Mack-International Motor Truck Corp.

National Labor Relations Board - Board Decisions

Nov 12, 1941

36 N.L.R.B. 870 (N.L.R.B. 1941)

In the Matter Of MACK-INTERNATIONAL MOTOR TRUCK CORPORATION
and AMALGAMATED LOCAL 259, UNITED AUTOMOBILE WORKERS OF
AMERICA, C. '1. 'O.
Case No. R LJp57
SUPPLEMENTAL DECISION, SECOND DIRECTION
OF ELECTION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
November 12 ,'1941
On April 28, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in
this proceeding.' Pursuant to the Direction of Elections,, elections
by secret ballot were conducted on May 7 : and 8, 1941, under the
direction and supervision of the Regional Director for the Second
Region (New York City) at the six plants of Mack-International
Motor Truck Corporation, herein called the Company, located in the
metropolitan area of New York City. On May 10, 1941,.the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued.
and duly served upon the parties her Election Report.
. As to the balloting and its results, the Regional Director reported
as follows :
With respect to the Long Island City, New York, Plant
Total Number Eligible to Vote______________________________ 272
Total Number of Ballots Cast_______________________________ 251
Total Number of Valid Ballots______________________________ 247
Total Number of Votes in favor of Amalgamated Local 259,
United • Automobile Workers of America , C. I. 189
Total Number of Votes in favor of Automobile Lodge No. 447,
International Association of Machinists, A. F. of L________ 8
Tot.1 Numl; er of Votes in favor of neither union _____________ 50
Total Number of Blank Votes________________________________ 1
Total Number of Void Ballots_______________________________ 0
Total Number of Challenged Votes __________________________ 3
131 N. L. R. B., No. 66.
36 N. L. R. B., No. 178.
870
MACK-INTERNATIONAL MOTOR TRUCK CORPORATION 871
With. respect to the Mineola, New York, Plant
Total Number Eligible to Vote________________________________ 18
Total Number of Ballots Cast________________________________ 18
Total Number of Valid Ballots_______________________________
Total Number of Votes in favor of Amalgamated Local 259,
1S
United Automobile Workers of America, C. I. 0-------------- 15
Total Number of Votes in favor of Automobile Lodge No. 447,
International Association of Machinists, A. F. of L---------- 0
Total Number of Votes in favor of neither union-------------- 3
Total Number of Blank Votes --------------------------------- 0
Total Number of Void Ballots________________________________ 0
Total Number of Challenged Votes ----------- -- ------------- 0
With respect to the Brooklyn, New York, Plant
Total Number Eligible to Vote________________________________ 29
Total Number of Ballots Cast -------------------------------- -- 28
Total Number of Valid Ballots_______________________________ 28
Total Number of Votes in favor of Amalgamated Local 259,
United Automobile Workers of America, C. I. 0------------ 4
Total Number of Votes in favor of Automobile -Lodge No. 447,
International Association of Machinists, A. F. of L---------- 22
Total Number of Votes in favor of neither union_____________ 2
Total Number of Blank Votes________________________________ 0
Total Number of Void Ballots________________________________ 0
Total Number of Challenged Votes---------- ---------------- 0
With respect to the Bronx, New York, Plant
Total Number Eligible to Vote_______________________________ 34
Total Number of Ballots Cast________________________________ 34
Total Number of Valid Ballots_______________________________ 34
Total Number of Votes in. favor of Amalgamated Local 259,
United Automobile Workers of America, C. I. 0------------ 9
Total Number of Votes in favor of Automobile Lodge No. 447,
International Association of Machinists, A. F. of L---------- 10
Total Number of Votes in favor of neither union______________ 15
Total- Number of Blank Votes________________________________ 0
Total Number of Void Ballots--* ------------------------------ 0
Total Number of Challenged Votes___________________________ 0
With respect to the New York City, New York, Plait
Total Number Eligible to Vote________________________________ 32
Total Number of Ballots Cast_______________________________ 31
Total Number of Valid Ballots_______________________________ 31
Total Number of Votes in favor of Amalgamated Local 259,'
United Automobile Workers of America, C. I. 0------------ 13
Total Number of Votes in favor of Automobile Lodge No. 447,
International Association of Machinists, A. F. of L---------- 1
Total Number of Votes in favor of neither union-------------- 17
Total Number of Blank Votes________________________________ 0
Total Number of Void Ballots________________________________ 0
Total Number of Challenged Votes___________________________ 0
872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to the White Plains, New York, Plant
Total Number Eligible to Vote________________________________ 14
Total Number of Ballots Cast_________________________________ 14
Total Number of Valid Ballots________________________________ 14
Total Number of Votes in favor of Amalgamated Local 259,
United Automobile Workers of America, C. I. O_____________ 2
Total Number of Votes in favor of Automobile Lodge No. 447,
International Association of Machinists , A. F. of L___________ 0
Total Number of Votes in favor of neither union____________ 12
'Total Number of Blank Votes_______________________________ 0
Total Number of Void Ballots________________________________ 0
Total Number of Challenged Votes____________________________ 0
On June 17,. 1941, Amalgamated Local 259, United Automobile'
Workers of America, C. I. 0., herein called the C. I. 0., filed Objec-
tions to the Election Report with respect .to the elections held at the
New York City, Brooklyn, Bronx, and White . Plains plants. On
August 25, 1941, the C. I. O. withdrew its objections previously filed
with respect to the elections at the New York City and Brooklyn plants
and reasserted its .objections to the conduct of the elections at the
Bronx and White Plains plants.
On October 10, 1941, the Regional Director issued her Report on
Objections. With respect to the Bronx plant, the Regional Director
reported that the Company, the C. 1. 0., and Automobile Lodge No. 448,
International Association of Machinists, A. F. of L., had agreed to
set aside the results of the election conducted on May 8, 1941, at the
Bronx plant, and to participate in a new election among such employees
for the selection of a bargaining agent. In view of this agreement, the
Regional Director made no findings with respect to the merits of the
objections to the conduct of the election and the Election'Report at
the Bronx plant. On the basis of the agreement of the parties, we
hereby declare the election of May 8, 1941, held at the Bronx plant
null and void and we shall direct that a new election be held among
employees at the Bronx plant. Eligibility to vote in the election shall
be determined by employment during the pay roll immediately pre-
ceding the' date of our Second Direction of Election, subject to such
limitations and additions as are set forth in the Second Direction of
Election.2
With respect to the White Plains plant, we have considered the objec-
tions filed by the C. I. O. and the Regional Director's report thereon
and find that the objections raise no substantial and material issues
with respect to the conduct of the ballot or to the Election Report.
The objections are hereby overruled.
With respect to the Long Island City, Mineola, and Brooklyn plants,
we shall certify the collective bargaining representative selected respec-
2 Cf. Lincoln Mills of Alabama and Textile Workers Organizing Committee , 12 N. L. R. B.
1285.
MACK-INT'ERNATIONTAL MOTOR TRUCK CORPORATION 873
tively by a majority of employees of the Company in each such unit
heretofore found to be appropriate for collective bargaining.
The results of the elections at the New York City plant and at the
White Plains plant show that no collective bargaining representative
has been selected by a majority of the employees of the Company in each
such unit heretofore found to be appropriate for collective bargaining.
We shall, therefore, dismiss the petition for investigation. insofar as
it relates to employees at the New York City plant and at the White
Plains plant.
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 and pursuant to Article III, Section 8, 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 ascertain representatives for the purposes of collective bargaining
with Mack-International Motor Truck Corporation, New York City,
a new 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 Second 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 all service em-
ployees of Mack-International Motor Truck Corporation, New York
City, at its Bronx, New York, plant, who were employed by the
Company during the pay-roll period immediately preceding the date
of this Second Direction, including machinists and their helpers,
mechanics and their helpers, parts men, welders, blacksmiths and
their helpers, woodworkers, painters and their helpers, metmilmen,
porters, drivers, demonstrators, electricians, fendermen, shop clerks,
maintenance mechanics, watchmen, and employees who did not work
during that pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid off, but excluding supervisors, office employees, sales-
men, executives, directors, superintendents, foremen, and employees
who have since quit or been discharged for cause, to determine
whether said employees desire to be represented by Amalgamated
Local 259, United Automobile Workers of America, C. I. 0., or by
Automobile Lodge No. 447, International Association of Machinists,
A. F. of L., for the purposes of collective bargaining,,or by neither.
874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
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 CERTIFIED that Amalgamated Local 259, United Auto-
bile Workers of America, C. I. 0., has been designated and selected
by a majority of all service employees of Mack-International Motor
Truck Corporation, New York City, at its.Long Island City, New
York, plant, including machinists and their helpers, mechanics and
their helpers, parts men, welders, blacksmiths and their helpers, wood-
workers, painters and their helpers, metalmen, porters, drivers, demon-
strators, electricians, fendermen, shop clerks, maintenance mechanics,
and watchmen, but excluding supervisors, office employees, salesmen,
executives, directors, superintendents, and foremen, as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to Section 9 (a) of the National Labor Relations Act, Amalgamated
Local 259, United Automobile Workers of America, C. I. 0., is the ex-
clusive representative of all such employees for the purposes of col-
lective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that Amalgamated Local 259, United Auto-
mobile Workers of America, C. I. 0., has been designated and selected
by a majority of all service employees of Mack-International Motor
Truck Corporation, New York City, at its Mineola, New York, plant,
including machinists and their helpers, mechanics and their helpers,
parts . men, welders, blacksmiths' and their helpers, woodworkers,
painters and their helpers, metalmen, porters, drivers, demonstrators,
electricians, fendermen, shop clerks, maintenance mechanics, and
watchmen, but excluding supervisors, office employees, salesmen, ex-
ecutives, directors, superintendents, and foremen, as their representa-
tive for the purposes of collective bargaining and that, pursuant to
Section 9 (a) of the National Labor Relations Act, Amalgamated
Local 259, United Automobile Workers of America,. C. I. 0., is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that Automobile Lodge No. 447, Interna-
tional Association of Machinists, A. F. of L., has been designated
and selected by a majority of all service employees of Mack-Interna-
., tional Motor Truck Corporation, New York City, at its Brooklyn,
New York, plant, including machinists and their helpers, mechanics
MACK-INTERNATIONAL MOTOR TRUCK CORPORATION 875
and their helpers, parts men, welders, blacksmiths and their helpers,
woodworkers, painters and their helpers, metalmen, porters, drivers,
demonstrators, electricians, fendermen, shop clerks, maintenance me-
chanics, and watchmen, but excluding supervisors, office employees,
salesmen, executives, directors, superintendents, and foremen, as their
representative for the purposes of collective bargaining and that,
pursuant to Section 9 (a) of the National Labor Relations Act, Auto-
mobile Lodge No. 447, International Association of Machinists,
A. F. of L., is the exclusive representative of all such employees for
the purposes of collective bargaining, with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
ORDER
By virtue of 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 ORDERED that the petition for investigation and cer-
tification of representatives of employees of Mack-International Motor
Truck Corporation, New York City, filed by Amalgamated Local 259,
United Automobile Workers of America, C. I. O., so far as it relates
to the New York City plant and to the White Plains plant, be, and
it hereby is, dismissed.