J. I. Case Co.

National Labor Relations Board - Board Decisions

Jan 14, 1943

46 N.L.R.B. 1113 (N.L.R.B. 1943)

In the Matter of J. I. CASE COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, C. I. O.
Case No. R-4476
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
January 14,1943
On November 20, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed-
ing., Pursuant to the Direction of Election, an election by secret
ballot was conducted on December 18, 1942, under the direction and
supervision of the Regional Director for the Eighteenth Region
(Minneapolis, Minnesota). On December 19, 1942, the Regional
Director, acting pursuant to Article III, Section 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties a Report on Ordered Election.
As to the balloting and its results, the Regional Director reported
as follows :
Approximate number of eligible voters------------------------ 224
Total ballots cast---------------------------- --------------- 175
Total ballots challenged------------------------------------- 0'
Total void ballots------------------------------------------- 0
Total valid votes counted------------------------------------ 174
Votes cast for International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America, C. I. 0 ---- 117
Votes cast for InternationalAssociation of Machinists, A. F. of L_ 18
Votes cast for neither--------------------------------------- 39
On December 26, 1942 , J. I. Case Company,-herein called the Com-
pany, filed objections to the conduct of the ballot and the Election
Report . On December 26,1942, the Regional Director issued a Report
on Objections , recommending that the objections be overruled. The
Company objected to the election on the ground that the Regional
Director did not provide for the voting of 37 employees in the armed
145 N. L. R. B. 705
46 N. L. R. B., No. 130.
1113
1114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
forces of the United States unless they presented themselves in person
at the polls.
For the past year it has been the Board's policy not to mail ballots
to. persons in the armed forces. Administrative experience has
demonstrated that it is impractical to provide for mailed balloting
by employees in the armed forces. In the past this practice seriously
retarded the completion of elections because of difficulties-,in.;de-
termining the location of men in military service and frequently gave
rise to substantial issues relating`to the conduct of the ballot and the
election. In addition, actual returns from such mailed ballots have
been relatively small .2 There are a total of 37 employees of the
Company-who are in the armed services of the United States. As-
suming that all such employees were afforded an opportunity to vote
by mailed ballots, the results of the election could riot have been
affected. We find that the objections of the Company raise no sub-
stantial or material issues with respect to the conduct of the ballot.
The objections are hereby overruled.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Sections 9 and 10, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile, Aircraft and Agricultural -Implement Workers of America,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of all production and mainte-
nance employees at the Burlington plant of J. I. Case Company,
Burlington, Iowa, excluding executives, foremen, assistant foremen,
plant guards, timekeepers, shop clerks, designing and engineering
employees, and main office employees, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the National Labor Relations Act, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of
America, affiliated with the Congress of Industrial • Organizations, is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages; hours, of em-
ployment, and other conditions of employment.
2 see Matter of Wilson & Co ., Inc. and Packinghouse Workers Organizing Committee,
Local No 20, affiliated with the 0. I. 0.,' 37 N L R. B . 944; Matter of J Creenebaum -
Tanning Co and International Far d Leather Workers Union, Local No 260 (C. I. 0.),
42N.L R.B 626.