Square D Co.Download PDFNational Labor Relations Board - Board DecisionsJul 30, 194351 N.L.R.B. 920 (N.L.R.B. 1943) Copy Citation In the Matter of SQUARE D COMPANY and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-53414 SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND DIRECTION OF RUN-OFF ELECTION duly 30, 1943 On June 5, 1943, the National Labor Relations Board issued a Decision and Direction of Elections in the above-entitled proceed- ing.1 Pursuant to the. Direction of Elections, elections by secret ballot were conducted on July 1, 1943, under the direction and super- vision of the Regional Director for the Twenty-first Region (Los Angeles, California). On July 2, 1943, the Regional Director, act- ing 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 Elections. No objec- tions to the conduct of the ballot or to the Election Report were filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : - 1. Warehousemen Total on eligibility list--- ---------------------------------- 11 Total ballots cast ------------------------------------------ 7 Total ballots challenged----------------------------------- 0 Total void ballots-- ---------------------------------------- 1 Total valid votes counted ---------------------------------- 6 Votes cast for United Electrical , Radio and Machine Workers of America, C. I. 0---------------------------------------- 2 Votes cast for International Brotherhood of Electrical Workers, Local Union No. B-11 Switchboard Unit, A. F. L.---------- 0 Votes cast for General Warehousemen 's Local Union 598, A. F. L.--------------------------------------- 2 Votes cast for none----------------------------------------- 2 1 50 N. L. R. B. 120. 51 N. L. R. B., No. 145. 920 SQUARE D COMPANY 921 2. Remaining production and maintenance employees Total on eligibility list-------------------------------------- 144 Total ballots cast------------------------------------------- 117 Total ballots challenged------------------------------------ 0 Total void ballots------------------------------------------ 0 Total valid votes counted----------------------------------- 117 Votes cast for United Electrical, Radio and Machine Workers of America, C. I. 0------------------------------------------ 100 Votes cast for International Brotherhood of Electrical Workers, Local Union No. B-il, Switchboard Unit, A. F. L------------ 4 Votes cast for Neither -------------------------------------- 13 On July 6 and 10, 1943, respectively, General Warehousemen's Local Union 598, affiliated with the American Federation of Labor, herein called the Warehousemen, and United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organ- izations, herein called the C. I. 0., filed requests for a run-off election to be conducted by the Board among the warehousemen. In the bal- loting herein, the Warehousemen, the C. I. 0., and "None" received an equal number of votes. These results are singular in that similar results have occurred in no other election directed by the Board of which we are aware, nor do they come within any of the decisions upon which our present run-off election policy is based. Inasmuch as the balloting shows that a majority of employees voting desire to bar- gain collectively with Square D Company, herein called the Company, we shall direct a run-off election. Since International Brotherhood of Electrical Workers, Local Union No. B-11, Switchboard Unit, affili- ated with the American Federation of Labor, herein called the I. B. E. W., received no votes, we shall drop the I. B. E. W. from the ballot. Inasmuch as there were as many votes case for "None" as either the Warehousemen or the C. I. O. received, we shall preserve to the em- ployees the choice to vote against union representation if'they so desire. The warehousemen will therefore have the opportunity to decide whether they desire to be represented by the Warehousemen, the C. I. 0., or neither. In the Decision and Direction of Elections previously referred to, the Board made no final determination as to the appropriate unit or units, but found that the warehousemen may appropriately constitute a separate unit if they so desire. We see no reason why the mainte- nance and production employees in the large unit, who have selected a majority representative, should be deprived of the opportunity to participate in collective bargaining, pending the results of the run-off election among the warehousemen. We shall therefore make a final determination as to the large unit and shall certify the representative selected by the employees therein, reserving, however, our authority 922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to amend the unit to include the warehousemen, in the event they should select the same representative. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all production and maintenance employees of Square D Company, Los Angeles, California, excluding warehousemen, execu- tives, administrative employees, clerks, office employees, engineers, draftsmen, salesmen, outside employees, watchmen, janitors, truck drivers, and supervisors, foremen, and working foremen who have the authority to recommend the hiring and discharging of employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 Relations Act, and pursuant to Article III, Sections 9 and 10, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organi- zations, has been designated and selected by a majority of the produc- tion and maintenance employees of Square D Company, Los Angeles, California, excluding warehousemen, executives, administrative em- ployees, clerks, office employees, engineers, draftsmen, salesmen, out- side employees, watchmen, janitors, truck drivers, and supervisors, foremen and working foremen who have the authority to recommend the hiring and discharging of employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, United Electrical,, Radio and Machine Workers of America, affiliated with the Congress of In- dustrial Organizations, is the exclusive representative of all such employees for the, purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employ- ment. DIRECTION OF RUN-OFF ELECTION By virtue of and pursuant to the power vested' in the National Labor Relations Board, 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 Square D Com- SQUARE D COMPANY 923 pany, Los Angeles, California, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Twenty-first 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 warehouse- men of the Company who were eligible to vote in the election conduct- ed on July 1, 1943, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be repre- sented by General Warehousemen's Local Union 598, affiliated with the American Federation of Labor, or by United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. CHAIRMAN Mmms took no part in the consideration of the above Sup- plemental Decision Certification of Representatives and Direction of Run-Off Election. Copy with citationCopy as parenthetical citation