Precision Castings Co., Inc.

National Labor Relations Board - Board Decisions

Sep 26, 1940

27 N.L.R.B. 491 (N.L.R.B. 1940)

In the Matter of PRECISION CASTINGS CO1'IPANY, INC. and NATIONAL
ASSOCIATION OF DIE CASTING WORKERS, REGION No. 5, AFFILIATED
WITH- THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-1951
SUPPLEMENTAL DECISION
AND
ORDER
September p26, 1940
On August 12, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding.' Pursuant to the Direction of Elec-
tion, an election by secret ballot was conducted on August 26, 1940,
under the direction and supervision of the Regional Director for
the Eighth Region (Cleveland, Ohio). On August 28, 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 the results thereof, the Regional Director
reported as follows :
Total number of employees eligible __________________________ 166
Total number of ballots cast__________________ ______________ 165
Total number of votes for National Association of Die Cast-
ing Workers, Region No. 5________________________________ 67
Total number of votes against National Association of Die
Casting Workers, Region No. 5_____________________________ 85
Total number of blank ballots ______________________________ 1
Total number of void ballots_^ ------------------------------- 0
Total number of challenged , votes --------------------- 12
On September 3, 1940, National Association of Die Casting Work-
ers, Region No. 5, herein called the Union, filed with the Regional
Director Objections to the Election Report. The Objections set
forth were that Precision Castings Company, Inc., herein called the
Company, during the election and prior to it, committed certain
1 26 N L. R B 528
27 N. L. It. B., No. 101.
491
492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
acts of interference; that Company foremen went from house to
house- campaigning against the Union ; that officers of an alleged
Company-dominated union committed other acts of interference;
and that a Compay official posted -a notice urging all employees
to vote. No complaint was made as to the actual -mechanics or
conduct of the election.
The Regional Director investigated the matters contained in the
Objections and on September 13, 1940, duly served upon the parties-
his Report on Objections based upon such investigation. He re-
ported that on February 8, 1940, a complaint was issued by the
Board on the basis of charges filed by the Union that the Company
was engaging in certain unfair labor practices, and that after the
issuance of the Intermediate Report of the Trial Examiner finding'
that the Company had engaged and was engaging in such practices
and recommending certain affirmative action, the Company refused to
comply with the recommendations of the Trial Examiner. Although
the Union originally was advised by the Regional Director that
any representation proceeding should be postponed pending the final
conclusion of the unfair labor practice proceedings, it none the less
urged that the present proceeding go forward. Under the circum-
stances, and in view of the Union's insistence on the election being
held even though it believed the Company to be currently commit-
ting unfair labor practices intended to make a free choice of repre-
sentatives difficult, if not impossible, the Regional Director was of
the opinion that such continuing unfair labor practices, if they in
fact existed, did not provide any new material or substantial issue.
We concur with the conclusion of the Regional Director.
Upon the entire record in the case, including the Election Report,
the Objections, and the Report on Objections, we find' that the
Objections do not raise substantial and material issues with respect
to the conduct of the ballot or the Election Report.
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees in
the appropriate unit. The_ petition of National Association of Die
Casting Workers, Region No. 5, for investigation and certification
of representatives of employees of Precision Castings Company, Inc.,
Lakewood, Ohio, will therefore be dismissed, without prejudice.
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,
PRECISION CASTINGS COMPANY, INC. 493
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of employees of Precision Castings Company, Inc., Lake-
wood, Ohio, filed by National Association of Die Casting Workers,
Region No. 5, affiliated with the Congress of Industrial Organiza-
tions , be, and it hereby is, dismissed.