Aluminum Company of America

National Labor Relations Board - Board Decisions

Jun 3, 1939

13 N.L.R.B. 79 (N.L.R.B. 1939)

In the Matter of ALUMINUM COMPANY OF AMERICA and ALUMINUM
EMPLOYEES ASSOCIATION
In the Matter of ALUMINUM COMPANY or AMERICA AND ITS WHOLLY-
OWNED SUBSIDIARY CAROLINA ALUMINUM COMPANY and INTERNA-
TIONAL UNION, ALUMINUM WORKERS OF AMERICA
Cases Nos. R-1020 and R-101, respectively
SUPPLEMENTAL DECISION
AND
THIRD DIRECTION OF ELECTION
June 3, 1939
On April 12, 1939, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision and Second
Direction of Election,' vacating the election on December 8, 1938,
held pursuant to its Decision and Direction of Election,2 and directed
that a second election by secret ballot be held within 15 days from
the date of its Supplemental Decision and Second Direction of
Election, among the production and maintenance employees, time-
checkers, and weigh clerks at the Alcoa Works on the pay roll for the
week including February 1, 1938, excluding supervisors and office
employees, watchmen, guards, office janitors, farm and dairy em-
ployees, and those who had since quit or had been discharged for
cause, to determine whether or not they desired to be represented by
the Aluminum Employees Association, herein called the Association,
International Union of Aluminum Workers of America, affiliated
with the Committee for Industrial Organization, herein called the
C. I. 0., the Aluminum Workers Union Local No. 19104, affiliated
with the American Federation of Labor, herein called the A. F. of L.
for the purposes of collective bargaining, or by none of them. On
April 24, 1939, at the request of the Regional Director, the Board
issued an Amendment to Second Direction of Election," extending
the time within which the election might be held by 10 days.
Pursuant to the Second Direction, as amended, an election by
secret ballot was held on May 4, 1939, under the direction and super-
112 N. L. R. B. 237.
2 9 N. L. R . B. 944.
s 12 N . L. R. B. 240.
13 N. L. R. B., No. 11.
79
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision of the Regional Director for the Tenth Region (Atlanta,
Georgia). On May 8, 1939, said Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, issued and duly served upon the
parties an Intermediate Report on the election, and on May 10, 1939,
issued and duly served upon the parties an amendment thereto. No
exceptions were filed to the Intermediate Report, as amended.
As to the results of the secret ballot, the Regional Director reported
as follows :
1. Total number eligible__________________________________ 3,984
2. Total ballots cast______________________________________ 3,141
3 Total number of ballots cast tor Aluminum Employees
Association------------------------------------------- 1,123
4. Total number of ballots cast for International Union,
Aluminum Workers of America, affiliated with the
C. I. 0---------------------------------------------- 1,164
5. Total number of ballots cast for Aluminum Workers
Union, Local No. 19104, affiliated with the A. F. of L____ 747
6. Total number ballots cast for none of these labor
organizations ---------------------------------------- 84
7. Total number challenged ballots________________________ 15
8. Total number void ballots______________________________ 5
9. Total number blank ballots_____________________________ 3
On May 11, the C. I. 0., which received the highest number of
votes, and the Association, which received the second highest num-
her of votes, filed motions with the Board requesting a run-off
election. In its Supplemental Decision and Second Direction of
Election the Board announced that where two or more contestants
appear on the original ballot and the result of the election is incon-
clusive, as here, it would adopt the practice of conducting successive
run-off elections eliminating from each successive ballot 4 the organi-
zation receiving the lowest number of votes in the preceding ballot
until either a representative has been selected by a majority or a
lnaj ority has signified that none of the contesting organizations is
desired as a representative for collective bargaining. Since in the
preceding election the majority of the employees indicated their
desire to bargain collectively but no representative was selected, and
since requests have been received for a run-off election, we shall,
therefore, in accordance with the procedure set forth, direct a run-off
election, eliminating from the ballot the organization which received
the lowest number of votes in the preceding ballot.
On May 11, 1939, the Association filed a motion requesting that
the employees eligible to participate in the run-off election include
' The space on the ballot providing the voter with an opportunity to indicate that he does
not desire any of the named unions to represent him will remain on each successive ballot.
See Matter of Interlake Iron Corporation and 4rnalga -mated Association of Iron, Steel and
Tin Workers of North 4merica, Local No. 1657, 4 N . L. R. B. 55.
ALUMINUM COMPANY OF AMERICA 81
those employees who were employed prior to February 1, 1938, and
who are on the pay roll of the date the run-off election is directed.
The Association alleges that there would be about 269 employees in
such a category. On May 16, 1939, the C. I. O. filed a reply to this
motion of the Association alleging, inter alia, that the employees in
question are seasonal employees, and that "as soon as work slacks
these men would be laid off." On May 25, 1939, the Association filed
an answer to the reply of the C. I. 0., denying that the 269 employees
were seasonal employees and requesting that these employees be
allowed to vote in the run-off election.
At the hearing on the petition it was stipulated by all the parties
that the employees in the appropriate unit on the pay roll for the
week including February 1, 1938, should be eligible to vote. We
adopted the desires of the parties and directed the use of the Febru-
ary 1, 1938, eligibility date in both the elections of December 8, 1938,
and May 4, 1939, which were inconclusive. Since the preceding
election, which resulted in the elimination of one of the contestants,
was based upon the February 1, 1938, eligibility date and since the
run-off election herein directed is merely a further step in the instant
proceeding for the investigation of representatives, we will not
change the eligibility date in the run-off election. The Association's
motion is hereby overruled.
THIRD 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, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
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 Aluminum Company of America and Carolina Aluminum Com-
pany, its wholly owned subsidiary , at the Alcoa Works , an election
by secret ballot shall be conducted within fifteen ( 15) days from the
date of this Supplemental Decision and Third Direction of Election,
under the direction and supervision of the Regional Director for the
Tenth 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 production and maintenance employees,
tune-checkers, and weigh clerks at the Alcoa Works on the pay roll
for the week including February 1, 1938, including employees who
did not work during such pay-roll period because they were ill or on
vacation , excluding, however, supervisors and office employees.
-watchmen, guards, office janitors, farm and dairy employees, and
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
those who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by the Aluminum Em-
ployees Association, the International Union, Aluminum Workers of
America, affiliated with the Committee for Industrial Organization,
for the purpose of collective bargaining, or by neither.
MR. WILLIAM M. LEIsmsoN took no part in the consideration of
the above Supplemental Decision and Third Direction of Election.
[SAME TITLE]
AMENDMENT TO THIRD DIRECTION OF ELECTION
June 13, 1939
On June 3, 1939, the National Labor Relations Board, herein called
the Board, issued a Supplemental Decision and Third Direction of
Election in the above-entitled proceeding, the election to be held
within fifteen (15) days from the date of the Third Direction, under
the direction and supervision of the Regional Director for the Tenth
Region. The Board, at the request of the Regional Director, hereby
amends the Third Direction of Election issued on June 3, 1939, by
striking therefrom the words, "within fifteen (15) days from the date
of this Supplemental Decision and Third Direction of Election," and
substituting therefor the words, "within twenty (20) days from the
date of this Supplemental Decision and Third Direction of Election."
13 N. L. R. B., No. Ila.
`SAME TITLE
Aluminum Manufacturing Industry-Election Ordered: further run-off, pur-
suant to procedure as to successive run-off elections ; eligibility date in run-off
election controlled by eligibility date in original election, motion to vary denied.
SUPPLEMENTAL DECISION
AND
FOURTH DIRECTION OF ELECTION
July 28, 1939
On June 3, 1939, the National Labor Relations Board, herein called
the Board, issued a Supplemental Decision and Third Direction of
Election directing that a run-off election by secret ballot be held
within fifteen (15) days from the date of its Third Direction of
Election among the production and maintenance employees, time-
checkers, and weigh clerks at the Alcoa Works on the pay roll for
ALUMINUM COMPANY OF AMERICA 83
the week including February 1, 1938, including employees who did
not work during such pay-roll period because they were ill or oil
vacation, excluding supervisors and office. employees, watchmen,
guards, office janitors, farm and dairy employees, and those who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by the Aluminum Employees Associa-
tion, herein called the Association, the International Union, Alumi-
num Workers of America, affiliated with the Committee for Indus-
trial Organization, herein called the C. I. 0., for the purpose of
collective bargaining, or by neither.l On June 13, 1939, at the re-
quest of the Regional Director, the Board issued an Amendment to
the Third Direction of Election, extending the time within which
the election might be held by 5 days.
Pursuant to the third Direction, as amended, a run-off election by
secret ballot was held on June 22, 1939, under the direction and super-
vision of the Regional Director for the Tenth Region (Atlanta,
Georgia) and on June 27, 1939, said Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued and duly served
upon the parties an Intermediate Report on the election.
As to the results of the secret ballot, the Regional Director reported
as follows :
1. Total number eligible---------------------------------- 3, 961
2. Total ballots cast-------------------------------------- 3,381
3. Total number ballots cast for Aluminum Employees Asso-
ciation ---------------------------------------------- 1,553
4. Total number ballots cast for International Union, Alumi-
num Workers of America, affiliated with the C. I. O__-_ 1,613
5. Total number of ballots cast for neither of these labor
organizations ---------------------------------------- 183
6. Total number of challenged ballots--------------------- 16
7. Total number of void ballots--------------------------- 2
& Total number of blank ballots ------------------------- 14
On July 5, 1939, the Association filed a document protesting the
run-off election of June 22, 1939, on the ground that the employees
eligible to vote in that election should have included 269 employees
who were employed by the company on the date the run-off election
was held but who were not on the pay roll on February 1, 1938, the
eligibility date adopted in that election.2 When the Board adopted
the February 1, 1938, eligibility date 3 for the election of May 4, 1939,
1 Aluminum Workers Union Local No. 19104, affiliated with the American Federation of
Labor, which received the least number of ballots at the preceding election, was elimi-
nated from the run-off ballot.
2 On May 11, 1939, the Association filed a similar motion with the Board which
motion was denied for reasons stated in our Supplemental Decision and Third Direction
of Election , cited supra.
8 At the original hearing in this proceeding on September 15, 1938, the February 1,
1938, eligibility date was agreed to by all the parties including the Association.
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which was the first of this series of elections, neither the Association
nor any other party to the proceeding had made any objection to
the February 1, 1938, date. Since no party filed a request for a
change in the eligibility date before the institution of this series of
elections on May 4, 1939, or before one of the contesting labor or-
ganizations had been eliminated as a result of the first election of
the series, we must adhere to that pay-roll date as determinative of
employees' eligibility to vote in the remaining elections of this series.
For these reasons, the Association's protest to the run-off election of
June 22, 1939, is hereby overruled.
On June 26, 1939, the C. I. 0., which received the highest number
of votes in the run-off election, filed a motion with the Board request-
ing a further run-off election. In its Supplemental Decision and Sec-
ond Direction of Election the Board announced that where the result
of the election is inconclusive as here, it would adopt the practice of
conducting successive run-off elections eliminating from each succes-
sive ballot the organization receiving the lowest number of votes in
the preceding ballot, until either a representative has been selected by
a majority or a majority has signified that none of the contesting
organizations is desired as a representative for collective bargaining.
Since in the preceding run-off election a majority of the employees
indicated their desire to bargain collectively but no representative was
selected, and since a request for a further run-off election has been
received, we shall therefore, in accordance with the procedure set
forth, direct a further run-off election eliminating from the ballot
the organization which received the lowest number of votes in the
preceding run-off ballot.
FOURTH 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, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, it
is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purpose of collective
bargaining with Aluminum Company of America and Carolina
Aluminum Company, its wholly owned subsidiary, at the Alcoa
Works, an election by secret ballot shall be conducted within fifteen
(15) days from the date of this Supplemental Decision and Fourth
Direction of Election, under the direction and supervision of the
4 An earlier election which was inconclusive in result was held on December 8, 1938,
and vacated in our Supplemental Decision and Second Direction of Election.
ALUMINUM COMPANY OF AMERICA 85
Regional Director for the Tenth 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 production and
maintenance employees, time-checkers, and weigh clerks at the Alcoa
Works on the pay roll for the week including February 1, 1938,
including employees who did not work during such pay-roll period
because they were ill or on vacation, excluding, however, supervisors
and office employees, watchmen, guards, office janitors, farm and dairy
employees, and those who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
the International Union, Aluminum Workers of America, affiliated
with the Committee for Industrial Organization, for the purpose of
collective bargaining.
Mr. WILLIAM M. LEI5ERSON took no part in the consideration of the
above Supplemental Decision and Fourth Direction of Election.
13 N. L. R. B., No. 11b.
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