Glenn L. Martin Co.

National Labor Relations Board - Board Decisions

Aug 25, 1943

52 N.L.R.B. 183 (N.L.R.B. 1943)

In the Matter of GLENN L. MARTIN COMPANY aid INTERNATIONAL '
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, UAW-CIO
Case No. R-5445
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
August 25, 191.3
On June 11, 1943, the National Labor Relations Board issued a De-
cision and Direction of Election 1 and on July 2, 1943, an Amendment
to Direction of Election in the above-entitled proceeding. Pursuant
to the Direction of Election, as amended, an election by secret ballot
was conducted on July 16, 1943, under the direction and supervision of
the Director of Field Division. On August 6, 1943, the Director of
Field Division issued and duly served upon the parties a Report on
Ordered Election.
As to the balloting and its results, the Director reported as follows :
Percentage of eligibles casting ballots______________________ 814
Percentage of eligibles casting valid votes_________________ 78.5
Percentage of valid votes cast for U. A. W -Local 738 C. I. O__ 40.44
Aircraft Lodge 1719 I. A M_______________________________ 11.13
Middle River Aeronautical Employees Association ----------- .9
None ---------------------------------------------------- 42 33
The Director reported that the challenged ballots constituted 5.15 per-
cent of the valid votes cast and consequently might affect the results
of the election.
On August 11, 1943, Internati9nal Union, United Automobile, Air-
craft and Agricultural. Implement Workers of America, Local ;738,
herein called the UAW-CIO, filed a statement requesting that a run-
off election be conducted and, if no run-off election were directed, per-
mission to file objections to the conduct of the election on the alleged
ground of interference therewith by the Company. On August 14
and 19, respectively, Middle River Aeronautical Employees Associa-
i ON L R B 412.
52 N L R. B, No 27.
183
184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion, Inc., herein called the Association, and the Company filed state-
ments with the Board. The Association requested that no run-off
election be held unless the positions of the parties were changed in
the event the Board followed the Director's recommendations as to
the disposition of the challenged ballots. The Company made a like
request, but in addition suggested that a run-off election would serve
no useful purpose; it also opposed the request of the UAW-CIO for
leave to file objections in the event a run-off election were not directed,
asserting that it had not interfered with the conduct of the, election.
None of the parties objected to the Director's recommendations re-
specting the disposition of the challenged ballots.
By an amendment to its Rules and Regulations, effective August 23,
1943, the Board has promulgated a new policy with respect to run-off
elections. We find that the purposes and policies of the Act will be
effectuated by applying the new policy, insofar as practicable, to the
present case. Under the new policy, a run-off election will be held
"when the results in the election are inconclusive because no choice
on the ballot in the election received a majority of the valid ballots
cast." As indicated above, no choice would receive a majority even if
all the challenged ballots were assumed to be valid. The new policy
further provides that the ballot in the run-off election "shall provide
for a selection between the two choices that received the largest and
the second largest number of valid votes cast in the election" and that
"no representative shall be accorded a place on the run-off ballot unless
that representative received at least twenty percent of the valid votes
cast in the election." Assuming the validity of all the challenged
ballots, either the UAW-CIO or "none" would have the largest number
of votes, but less than a majority, and the votes cast for Aircraft Lodge
1719, I. A. M. or for the Association, would be less than 20 percent of
the total valid ballots cast. We shall, therefore, direct a run-off
election in which the employees in the appropriate unit will have the
opportunity to decide whether or not they desire to be represented by
the UAW-CIO.
We have considered the Director's recommendations with respect
to tie challenged ballots, to which none of the parties objected, and
agree with his recommendations. The Director recommended that
the Board determine the eligibility of the group of working super-
visors challenged. Since at least one of the parties contends that the
challenged working supervisors were eligible to vote, and in the interest
of expediting the holding of the run-off election, we shall reserve
determination of the eligibility of the working supervisors until after
the run-off election. They may participate in the run-off election,
subject to challenge, and their ballots will be segregated.
GLENN L. MARTILN COMPANY
DIRECTION OF RUN-OFF ELECTION
185
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, 10, and 11, 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 Glenn L. Martin
Company, Middle River, Maryland, a run-off 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 supervi-
sion of the Director of Field Division, 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 Regulations, among the employees
of the Company who were eligible to vote in the election conducted
July 16, 1943, and who are employed in an eligible category on the date
of the run-off election, but excluding those who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by the UAW-CIO for the purposes of collective bar-
gaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision and Direction of Run-Off Election.