McLoughlin Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 21, 1941

36 N.L.R.B. 1196 (N.L.R.B. 1941)

In the Matter of McLoUGHLIN MANUFACTURING COMPANY and AML\L-
GAMATED CLOTHING WORKERS OF AMERICA, LOCAL $k 373 , AFF. WITH
THE C. I. O.
Case No. R-1961
ORDER DISMISSING PETITION
November 21, 1941
On August 14, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceedings.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on September 5, 1940, under
the direction and supervision of the Regional Director for the Eleventh
Region (Indianapolis, Indiana).
On September 10, 1940, the Amalgamated Clothing Workers of
America, Local #373, affiliated with the C. I. 0., herein called the
Union, filed-objections to the-election, alleging that McLoughlin Manu-
facturing Company, Peru, Indiana, herein called the Company, had
in specified ways improperly interfered with the conduct of the elec-
tion. On September 16, 1940, the Company filed an answer in which
it denied the improper conduct alleged.
On September 18, 1940, 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 an Election Report.
As to the balloting and its results, the Regional Director reported as
follows :
Total Number of Employees Alleged Eligible to Vote ------------ 158
Total Number Voted ----------------------------------------- 138
Total Number of Valid Votes Cast___________________________ 127
Total Number of Votes for the Amalgamated Clothing Workers
of America, Local No 373, affiliated with the C. I O__________ 61
Total Number of Votes against the Amalgamated Clothing Work-
ers of America, Local No 373, affiliated with the C. I. O_______ 66
Total Number of Blank Ballots_______________________________ 1
Total Number of Void Ballots_____________ 1
Total Number of Challenged Ballots___________________________ 9
'26N L.R.B,No.62.
36 N. L. R. B., No 244.
1196
MCLOUGHLIN MANUFACTURING COMPANY 1197
In the Election Report the Regional Director made certain recom-
mendations with respect to the challenged ballots, since the validity
of these ballots might materially affect the results of the election.
On September 23, 1940, the Union filed objections to the Election
Report in which it repeated,the^ allegations set forth in its objections
to the election and further contended that the Regional Director was
wrong in his conclusion as to the non-supervisory status of five of the
employees whose ballots had been challenged. On September 28,
1940, the Union wrote to the Regional Director admitting that, regard-
less of the correctness of his ruling on the challenged ballots, it had
not received a majority of the votes cast at the election, and suggest-
ing that the petiton be dismissed. On October 19, 1940, the Regional
Director issued a Report on Objections to the Conduct of Secret
Ballot and Election Report, in which he overruled the objections of
the Union. Thereafter the Union filed with the Board a charge- in
which it-incorporated its objections to the election and to the Election
Report. On October 31, 1941, the Board affirmed the Regional
Director's refusal to issue a complaint upon said charge.
The Board has considered the Election Report, the Union's objec-
tions to the election;and to the Election Report, and the entire record
in the case. In view of the suggestion of the Union that the petition
be dismissed and the lapse of time occasioned by the investigation of
the afore-mentioned charge filed by the Union, and since the election
was held over a year ago with the August 10, 1940, pay roll determining
eligibility to participate therein, the Board is, of the :opinion that-the.
policies of the Act will best be effectuated by dismissing the instant
petition, without prejudice, however, to the right of the Union to
file a new petition requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the Act.
ORDER
By virtue of Sectioai 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 certifi-
cation of employees, of McLoughlin Manufacturing Company, Peru,
Indiana, filed by Amalgamated Clothing Workers of America, Local
#373, affiliated 'with the C. I. 0., be, and it hereby is, dismissed with-
out prejudice.