Spring City Foundry

National Labor Relations Board - Board Decisions

Mar 23, 1939

11 N.L.R.B. 1286 (N.L.R.B. 1939)

In the Matter of SPRING CITY FOUNDRY anal FOUNDRY WORKERS UNION
OF WAIIKESHA
Case No. R-1160
Metal Castings Manufacturing Industry-Election : less than majority partici-
pate, representative receiving majority of votes cast certified-Majority Rule:
meaning of, Section 9 ( a) interpreted-Certification of Representatives.
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 23, 1939
On January 27, 1939 , the National Labor Relations Board , herein
called the 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 within fifteen (15)
days from the date of the Direction , among ( 1) the production em-
ployees of Spring City Foundry Company , Waukesha , Wisconsin,
herein called the Company , who were employed during the pay-roll
period next preceding December 16, 1938 , exclusive of supervisory
and clerical employees and also of those who had since quit or had
been discharged for cause ; and, in addition , (2) those (exclusive of
supervisory and clerical employees ) who were employed during the
pay-roll period next preceding November 1 , 1937 , and who on that
date had accumulated at least 6 months' seniority rights with the
Company; to determine whether or not they desired to be represented
by International Union, United Automobile Workers of America,
Local No. 573, herein called the Union , for the purposes of collective
bargaining.
Pursuant to the Direction of Election , an election by secret ballot
was conducted under the direction and supervision of the Regional
Director for the Twelfth Region (Milwaukee , Wisconsin ) on Feb-
ruary 10, 1939. On February 13, 1939, the 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 his Intermediate Report on the ballot.
1 10 N. L. R. B. 1451.
11 N. L. R. B., No. 118.
1286
SPRING CITY FOUNDRY ET AL. 1287
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote________________________________ 252
Total number of ballots cast _________________________________ 106
Total number of ballots cast for the Union___________________ 82
Total number of ballots cast against the Union_______________ 23
Total number of void ballots________________________________ 1
Total number of challenged ballots___________________________ 0
Total number of blank ballots _______________________________ 0
On February 18, 1939, the Company filed with the Regional Direc-
tor objections to the Intermediate Report on the ballot. The objec-
tions alleged, in substance, (1) that due notice of the election was not
given to those persons eligible to vote who were not actually working
for the Company during the time that the election notices were
posted on the Company's bulletin boards, and (2) that the Union
is not entitled to certification because it was not designated by a
majority of the persons eligible to vote.
With respect to the first objection, notices of the election were
posted on the Company's bulletin boards from February 6 to 10,
1939, inclusive, and were mailed to the union president. The "Wau-
kesha Daily Freeman" of February 6, 1939, having a circulation of
about 4,500 in Waukesha, Wisconsin, a community of approximately
12,500 people, and the State edition of the "Milwaukee Sentinel" of
February 7, 1939, having a circulation of about 1,000 in Waukesha,
both published news items about the election to be held on February
10, 1939, and stated that the Company's employees as of November
1, 1937, were also eligible to vote. Both of these newspapers, and
also the "Milwaukee Journal," published news items announcing the
terms of the Board's Direction of Electj.on shortly after it was issued
on January 27, 1939. William J. Grede, president of the Company,
was asked, at the time of filing the objections, whether he knew of
anyone eligible to vote who had failed to learn of the election, and he
answered in the negative. Under all the circumstances, we are satis-
fied that due notice of the election was given.
With respect to the second objection, the Board has repeatedly
rejected an interpretation of Section 9 (a) of the Act such as the
Company here urges, which would require a labor organization to
obtain a majority of those eligible to vote as a prerequisite to exclu-
sive recognition, and has held that Section 9 (a) entitles a labor
organization to such recognition if it receives a majority of the votes
cast at an election.2
2 Matter of R. C. A. Manufacturing Company, Inc . and United Electrical & Radh.o
Workers of America, 2 N. L. R. B . 168. See Vsrgintian Ry. Co. v. System Federation, 300
U. S. 515.
1288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director has determined that the Company's objec-
tions do not raise a substantial and material issue with respect to the
conduct of the ballot. For the reasons heretofore stated, we are in
accord with this determination, and it is hereby affirmed.
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile Workers of America, Local No. 573, has been designated by a
majority of the production employees of Spring City Foundry Com-
pany, Waukesha, Wisconsin, exclusive of supervisory and clerical
employees, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
National Labor Relations Act, International Union, United Automo-
bile Workers of America, Local No. 573, is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.