Richardson Co.

National Labor Relations Board - Board Decisions

Feb 14, 1938

5 N.L.R.B. 295 (N.L.R.B. 1938)

In the Matter of RICHARDSON COMPANY and LOCAL UNION No. 442,
U. A. W. A.
Case No. R-385
SUPPLEMENTAL DECISION
AND
ORDER
Februar^^y 14, 1938
On September 14, 1937, Local Union No. 442, United Automobile
Workers of America, herein called the U. A. W. A., filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Richardson Com-
pany, Indianapolis, Indiana, herein called the Company, and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On October 8, 1937, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
Pursuant to notice to the Company, the U. A. W. A., and Federal
Labor Union No. 21,197, American Federation of Labor, a labor
organization purporting to represent employees directly affected by
the investigation, a hearing was held at Indianapolis, Indiana, on
November 2 and 3, 1937, before Lawrence J. Kosters, the Trial Exam-
iner duly designated by the Board. On January 11, 1938, the Board
issued a Decision, Order, and Direction of Election.' The Direction
of Election provided that an election by secret ballot should be held
among the production and maintenance employees of the Company
who were employed by it in the pay-roll period immediately preced-
ing September 14, 1937, excluding foremen; other supervisory em-
ployees, clerical employees, watchmen, and those who had since quit
or been discharged for cause, to determine whether they desired to
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296 NATIONAL LABOR RELATIONS BOARD
be represented by Local Union No. 442, United Automobile Workers
of America, affiliated with the Committee for Industrial Organiza-
tion, or Federal Labor Union No. 21,197, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or
by neither.
Pursuant to the Direction, balloting was conducted on January 26,
198. Full opportunity was accorded to all the parties to this investi-
gation to participate in the conduct of the secret ballot and to make
challenges. Thereafter, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, issued and duly served upon the
parties to the proceeding his Intermediate Report on the ballot. No
exceptions to the Intermediate Report have been filed by any of the
parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible___________________________________________ 202
Total number of ballots counted ________________________________ 174
Total number of votes for the United Automobile Workers of Amer-
' ica, Local Union No. 442, affiliated with the C. I. O_____________ 57
Total number of votes for the Federal Labor Union No. 21,197,
affiliated with the A. F. of L_________________________________ 20
Total number of votes for neither organization__________________ 91
Total number of blank ballots___________________________________ 2
Total number of void ballots____________________________________ 1
Total number of challenged ballots ______________________________ 3
The results of the secret ballot show that no collective bargaining
representatives have been selected by a majority of the employees of
the Company in the appropriate unit. We will accordingly dismiss
the petition for investigation and certification filed by the U. A. W. A.
ORDER
Pursuant to Article III, Sections 8 and 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, it is
ordered that the petition' filed by Local Union No. 442, United Auto-
mobile Workers of America for investigation and certification of
representatives of employees of Richardson Company, Indianapolis,
Indiana, be, and it hereby is, dismissed.