 (A. F. of L.) has been designated and selected by a majority of all production and maintenance employees of the Linderme Tube Company, Euclid, Ohio, including set-up men, furnace operators, and box-makers, but excluding supervisors, as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the National Labor Relations Act, Federal Labor Union No. 22122 (A. F. of L.) is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 8 The C. I. O. set forth 10 specific objections which it is unnecessary to enumerate here. * The Report on Objections contained inter alia relevant statistical data in connection with the lay-offs and reinstatements including the following Table IV. Comparison of numbers of A. F. of L. and CIO members laid off : Members Number laid off of in March lay-offs Number recalled be- fore May 3, 1940 Number not re- called by May 3, 1940 Local 217 (CIO) ------------ 13 0 13 Local 22122 (A F of L)_____ 18 7 11 Both Unions________________ 2 0 2 Neither Union_______________ 17 6 11 It may be noted that the Second Direction of Election provided that all persons in the appropriate unit as originally designated might vote . There were 105 ballots cast while approximately 76 employees remained in the employ of the Company , indicating that the majority of those laid off did vote.