Reeves Pulley Co.

National Labor Relations Board - Board Decisions

May 28, 1940

23 N.L.R.B. 1270 (N.L.R.B. 1940)

In the Matter of REEVES PULLEY COMPANY and COLUMBUS LOCAL
LODGE No. 1466, INTERNATIONAL ASSOCIATION OF MACHINISTS OF THE
A. F. OF L.
In the Matter of REEVES PULLEY COMPANY and PATTERN MAKERS
LEAGUE OF NORTH AMERICA AND PATTERN MAKERS ASSOCIATION OF
INDIANAPOLIS AND VICINITY, AFFILIATED WITH THE A. F. OF L.
Cases Nos. R-1689 and R-1690, respectively
Variable Speed Control Device Manufacturing Industry-Supplemental De-
cision-Run-off Election after Globe Election : directed between rival organiza-
tions in machinists ' election unit ; requested certification by one of rival
organizations in residual election unit in which it obtained majority withheld
pending determination of appropriate unit or units by run-off election.
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
May 28, 1940
On April 8, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision, Direction of Elections and Cer-
tification of Representatives in the above-entitled proceedings., The
Direction of Elections provided that elections by secret ballot be con-
ducted among the employees within the groups described below who
were employed by the Reeves Pulley Company at its Columbus, In-
diana, plant, during the pay-roll period ending January 6, 1940,
including employees who did not work during such pay-roll period
because they were ill or on vacation, and employees who were then
or have since been temporarily laid off, but excluding employees in
the pattern-makers' department, supervisory and clerical employees,
confidential employees, time-study men, persons having the right to
hire or discharge employees, and those who have since quit or who
have been discharged for cause:
(a) All tool makers, machinists and specialists, their apprentices
and helpers, employed in departments A, B, C, D, E, F, G, M, and P,
122 N L R B 768 . We therein certified Pattern Makers Association of Indianapolis
and Vicinity , affiliated with Pattern Makers League of North America , and Pattern
Makers League of North America , affiliated with the American Federation of Labor, as the
exclusive representatives of pattern makers and pattern -makers ' apprentices , excluding
supervisory employees , for the purposes of collective bargaining.
23 N. L . R. B., No. 130.
1270
REEVES PULLEY COMPANY 1271
under the pay-roll classifications set forth in Appendix A to the De-
cision and Direction of Elections, including William Ott, to deter-
mine whether they desired to be represented by Columbus Local Lodge
No. 1466, International Association of Machinists, affiliated with the
American Federation of Labor, herein called the I. A. M., or by
Transmission Workers and Machinists Union of Columbus, Indiana,
herein called the Independent, for the purposes of collective bargain-
ing, or by neither;
(b) All the remaining employees to determine whether or not they
desired to be represented by the Independent for the purposes of col-
lective bargaining.
In its Decision the Board stated that the ascertainment of the ap-
propriate unit ,or units for the purposes of collective bargaining
would depend upon the results of the elections to be held among the
two groups described above. The Board said :
We shall certify the union, if any, designated by a majority
of the employees within each election unit as the exclusive rep-
resentative thereof. If the Independent should win both elec-
tions, we shall certify it as the exclusive representative of both
election units combined. ' - ,
Pursuant to the Direction of Elections, elections by secret ballot
were conducted at Columbus, Indiana, on May 3, 1940, under the
direction and supervision of the Regional Director for the Eleventh
Region (Indianapolis, Indiana). On May 6, 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, setting forth
the results of the elections. No objections to the conduct of the ballots
or the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Group (a).
Total Number of Employees Alleged Eligible to Vote ------ 125
Total Number of Votes Cast____________________________ 124
Total Number of Valid Votes Cast_____________________ 124
Total Number of Votes for Columbus Local Lodge No. 1466,
International Association of Machinists, affiliated with
the American Federation of Labor____________________ 61
Total Number of Votes for Transmission Workers and
Machinists Union of Columbus, Indiana________________ 55
Total Number of Votes for Neither Organization-------___ 8
Total Number of Blank Ballots_________________________ 0
Total Number of Void Ballots__________________________ • 0
Total Number of Challenged Ballots_____________________ 0
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Group (b) :
Total Number of Employees Alleged Eligible to Vote______ 70
Total Number of Votes Cast____________________________ 62
Total Number of Valid Votes Cast_______________________ 57
Total Number of Votes for Transmission Workers and
Machinists Union of Columbus, Indiana________________ 37
Total Number of Votes against Transmission Workers and
Machinists Union of Columbus, Indiana_______________ 20
Total Number of Blank Ballots_________________________ 1
Total Number of Void Ballots__________________________ 0
Total Number of Challenged Ballots_____________________ 4
Since the four challenged ballots cannot affect the result of the
election held among employees in Group (b), we find it unnecessary
to pass upon the challenges.
The Election Report reveals that in the election among the em-
ployees in Group (a) neither the I. A. M. nor the Independent re-
ceived a majority of the votes cast, but that a substantial majority
of the employees voting desire one or the other of the two organiza-
tions to bargain collectively for them. The I. A. M., which received
a plurality in this election, and the Independent have requested the
holding of a run-off election. In accordance with the practice
established in Matter of R. K. LeBlond Machine Tool Co., Cincinnati
Electrical Tool Co. and Independent Employees Organization,2 the
Board will direct a run-off election in which the eligible employees
in Group (a) will be given the opportunity to decide whether they
desire to be represented by the I. A. M. or by the Independent for
the purposes of collective bargaining.
The Independent has also requested that we certify it immediately
as the exclusive representative of the employees in Group (b). Al-
though the Independent received a majority of the votes validly
cast in the election held among these employees, in view of our de-
cision postponing the ascertainment of the appropriate unit or units
pending the results of the elections held among employees in Group
(a) and Group (b), we will not now issue a certification of the In-
dependent as the exclusive representative of employees in Group (b),
since the appropriate unit or units cannot be ascertained until the
election herein directed among employees in Group (a) is held. If
the Independent wins this election, we shall certify it as the exclusive
representative of employees in both election units combined; if the
I. A. M. wins this election, we shall certify the I. A. M. as the ex-
clusive representative of employees in Group (a) and the Independent
as the exclusive representative of employees in Group (b).
2 22 N L R B 465.
REEVES PULLEY COMPANY
DIRECTION OF RUN-OFF ELECTION
1273
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
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Reeves Pulley Company, Columbus, Indiana, an election by
secret ballot shall be conducted as early as possible but not later than
thirty (30) days from the date of this Direction of Run-Off Election,
under the direction and supervision of the Regional Director for the
Eleventh 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 the employees in Group (a) who were
eligible to vote in the election of May 3, 1940, but excluding those
who have since quit or been discharged for cause, to determine
whether they desire to be represented by Columbus Local Lodge
No. 1466, International Association of Machinists, affiliated with the
American Federation of Labor, or by Transmission Workers and
Machinists Union of Columbus, Indiana, for the purposes of col-
lective bargaining.
MR. WILLIAM M. LEISERSON, concurring in part and dissenting in
part :
My views with respect to the run-off election herein directed are
the same as those expressed in my opinion in the R. K. LeBlond case.3
CHAIRMAN MADDEN, concurring in part and dissenting in part:
For the reasons stated in my opinion in the R. K. LeBlond case,'
I would have the run-off ballot provide only for a vote for or against
the I. A. M., which received a plurality in the original election.
Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and Inde-
pendent Employees Organization , 22 N. L . R. B. 465. See also my dissenting opinion
in Matter of Coos Bay Lumber Company and Lumber d Sawmill Workers Union Local
No. 2573, 16 N. L . R. B. 476.
A See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and
Independent Employees Organization , 22 N. L. R. B. 465.