The Yale & Towne Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 29, 1937

4 N.L.R.B. 242 (N.L.R.B. 1937)

In the Matter of WALKER VEHICLE COMPANY and the AUTOMATIC
TRANSPORTATION COMPANY, DIVISIONS OF THE YALE & TOWNE MAN-
UFACTURING COMPANY and WALKER-AUTOMATIC INDEPENDENT LABOR
ASSOCIATION
Case No. R-319
Mr. Jack G. Evans, for the Board.
Mr. David R. Clarke, of Chicago, Ill., for the Company.
Mr. J. Warren McCaffrey, of Chicago, Ill., for Walker-Automatic
Independent Labor Association.
Mr. Paul B. Glaser, of Gary, Ind., and Mr. Thurlow G. Lewis, of
Chicago, Ill., for Nira Lodge No. 1328 of the Amalgamated Associa-
tion of Iron, Steel and Tin Workers of North America, affiliated with
the Committee for Industrial Organization.
Mr. A. Bruce Hunt, Jr., of counsel to the Board.
DIRECTION OF ELECTION
November 29, 1937
%
The National Labor Relations Board, having found upon an exam-
ination of the record in the above matter that a question affecting
commerce has arisen concerning the representation of employees of
Walker Vehicle Company and the Automatic Transportation Com-
pany, divisions of the Yale & Towne Manufacturing Company, Chi-
cago, Illinois, and that all the production and maintenance employees.
of Walker Vehicle Company and the Automatic Transportation Com-
pany, divisions of the Yale X- Towne Manufacturing Company, at its
Chicago, Illinois, plant, excluding the supervisory employees, drafts-
men, engineers (except engineers employed in maintenance), and
watchmen, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act, 49 Stat. 449, and acting pursuant to the power
vested in it by Section 9 (c) of said Act, and pursuant to Article III,
Section 8, of National Labor Relations Board Rules and Regulations-
Series 1, as amended, hereby
DIRECTS that, as part of its investigation to ascertain representa-
tives for the purposes of collective bargaining with Walker Vehicle
Company and the Automatic Transportation Company, divisions
of the Yale & Towne Manufacturing Company, an election by secret
242
DECISIONS AND ORDERS 243
ballot shall be conducted within a period of twenty (20) days after
the date of this Direction of Election, under the direction and
supervision of the Regional Director for the Thirteenth Region,
acting in this matter as the agent of the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regu-
lations-Series 1, as amended, among all the production and main-
tenance employees of Walker Vehicle Company and the Automatic
Transportation Company, divisions of the Yale & Towne Manufac-
turing Company, at its Chicago, Illinois, plant who were employed
by it during the pay roll period immediately preceding the date
of this Direction, excluding those who have since quit or been dis-
charged for cause and the supervisory employees, draftsmen, engi-
neers (except engineers employed in maintenance), and -watchmen,
to determine whether they desire to be represented by Walker-Auto-
matic Independent Labor Association, or by Nira Lodge No. 1328
of the Amalgamated Association of Iron, Steel and Tin Workers of
North America, affiliated with the Committee for Industrial Organi-
zation, for the purposes of collective bargaining, or by neither.
[ SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
December 13, 1937
On November 29, 1937, the National Labor Relations Board, here-
in called the Board, issued a Direction of Election in the above
entitled case, the election to be held within twenty (20) days from
the date of the Direction.
Thereafter the Board was advised that Nira Lodge No. 1328 of the
Amalgamated Association of Iron, Steel and Tin Workers of North
America, affiliated with the Committee for Industrial Organization,
had been incorrectly designated in said Direction, and was further
advised that said Direction should be amended by striking there-
from the words "or by neither", which appear in the last line of
said Direction.
In order to afford the Board opportunity to consider these ad-
vices,
The Board, on its own motion, hereby amends its Direction of
Election issued on November 29, 1937, by striking therefrom the
words, "within a period of twenty (20) days after the date of this
Direction of Election", wherever they occur therein, and substituting
therefor the words, "within a period of forty (40) days after the
date of this Direction of Election".
0
244
[SAME TITLE
NATIONAL LABOR RELATIONS BOARD
SECOND AMENDMENT TO DIRECTION OF ELECTION
December 31, 1937
On November 29, 1937, the National Labor Relations Board, herein,
called the Board, issued a Direction of Election in the above-entitled
case, the election to be held within twenty (20) days from the date
of the Direction. Thereafter Steel Workers Organizing Committee
and Nira Lodge No. 1328 of the Amalgamated Association of Iron,
Steel and Tin Workers of North America each filed with the Board
two petitions, one moving that the Board amend the Direction of
Election by designating the intervening union as "Steel Workers Or-
ganizing Committee, for Nira Lodge No. 1328 of the Amalgamated'
Association of Iron, Steel and Tin Workers of North America, affili-
ated with the Committee for Industrial Organization," and the other
moving that the Direction of Election be amended by striking there-
from the words "or by neither", which appear in the last line of said'
Direction. The latter petitions contain the alternate motion that if
the words "or by neither" be not stricken then "that said election be
not held". To all of these petitions, Walker-Automatic Independent
Labor Association, the petitioner in the instant case, by its counsel,
filed answers opposing said motion.
On December 13, 1937, the Board issued an Amendment to its.,
Direction of Election postponing the date for holding said election
for an additional period of twenty (20) days in order to afford time
for consideration of the above described matters.
The problems herein involved concerning use of the words "or
by neither" arose in Matter of Interlake Iron Corporation and
Amalgamated Association of Iron, Steel and Tin Workers of North.
America, Local No. 1657.1 In a Supplement to Direction of. Elec-
tion 2 issued in said case on December 28, 1937, such problems were
extensively treated. For the reasons therein given the motions in
the instant case to amend the Direction of Election by striking there-
from the words "or by neither" are hereby denied.
The above described alternate motions that the election be not held,
are likewise denied for the reason that Nira Lodge No. 1328 of the
Amalgamated Association of Iron, Steel and Tin Workers of North
America is not the petitioner in the instant case, and for the further
reason that the petitioner, Walker-Automatic Independent Labor
Association, desires that an election be held.
In the event that the election in the present case results in none
of the three preferences obtaining a majority of the votes east, we
0
14 N. L. R. B. 55.
2 4 N. L. R. B. 58.
DECISIONS AND ORDERS 245
will, upon the request of the labor organization receiving the greater
number of votes, promptly direct a run-off election in which the
ballot will allow employees the opportunity to vote for or against
that organization.
Upon consideration, the Board hereby amends its Direction of
Election issued on November 29, 1937, by striking therefrom the
words, "Nira Lodge No. 1328 of the Amalgamated Association of
Iron, Steel and Tin Workers of North America", wherever they ap-
pear therein, and substituting therefor the words, "Steel Workers
Organizing Committee, for Nira Lodge No. 1328 of the Amalgamated
Association of Iron, Steel and Tin Workers of North America".
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Amendment to the Direction of Election.
EDWIN S. SMITH, concurring :
Inasmuch as the Interlake Iron case in which I dissented and which
is referred to in the above opinion appears, as far as the majority of
the Board is concerned, to have settled the issue raised by the motion
to strike the words "or by neither" from the Direction of Election, I
concur with the decision in this case.