The Monarch Machine Tool Co.

National Labor Relations Board - Board Decisions

Jun 3, 1944

56 N.L.R.B. 1180 (N.L.R.B. 1944)

In the Matter of THE MONARCH MACHINE TOOL Co. and UNITED
`ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA (CIO)
Case No. R-4934 (8-R-1043)
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
June 351944
On March 16, 1943, the National Labor Relations 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 March 27, 1943, under the direction and supervision of
the Regional Director for the Eighth Region (Cleveland, Ohio). On
March 29,1 ' 943, the Regional Director, in accordance with the' Rules
and Regulations of the Board, issued and duly served upon the parties
a Report on Ordered Election.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Approximate number of eligible voters--------------------- 2,116
Total ballots cast,-, ---------------------------------------- 1,884
Total ballots challenged------------ ---------------------- 2
Total void ballots---------------------------------------- 10
Total valid votes counted--------------------------------- 1,872
Votes cast for United Electrical, Radio and Machine Workers
of America (CIO) -------------------------------------- 874
Votes cast against United Electrical, Radio and Machine
Workers of America (CIO) ------------------------------ 998
Thereafter, United Electrical, Radio and Machine Workers of
America (CIO), herein called the Union, filed objections to conduct
affecting the results of the election. On April 28, 1943, following an
investigation, the Regional Director issued a Report,on Objections in
which he found that the Objections raised material and substantial
issues. On May 6, 1943, the Board issued an Order directing a hear-
ing on the Objections to the election. On July 17, 1943, a complaint
proceeding having been instituted against the, Company, the Board
issued an Order consolidating the cases.
1 48 N L R R. 141
56 N. L. R. B. , No. 210.
1180
THE, MONARCH MACHINE TOOL COMPANY 1181
On August 9, 1943, the Union and the Company entered into a stip-
ulation in settlement of the consolidated cases. In accordance with the
stipulation, the Board on August 19, 1943, issued a Decision and
Order directing the Company to cease and desist its unfair labor
practices and setting aside the election.2 The Decision and Order fur-
ther provided that a new election would be directed at such time as
the Regional Director advised to be appropriate.
i
The Regional Director having on May 29, 1944, advised the Board
that the time is now appropriate, we shall direct that a second elect
tion by secret ballot be held among the employees in the unit here-
tofore found appropriate in our Decision and Direction of Election,
issued on March 16, 1943. Those eligible to vote shall be all em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Second Direction
of Election herein, subject to the limitations and additions set forth
therein.
'SECOND DIRECTION OF 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, Section 9, of National
Labor Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with-The Monarch
Machine Tool Co., Sidney, Ohio, a second election by secret, ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Second Direction, 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, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit heretofore found appropriate
in Section IV of our,Decision and Direction of Election, issued on
March 16, 1943, who were employed during the pay-roll period im-
mediately preceding the date of this Second Direction, including em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause, and have not been rehired or reinstated
prior to the date of the second 'election, to determine whether or riot
they desire to be represented by United Electrical, Radio and Ma-
chine Workers of America (CIO), for the purposes of collective
bargaining.
23lotter of The 31onarch Machine Tool Co, Cases Nos. R-4934 (8-R-1043), C-2701
(8-C-1484 )
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