Wells-Lamont Smith Corp.

National Labor Relations Board - Board Decisions

Oct 3, 1940

27 N.L.R.B. 646 (N.L.R.B. 1940)

In the Matter Of WELLS-LAMONT SMITH CORPORATION and INTERNA-
TIONAL GLOVE WORKERS OF AMERICA LOCAL 103, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR and BEARDSTOWN ASSOCIATION
OF GLOVE WORKERS
Case No. R-1869
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
October 3, 1940
On July 2, 1940, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceeding,' directing that an election by secret ballot be con-
ducted among certain employees of Wells-Lamont Smith Corporation,
Beardstown, Illinois, to determine whether they desire to be repre-
sented by Local Union No. 103, affiliated with the American Federation
of Labor, or by Beardstown Association of Glove Workers, for the
purposes of collective bargaining, or by neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted,on July 16, 1940, under the direction and supervision
of the Regional Director for the Thirteenth Region (Chicago, Illinois).
On July 22, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, prepared and duly served upon the parties
an Election, Report.
As to the balloting and its results, the Regional Director reported
as follows: ,
Total number on eligible list_______________________________ 140'
Total number of ballots cast_______________________________ 139
Total number of ballots cast for Association_________________ 64
Total number of ballots cast for A. F. L --------------------- 69
Total number of ballots cast for neitber_____________________ - 5
Total Homier of ballots challenged_________________________ 1
Total number of void ballots_______________________________ 0
Total number of blank ballots______________________________ 0
1 25 N L R B 21.
27 N. L . R. B., No. 120.
646
WELLS-LAMONT SMITH CORPORATION 647
The Regional Director further reported that the 'challenged ballot
was cast by a supervisory employee and recommended that the chal-
lenge be sustained. We hereby sustain the ruling of the Trial
Examiner.
On July 27, 1940, Local Union No. 103 filed Objections to Result of
Election. On August 23, 1940, it withdrew its objections.
On August 23, 1940, Local Union No. 103,,which had received the
greatest number of votes, filed a formal request for a run-off election
to be held by the Board.
The Election, Report reveals that neither of the competing labor
organizations received a majority of the votes cast, but that a sub-
stantial majority of the employees voting desire one or the other of
the two organizations to bargain collectively for them. Under these
circumstances, we will, direct -a run-off election in which the eligibile
employees will be given the opportunity to decide whether they desire
to be represented by Local Union No. 103, affiliated with the American
Federation of Labor, or the Beardstown Association of Glove Workers,
for the purposes of collective bargaining.
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, 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 Wells-Lamont Smith Corporation, Beardstown, Illinois, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Second Direction
of Election, under the direction and supervision of the Regional
Director for the Thirteenth 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 described in
the Direction issued on July 2, 1940, but excluding those who have
since quit or been discharged for cause, to determine whether they
desire to be represented by Local Union No. 103, affiliated with the
American Federation of Labor,. or by Beardstown Association of
Glove Workers, for the purposes of collective bargaining.
648 DECISIONS -OF NATIONAL LABOR. RELATIONS- BOARD
MR. WILLIAM M. LEISERSON , concurring :
For reasons explained in- my dissenting -opinions,' I cannot agree
with the policy of the Board in ordering run-off elections. In the
absence of, a third member of the Board at the present time, however,
I feel that proper administration of the Act requires my, adherence to
the Board's established practice until that practice can be reconsidered
by a three-member Board. Accordingly, I concur in the direction of
this run-off election.
2 Matter of Coos Bap Lumber Co and Lumber and Sawmill Worlers Union , 16 N L R B.
476; Matter of R K LeBlond Machine Toot Co , Cincinnati Elcctrncal Tool Co and Inde-
pendent Employees Organization , 22 N L R B 465