Lima Locomotive Works, Inc.

National Labor Relations Board - Board Decisions

Mar 10, 1943

47 N.L.R.B. 1486 (N.L.R.B. 1943)

In the Matter of LIMA LOCOMOTIVE W ORKS, INC . and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (C. I. 0.)
Case No. R-4685.-Decided March 10, 1943
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
I
On January 6, 1943, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on February 4, 1943, under
the direction and supervision of the Regional Director for the Eighth
Region (Cleveland, Ohio). On February 11, 1943, the Regional Di-
rector, 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 an Election Report.
As to the balloting and its results, the Regional Director reported
as follows : -
Approximate number of eligible voters---------------------- 3, 261
Total ballots cast----------------------------------------- 2,779
Total ballots challenged----------------------------------- 68
Total blank ballots---------------------------------------- 5
,Total void ballots---------------------------------------- 10
Total valid votes counted---------------------------------- 2,696
Votes cast for International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America
(C. I. 0.) ---------------------------------------------- 1,304
Votes cast. for Metal Trades Department of the American
Federation of Labor (AFL) ----------------------------- 1,324
Votes cast for neither------------------------------------- 68
On February 15, 1943, International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America (C. I. 0.),
filed a request for a run-off election to be held by the Board. On
February 20, 1943, the Metal Trades Department of the American
Federation of Labor and affiliated organizations, herein called the
Metal Trades Department, filed Objections to the Election Report.
1 46 N. L. R. B. 813.
47 N. L. R. B., No. 192.
1486
LIMA LOCOMOTIVE WORKS, INC. 1487
On February 24, 1943, the Regional Director issued a Report on
Objections.
The Objections of Metal Trades Department are directed to the
Regional Director's rulings on the challenged ballots of 65 em-
ployees. The Regional Director ruled that of the 68 challenged
ballots, 65 should be declared invalid because they were cast by
employees in various supervisory categories specifically excluded from
the appropriate unit by the Board's Decision and Direction of
Election. In regard to the other 3 ballots, the Regional Director
reported as follows : 1 voter's name was omitted from the voting
list by error, and he accordingly recommended that this ballot be
opened and counted ; 1 could not be found on the Company's pay
roll, and the other was employed after the governing pay-roll date.
The Regional Director recommended that these 2 ballots be not
counted. We sustain the rulings of the Regional Director as to
these 3 employees.
The Metal Trades Department urges that the ballots of the 65
employees challenged as supervisory should be opened. It contends
that the Board, in accordance with an agreement of the parties,
found the appropriate unit to be the unit previously bargained for
under its contract with the Company and that it had thus bargained
for these contested employees. The Metal Trades Department
further claims that even if the 65 challenged voters are not within
the bargaining unit specifically set out in the Board's Decision and
Direction of Election, they are within the unit the Board intended
to find.
We find no merit in this contention. The Board found appro-
priate, in accordance with the agreement of the parties, a unit
as stated in the aforesaid contract. This contract specifically ex-
cluded foremen, supervisors, demonstrators, and inspectors. The
65 contested ballots were cast by.19 foremen, 2 supervisors, 36 in-
spectors,^ and 8 demonstrators, respectively; it is not disputed that
they are so listed on the Company's pay roll and perform the duties
of those categories. It was not the intention of the Board to in-
clude in the unit such of the employees in the excluded supervisory
categories as may have formerly been in included categories and,
following advancement,' continued to be members of and represented
by the Metal Trades Department. Accordingly, we sustain the
Regional Director's rulings as to these 65 employees and find that
they were ineligible to vote. The objections of the Metal Trades
Department are therefore overruled.
Although neither of the competing labor organizations in the
election received a majority of the votes cast, the results of the elec-
tion show that a majority of the employees in question desire to
1488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargain collectively with the Company, and one of the organizations
involved has requested a run-off election. Accordingly, we shall
direct a run-off election in which such employees will be given an
opportunity to decide whether they desire to be represented by Inter-
national Union, United Automobile, Aircraft & Agricultural
Implement Workers of America (C. I. 0.), or by Metal Trades
Department of the American Federation of Labor, for the purposes
of collective bargaining. -
DIRECTION OF RUN-OFF ELECTION
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
.-DIRECTED that,, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lima Locomotive
Works, Inc., Lima, Ohio, an election by secret ballot shall' be. con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Run-Off Election, under the direction
and supervision of the Regional Director for the Eighth Region,
acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regu-
lations, among, the employees of Lima Locomotive, Works, Inc.,
Lima, Ohio, in the appropriate unit described in the Decision and
Direction .of Election of January 6, 1943, but excluding those who
have since, quit or been discharged for cause, to, determine whether
they desire to be represented by International Union; United Auto-
mobile, Aircraft & Agricultural Implement Workers of America
(C. I. 0.'),'. , or by Metal Trades Department of the American Feder,
ation of Labor, for the purposes of collective bargaining.