Square D Co.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 920 (N.L.R.B. 1943)

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.