Gatke Corp.

National Labor Relations Board - Board Decisions

Jun 16, 1943

50 N.L.R.B. 663 (N.L.R.B. 1943)

In the Matter of GATKE CORPORATION and INTERNATIONAL UNION,
AUTOMOBILE WORKERS OF AMERICA , AFFILIATED WITH THE
A. F. of L.
Case No. R-3486
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
June 16, 194
On June 11, 1942, the National Labor Relations Board, herein called
the Board, certified the International Union, United Automobile
Workers of America, affiliated with the A. F. of L., herein called the
Union, as the exclusive bargaining representative for the production
and maintenance employees of Gatke Corporation, Warsaw, Indiana,
herein called the Company.' Thereafter the Union filed charges
against the' Company alleging that the Company refused to bargain
with it in violation of Section 8 (5) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. In dismissing the charges the
Board made certain rulings on challenges which made questionable
the majority status of the Union at the time of the election and the
validity of the certification.2 In view of these rulings the Board on
April 7, 1942, issued its Supplemental Decision and Direction,3 direct-'
in g the Regional Director to open and count eight challenged ballots
held valid by the Board and to prepare a new tabulation of all valid
votes cast in the election.
On April 20, 1943, the Regional Director issued his Supplemental
Election Report setting forth the results of the new count as follows :
Total on eligibility list-------------------------------------- 132
Total ballots cast--------- --------------------------------- 135
Total ballots challenged------------------------------------- 11
Total ;blank ' ballots------------------------------------------- 2
Total void ballots----------------- ------------------------- 0
Total valid votes counted----------------------------------- 122
Votes cast for international Union, United Automobile Work-
ers of America , affiliated with the A. F. of L---------------- 63,
Votes cast against International Union, United Automobile
Workers of America, affiliated with the A. F. of L---------- 59'
141 N. L R . B. 915.
2 48 N . L R. B. 962.
® 48 N L . R B. 1002.
50 N. L . R. B., No. 87.
663'
664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director also recommended that the Union be certified
as the exclusive bargaining representative.
On April 30, 1943, the Company filed its exceptions to the recom-
mendation of the Regional Director that the Union be certified, and
requested a hearing before a Trial Examiner upon its exceptions and
a new election. ' The Company contended that the election is stale,
more than 13 month having elapsed since the date of the election; and
that out of 125 employees eligible to vote at the election only 58 remain
on the Company's pay roll at the present time, and that the Company
now has 103 new employees who had no choice in the selection of the
bargaining representative. On June 3, 1943, the Union moved for an
order setting aside the results of the election held March 19, 1942, and
directing an immediate election among the Company's employees in the
unit heretofore found appropriate based on the pay roll of April 15,
1943, or the pay roll immediately preceding such election, or any other
pay roll that the Board may find appropriate. The Union alleged
that on the date of the last election and at all times subsequent thereto
it maintained its membership among the employees in the unit found
to be appropriate and is at present the representative of the majority
of the Company's employees. The Union further stated that it con-
curs in the request of the Company for a new election as an expedi-
tious way of disposing of the issues involved herein.
Since both the Company and the Union desire a new election, and
since it appears that there is no other labor organization claiming
representation of the Company's employees, we shall set aside our cer-
tification-of the Union as the exclusive bargaining representative of
the Company's production and maintenance employees, dated June 11,
1942, and order a new election on the basis of the pay roll immediately
preceding the date of this Second Direction of Election, to determine
whether or not the Union is the exclusive bargaining representative
of the Company's employees in the unit heretofore found appropriate.
ORDER AND SECOND DIRECTION OF ELECTION
Upon the entire record in the case,and'by virtue of and pursuant to
the power vested in the National Labor Relations Board, by Section
9 (c) of the National Labor Relations Act, and pursuant to Article III,
Sections 9 and 10, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended,
IT IS HEREBY ORDERED that the certification dated June 11, 1942, of the
International Union. United Automobile Workers of America, affili-
ated with the A. F. of L., as the exclusive bargaining representative of
all production and maintenance employees of Gatke Corporation, War-
saw, Indiana, be, and the same is hereby, vacated andset aside;
'AND IT IS HEREY DIRECTED that, as part of the investigation to ascer-
GATE CORPORATION 665
taro representatives for the purposes of collective bargaining with
Gatke Corporation, Warsaw, Indiana, an election 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 10, of said Rules and Regulations,
among all production and maintenance employees of Gatke Corpora-
tion at Warsaw, Indiana, who were employed during the pay-roll
period immediately 'preceding the date of this Direction, including
employees who did not work during that pay-roll period because they
were ill or on vacation or temporarily laid off, and including employees
in the armed forces of the United States who present themselves in
person at the polls, but excluding supervisors and clerical employees
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by the Inter-
national Union, United Automobile Workers of America, affiliated
with the A. F. of L., for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Supplemental Decision, Order, and Second Direction of Election.