Superior Sheet Metal Works

National Labor Relations Board - Board Decisions

Mar 8, 1939

11 N.L.R.B. 1034 (N.L.R.B. 1939)

In the Matter of SUPERIOR SHEET METAL WORKS and LOCAL 2032
STEEL WORKERS ORGANIZING COMMITTEE AFFILIATED WITH THE
C.I.O.
Case No. R-1095
SUPPLEMENTAL DECISION
AND
ORDER
March 8, 1939
On January 11, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in
the above-entitled proceeding. The Direction of Election provided
that an election by secret ballot be conducted among all the produc-
tion and maintenance employees of the Superior Sheet Metal Works,
Indianapolis, Indiana, who were employed by it as of July 22 and 29,
1938, excluding clerical and supervisory employees and those employees
who had since quit or been discharged for cause, to determine whether
or not they desired to be represented by Local 2032 Steel Workers
Organizing Committee, affiliated with the Committee for Industrial
Organization, for the purposes of collective bargaining.
Pursuant to the Direction an election by secret ballot was conducted
on January 26, 1939, at Indianapolis, Indiana, under the direction
and supervision of the Regional Director for the Eleventh Region
(Indianapolis, Indiana ). Full opportunity was afforded all of the
parties to this investigation to participate in the conduct of the secret
ballot and to make challenges. On January 31, 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 an Intermediate Report on the
ballot. No exceptions to the Intermediate Report have been filed by
any of the parties.
As to the results of the secret ballot, the Regional Director reported
as follows:
1 10 N. L. R. B. 1101.
11 N. L. R. B., No. 87.
1034
SUPERIOR SHEET METAL WORKS ET AL. 1035
Total number of employees alleged eligible to vote_____ _________ 34
Total number of employees voted____________________________ 33
Total number of valid votes cast_____________________________
Total number of votes for Local 2032, Steel Workers Organizing
28
Committee, affiliated with the C. I. 0_______________________ 15
Total number of votes against Local 2032, Steel Workers Or-
ganizing Committee, affiliated with the C. I. 0______________ 13
Total number of blank ballots________________________________ 0
Total number of void ballots_________________________________ 0
Total number of challenged ballots___________________________ 5
The Regional Director found that the persons casting four of the five
challenged ballots were eligible to vote and that their ballots should
be counted, but that the person casting the fifth ballot was not eligible
to vote and that his ballot should not be counted. The four ballots
cast by the persons whom the Regional Director found to be eligible
to vote were then opened in the presence of authorized observers for
the organized and unorganized employees.
The Regional Director further reported in his Intermediate Report -
that the counting of the four ballots changed the results of the elec-
tion as follows :
Total number of employees alleged eligible to vote_____________ 34
Total number of employees voted_____________________________ 33
Total number of valid votes cast______________________________
Total number of votes for Local 2032 , Steel Workers Organiz-
32
ing Committee, affiliated with the C. I. 0__________________ 16
Total number of votes against Local 2032 , Steel Workers Organ-
izing Committee , affiliated with the C . I. 0__________________ 16
Total number of blank ballots_______________________________ 0
Total number of void ballots_________________________________ 1
Total number of challenged ballots_______________ ____________ 0
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees within the
appropriate unit. The petition for investigation and certification of
representatives of employees of Superior Sheet Metal Works, Indian-
apolis, Indiana, will therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT Is HEREBY ORDERED that the petition for investigation and certi-
fication of representatives of employees of Superior Sheet Metal
Works, Indianapolis, Indiana, filed by Local 2032 Steel Workers
Organizing Committee, affiliated with the Committee for Industrial
Organization, be, and it hereby is, dismissed. -