Wm. Lans Co.

National Labor Relations Board - Board Decisions

May 1, 1940

23 N.L.R.B. 491 (N.L.R.B. 1940)

In the Matter of WM. LANS Co. and INTERNATIONAL HOD CARRIERS'
BUILDING AND COMMON LABORERS' UNION Or AMERICA, LOCAL No.
1426, AFL
Case No. R-1699
SUPPLEMENTAL DECISION
AND
ORDER
May 1, 1940
On March 2, 1940, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.'
The Direction of Election provided that an election by secret ballot
be conducted as early as possible but not later than thirty (30,) days
from the date of the Direction of Election, under the direction and
supervision of the Regional Director for the Twelfth Region (Mil-
waukee, Wisconsin), among all employees of Wm. Lans Co. at both
its yards in Beloit, Wisconsin, who were employed by it during the
pay-roll period immediately preceding the date of the Direction of
Election, including certain named employees, employees who did not
work during such pay-roll period because they were ill or on vaca-
tion, and employees who were then or had since been temporarily
laid off, but excluding office and clerical employees, those who had
since quit or been discharged for cause, and "extra" or "temporary"
employees other than certain named employees, to determine whether
or not they desired to be represented by International Hod Carriers',
Building and Common Laborers' Union of America, Local No. 1426,
AFL, for the purposes of collective bargaining.
Pursuant to the Direction, the election by secret ballot was held
on March 13, 1940, at Beloit, Wisconsin, under the direction and
supervision of the Regional Director. On March 14, 1940, the Re-
gional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties his Election
Report.
121N L. R. B. 31.
23 N. L. R. B., No. 36.
491
492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
1. Total on eligibility list------------------------------------ 14
2. Total ballots cast---------------------------------------- 13
3. Total ballots challenged---------------------------------- 0
4. Total blank ballots--------------------------------------- 0
5. Total void ballots---------------------------------------- 0
6. Total valid votes cast------------------------------------ 13
7. Votes cast for International Hod Carriers', Building and
Common Laborers' Union of America, Local 1426, A. F. L_ 6
8. Votes cast against International Hod Carriers', Building and
Common Laborers' Union of America, Local 1426, A. F. L_ 7
On March 19, 1940, International Hod Carriers', Building and
Common Laborers' Union of America, Local No. 1426, AFL, filed its
Objections to the Election Report. On April 15, 1940, it withdrew
its said Objections. In its withdrawal it stated that it "desires to
have it understood, however, in this connection that the withdrawal
of the Objections to the Election Report will not prejudice [its]
right to file another petition for investigation and certification of
representatives" at some future time. No other objections to the con-
duct of the ballot or the Election Report have been filed by any of
the parties.
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees in the
appropriate unit. Thel petition of International Hod Carriers',
Building and Common Laborers' Union of America, Local No. 1426,
AFL, for investigation and certification of representatives of em-
ployees of Wm. Lans Co., Beloit, Wisconsin, will therefore be dis-
missed, without prejudice.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Wm. Lans Co., Beloit,
Wisconsin, filed by International Hod Carriers', Building and Com-
mon Laborers' Union of America, Local No. 1426, AFL, be, and it
hereby is, dismissed, without prejudice.