The Nevada-California Electric Corp.

National Labor Relations Board - Board DecisionsApr 8, 1940

22 N.L.R.B. 735 (N.L.R.B. 1940)

In the Matter of THE NEVADA - CALIFORNIA ELECTRIC CORPORATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION B-959, A. F. OF L. In the Matter Of INTERSTATE TELEGRAPH COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION B-959, A. F. OF L. Cases Nos. R-1619 and R-16.0, respectively Election Ordered: run-off. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION April 8, 1940 On February 1, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings ,' directing that an election by secret ballot be conducted among certain employees of The Nevada-California Electric Corporation and Interstate Telegraph Company, Riverside, California , herein called the Companies , to determine whether they desire to be represented for the purposes of collective bargaining by International Brotherhood of Electrical Workers, Local Union B-959, A. F. of L., herein called the I . B. E. W., by Nev -Cal Employees' Association , herein called the Association , or by neither . On Febru- ary 19, 1940, the Board issued an Amendment to its Direction of Election .2 Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on February 26, 27 , 28, and 29 and March 1, 1940 , under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, Cali- fornia ). On March 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 his Election Report setting forth the results of the election, including his disposition of the challenged ballots. 120 N. L R. B 79. 2 20 N L. R. B. 89. 22 N. L. R. B., No. 41. 735 736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list---------------------------------------------- Total ballots cast -------------------------------------------------- Total ballots challenged --------------------------------------------- a. Challenged ballots determined eligible ----------------------- b Challenged ballots determined ineligible -------------------_ Total blank ballots ------------------------------------------------ Total void ballots--------------------------------------------------- Total valid votes cast ----------------------------------------------- Votes cast for International Brotherhood of Electrical Workers, Local Union B-959, A F of L------------------------------------ Votes cast for Nev -Cal Employees ' Association , an independent union------------------------------------------------------------ Votes cast for neither ----------------------------------------------- Disposition Total all Valid votesof chal- ,ballots only lenges 403 380---------33- 15 18 18 0 ------------ 0 362 362 ------------ 152 ------------ 174 36 No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. The Regional Director's rul- ings with respect to the challenged ballots are hereby affirmed. The Association, which received a plurality of the votes cast in the election, has requested a run-off election to determine' whether or not the employees desire to be represented by the Association for the pur- poses of collective bargaining. The Election Report reveals that neither of the competing labor organizations received a majority of the votes cast, but that a substantial majority of the employees voting desire to be represented by a labor organization for the purposes of collective bargaining. The procedure in run-off elections under such circumstances has been modified by the Board for the reasons sepa- rately stated by a majority of its members in Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization," so that the ballot shall contain the names of both labor organizations, but no place in which to vote again for "neither"; the organization receiving the higher number of votes to be certified as exclusive bargaining representative. Accordingly, the Board will direct a run-off election in which' the 'employees will be given an opportunity to decide whether they desire to be represented by the I. B. E. W. or by the Association for the purposes of collective bargaining. The request of the Association, in so far as it would exclude the I. B. E. W. from the ballot and limit the election to a determination of whether or not the Association should be the representative, is hereby denied. 3 22 N. L. R B 4'35 THE NEVADA-CALIFORNIA ELECTRIC CORPORATION 737 SECOND 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 Rela- tions Act, 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 investigations ordered by the Board to ascertain representatives for the purposes of collective bargaining with The Nevada-California Electric Corporation and, Interstate Telegraph Company, Riverside, California, an election by secret bat- lot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Election, under the direc- tion and supervision of the Regional Director for the Twenty-first Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among the production employees of The Nevada-Cali- fornia Electric Corporation and Interstate Telegraph Company who were employed by the said Companies during the pay-roll period immediately prior to February 1, 1940, and who had then been em- ployed by the Companies 'for at least 6 months, including patrolmen, reservoir watchmen, property watchmen, janitors, linemen, service- men, collectors, meter readers, groundmen, appliance servicemen, hydro-plant operators, dispatchers, substation attendants, mechanics, transformer-shop workmen, truck drivers, chauffeurs, storekeepers and production clerks, switchboard operators, meter testers, pump testers, steam-plant employees, laborers, electricians, and housekeep- ers, and 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 clerical employees, field engineers, surveyors, salesmen, custome'rs'-representa- tives, solicitors, appliance demonstrators, crew foremen, garage fore- men, service foremen, and supervisory employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Brotherhood of Elec- trical Workers, Local Union B-959, A. F. of L., or by Nev-Cal Em- ployees' Association, for the purposes of collective bargaining. MR. "TILLIAM M. LEIsERsoN, concurring in part and dissenting in part : I hold to my opinion in the R. K. LeBlond 4 case that the Board is ,not authorized by the Act to order a run-off election at all, but that since the majority'does direct one, the ballot should contain only the 4 See also my dissenting opinion in Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local No 2573, 16 N. L. R B 476 738 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD names of the two organizations which have been designated by em- ployees to represent them for collective bargaining and no place to vote against a labor organization. CHAIRMAN MADDEN, concurring in part and dissenting in part: I think the Board should permit the eligible employees to vote, as under the former run-off election procedure, for or against the As- sociation, which received a plurality of the votes in the original elec- tion. See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization.5 5 22 N. L. R. B. 465.