The Falk Corp.

National Labor Relations Board - Board Decisions

Jun 29, 1940

24 N.L.R.B. 1216 (N.L.R.B. 1940)

1 7'
In the ' Matter of THE FALK CORPORATION and AMALGAMATED Asso-
CIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA,
LODGE 1528
Cases Nos. 8-278 and C-293
SUPPLEMENTAL DECISION
SUPPLEMENTAL ORDER
AND
AMENDMENT TO DIRECTION OF ELECTION
June 29, 1940
On April'18,1938, the National Labor-Relations Board, herein called
the Board, issued a Decision, Order, and Direction of Election' in the
above-entitled proceedings. The Direction of Election. directed that
an election by secret ballot be conducted within such time as the Board
might thereafter direct,2 under the direction and supervision of the
Regional Director for the Twelfth Region (Milwaukee, Wisconsin)-,
acting in the matter as agent for the Board and subject to Article, III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, (1), among the employees of The Falk
Corporation, Milwaukee; Wisconsin, exclusive of supervisory em-
ployees, draftsmen, employees in the general office, employees in the
pay-roll department, powerhouse employees, and steam-driven loco-
motive crane operators, herein called the industrial unit, who were in
the employ of the Company during the pay-roll period immediately
preceding the Direction of Election, excluding those who had since
quit or been discharged for cause, to determine whether or not they
desired to be represented by Amalgamated Association of Iron, Steel
and Tin Workers of North America, Lodge 1528, affiliated with the
16 N. L . R. B. 654.
No date for holding the election was set due to the fact that the representation pro-
ceeding was consolidated with an unfair labor practice proceeding . On March 7, 1939,
the United States Circuit Court of Appeals for the Seventh Circuit granted the Board's
petition for enforcement of its Order in the latter proceeding ( 102 F . ( 2d) 383 ) and on July
13, 1939 , entered its final order ( 106 F. (2d) 454 ), modifying the Board 's Order and Direc-
tion of Election . On November 13, 1939, the Supreme Court of the United States granted
certiorari and on January 2 , 1940, entered its judgment and order ( 308 U. S. 453),
reversing the order , of the United States Circuit Court of Appeals for the Seventh
Circuit and remanding the case to said Circuit Court to enforce the Board 's Order without
modification . On March . 8, 1940, the Circuit Court entered its decree on the mandate
of the Supreme Court.
24 N. L. R. B., No. 131.
1216
THE -FALK CORPORATION': 1217
Committee ; for Industrial' Organization,s herein ,called,, the Amalga-
mated, for-the purposes of collective bargaining; and (2)- among the
powerhouse employees and steam-driven locomotive crane operators
of said Company, herein called the craft unit, who were in the employ
of the Company during the pay-roll period immediately.. preceding the
Direction of Election, to determine whether they desired to be repre-
sented by the Amalgamated or by International Union of Operating
Engineers, Local 311, affiliated with the American. Federation of
Labor, herein called the Operating Engineers, for the, purposes- of
collective bargaining, or by neither.
On May 11,, 1938, Milwaukee Metal Trades Council, herein called
the M. T. C., filed with the Board a petition 4 to be placed on the ballot
in the election directed to be held in the industrial unit, and on August
7, 1939, filed with the Board a written motion to the same effect.
The Board was:advised,-by the Regional. Director on' -or about May
21, 1940, that the Amalgamated desires to have its name withdrawn
from the ballot . in both: the' election directed to be held among em-
ployees in the industrial. unit and the, election directed to be held
among those, in the craft unit, and. that the Operating Engineers
desire that its name remain on the ballot in the election directed in the
craft unit. Accordingly, on June 4, 1940, the Board issued .a Notice,
copies of which were duly served upon the parties herein, that, unless
sufficient cause to ,the contrary' should, appear on or before June 12,
1940, the Board would issue a Supplemental Order, and Amendment
to Direction. of Election, dismissing the petition for investigation and
certification of representatives of employees,of the Company filed by
Steel Workers Organizing Committee in behalf of the Amalgamated,
dismissing and denying .the above-mentioned petition and motion for
a place on the ballot filed by the M. T. C., and directing. that an elec=
tion be, conducted • within thirty (30)' days among employees in the
craft unit who were on the -respondent's pay, roll during the week
next preceding the date of the Supplemental Order and Direction of
Election, to determine whether or not they desire to be represented by
the Operating Engineers for purposes of -collective bargaining.
No cause to the contrary having appeared in 'accordance with the
terms of said Notice, _
e Now known as Congress of Industrial Organizations.
e The document filed was designated by the M. T. C. and is herein called a petition.
It was accompanied by an affidavit of a business representative of District No. 10 of
International Association of Machinists, affiliated with' the M. T. C., that a majority in
the industrial unit desired to be represented by the M. T. C. Upon investigation by the
Regional Director , no showing of substantial membership in the industrial unit was made
by the M. T. C.
s The petition of the Amalgamated which initiated the proceeding will not be dis-
missed , but no election will be directed ' in the industrial unit, as hereinafter set forth.
1218 DECISIONS OF".NATIONAL -LABOR RELATIONS BOARD
IT IS HEREBY ORDERED that the petition and motion filed by the M. T. C.
be,' and they hereby are, dismissed and denied.
The Direction of Election issued on April 18, 1938, is hereby
amended by striking the Direction. in its entirety and, substituting
therefor the following :
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 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
DIRECTED that, as part of the investigation 'authorized by the Board
to ascertain representatives for. the purposes of collective bargaining
with The Falk Corporation, Milwaukee, Wisconsin, an election by.
secret ballot shall be conducted as early as possible; but not later than
thirty (30) days from the date of this Supplemental Order and
Amendment to Direction of Election, under the direction and super-
vision of the Regional Director for the Twelfth 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
powerhouse employees and steam-driven' locomotive crane operators
of The Falk Corporation, Milwaukee, Wisconsin, whose navies appear
upon its pay roll during the week next preceding the date of this Sup-
plemental Order and Amendment to Direction of Election, 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 who have since quit or
been discharged for cause, to determine whether or not they desire to be
represented by International Union of Operating Engineers, Local
311, affiliated with the American Federation of Labor, for the purposes
of, collective bargaining.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Supplemental Decision, Supplemental, Order, and Amendment -to
Direction of Election.