Litchfield Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 29, 1946

70 N.L.R.B. 900 (N.L.R.B. 1946)

In the Matter of LITCHI 'IELD MANUFACTURING COMPANY and UNITED
FARM EQUIPMENT AND METAL WORKERS OF AMERICA , C. I. O.
Case No.,18-R-1145
SUPPLEMENTAL DECISION
AND
DIRECTION OF SECOND ELECTION
August 29, 1946
On January 19, 1945, pursuant to a Decision and Direction,of Elec-
tion issued by the Board in this case on December 28, 1944 (59 N. L.
R. B. 1270), an election was conducted under the direction and super-
vision of. the Regional Director for the Eighteenthh Region (Minne-
apolis, Minnesota),,aniong the employees in the, unit found appro-
priate in the Decision to determine whether or not they desired to
be represented by United Farm Equipment and Metal Workers of
America, C. I. 0., herein called the Farm Equipment Workers. The
election was lost by the Farm Equipment Workers 1 and it filed Ob-
jections to the election on January 23, 1945.
In a Decision and Order issued on April 27, 1945 (63 N. L. R. B.
545), a consolidated proceeding in which the Board considered both
the Objections to the election filed by the Farm Equipment Workers in
this case, and also an unfair labor practice charge alleging violations
of Section 8 (1) and 8 (3) of the Act which was'filed by that same
organization on January 26, 1945, in Case No. 18-C-1114, the Board
found, inter alia, that the Company's employees had been deprived
of their right freely to select a bargaining representative of their
own choosing at the January 19, 1945, election and vacated and set
aside that, election. In this Decision the Board stated that a new
i The Tally of Ballots furnished the parties revealed the following facts :
Approximate number of eligible voters -------------------------- 89
Void Ballots-------------------------------------------------- None
Votes cast for United Farm Equipment and Metal Workers of America,
C. I. 0---------------------------------------------------- 28
Votes cast against participating labor organization --------------- 46
Valid votes counted----------------------- --------------------- 74
Challenged ballots--------------------------------------------- 5
Valid votes counted plus challenged ballots-------- --------------- 79
70 N. L. R. B, No. 69.
900
LITCHFIELD MANUFACTURING COMPANY 901
election would be held in this case at such time as the Regional Direc-
tor advised that the time was appropriate.'
On October 12, 1945, and on May 6, 1946, the International Asso-
.ciation of Machinists, District No. 134, herein called the LAM, filed
petitions for investigation and certification of representatives in which
it alleged as appropriate the same unit previously established in the
Board's Decision of December 28, 1944.3 The Regional Director re-
fused to issue a notice of hearing in either of these cases on the ground
that the Company had not yet complied in Case No. 18-C-1114.
Case No. 18-C-1114 was closed on July 15, 1946, on the basis of
full compliance with the Board's Order as modified by the Circuit
Court, and the Regional Director has advised the Board that the time
is now appropriate for holding a new election.
On July 17, 1946, the IAM filed a motion to intervene and to be
placed on the ballot in any new election which the Board might direct
in the instant proceeding, and on August 8, 1946, the International
Union, United Automobile, Aircraft & Agricultural Implement Work-
ers of America, C. I. 0., herein called the UAW-CIO, filed a similar
motion; both these organizations agree upon the unit previously found
appropriate by the Board and have presented evidence of representa-
tion among the employees in this unit. The Farm Equipment Work-
ers apparently opposes their participation in the election. Under all
the circumstances of this case, particularly the fact that as much as 18
months have elapsed since the holding of the original election, the
motions of the IAM and the UAW-CIO are granted.
DIRECTION OF SECOND 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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Litchfield Manu-
facturing Company, Waterloo, Iowa, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
2 With respect to the unfair labor practices alleged in Case No. 18-C-1114, the Board
found that the Company had acted in violation of Section 8 (1) and ( 3) of the Act and
issued an appropriate Order . Subsequently , on April 22 , 1946, the Circuit Court of Appeals
for the Eighth Circuit affirmed the Board 's findings that the Company had violated Section
8 (1) and had prevented the employees from exercising a free choice in the election of
January 19, 1945. It held, however, that the Board 's findings with respect to the Com-
pany's alleged violation of Section 8 ( 3) were not sustained by substantial evidence and
modified the Board 's Order accordingly . N. L. R. B. V. Litchfield Manufacturing Company,
157 F ( 2d) 739 (C. C. A. 8).
Case No. 18-R-1408 and Case No. 18-R-1530.
902 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from the date of this Direction of Second Election, under the direc-
tion and supervision of the Regional Director for the Eighteenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, of said Rules
and Regulations, among employees in the unit found appropriate in
the Board's Decision of December 28, 1944, who were employed during
the pay-roll period immediately preceding the date of this Direction
of Second Election, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the second
election, to determine whether they desire to be represented by United
Farm Equipment and Metal Workers of America, C. I. 0., or by Inter-
national Association of Machinists, District No. 134, or by Interna-
tional Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, C. I. 0., for the purposes of collective bargain-
ing, or by none of these organizations.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of
the above Supplemental Decision and Direction of Second Election..