NATIONAL LABOR RELATIONS BOARD

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IV. PRINCIPLES 'ESTABLISHED 61 votes cast, the Board directed that a run-off election be held by dropping the "neither" or "none" from the ballot. 19 In Matter of Wal green Company,17 where, subsequent to the issuance of a direction for a run-off election, one of the organizations asked to have its name omitted from the run-off ballot, the Board directed that the employees be permitted to vote for or against the remaining organization. In the absence of a request by any of the labor organizations involved, no rim-off election is ordered.18 And, where a plurality of the votes is cast for "neither" or "none" in the original election, the Board has generally refused to direct a rim-off election.19 4. OBJECTIONS PERTAINING TO ELECTIONS AND RUN-OEF ELECTIONS The circumstances which the Board has held constitute material and substantial objections to the conduct of an election, thus warranting its being set aside, have been digcussed in prior annual reports.2° In Matter of Precision Castings Company,21 the Board refused to set aside an election because of alleged improper conduct by the company prior to and during the election, where the labor organization involved insisted upon proceeding with the election despite its belief that the company was currently engaged in unfair labor practices and despite the fact that charges alleging such unfair labor practices were pending before the Board.' 5. CERIatICATION FOLLOWING AN ELECTION In certifying a labor organization as exclusive representative of employees in an appropriate bargaining unit, after an election, the Board endeavors to carry out accurately the desires of the employees as expressed in the election. 23 In Matter of Cudahy Packing 10 See. e. g. : Where all labor organizations join in the request—Matter of Consumers Power Co. and International Brotherhood of Electrical Workers, 27 N. L. It. B., No. 44; Matter of Standard Oil Co. and Esso Tankermen's Association, et at., 27 N. L. R. B., No. 82a; Matter of United States Smelting, Refining d Mining Co. and Fairbanks Mine Workers' Union, etc., 27 N. L. R. B., No. 83; Matter of North American Aviation, Inc. and United Automobile Workers, etc., 29 N. L. R. B., No. 27a; Matter of Menasco Mfg. Co. and United Automobile Workers, etc., 29 N. L. R. B., No. 162: Hatter of Kesterson Lumber Corp. and International Woodworkers of America, etc. 31 N. L. R. B., No. 26; where the only organization requesting the run-off did not receive the highest number of votes— Matter of Klauber Wangenheim Co. and International Longshoremen's (6 Warehousemen's Union, etc.., 26 N. L. R. B., No. 29; Matter of Pennsylvania Greyhound Lines, et al. and Brotherhood of Railroad Trainmen, 27 N. L. R. B., No. 162; Matter of Elk Tanning Co. and International Fur & Leather Workers' Union, C. I. 0., 29 N. L. R. B., No. 50; Matter of Vernon Tool Co., Ltd. and Metal Trades Council, etc., 29 N. L. R. B., No. 78; Matter of Fairchild Aircraft Division, etc. and International Ass-'n of Machinists, 32 N. L. R. B., NO. 99. "Matter of Walgreen Co. and Wholesale and Chain Drug Warehouse Employees Union, etc., 25 N. L. R. B., No. 6. "Matter of Armour & Co. of Delaware and Federal Local No. 21008, A. F. of L., 28 N. L. R. B. No. 25. "Matter of General Motors Corp. and International Union, U. A. W. A. ,etc., 25 N. L. R. B., No. 30; Matter of Emil J. Paidar Co. etc. and United Furniture Workers, etc., 26 N. L. R. B., No. 134; Matter of Luders Machine Construction Co. and International Ass'n of Machinists, A. F. of L., 32 N. L. R. B.. No. 180; Matter of Borden Mills, Inc. and Textile Workers Union of America, 32 N. L. R. B., No. 181. Cf. Matter of Aluminum Co. of America and International Union, United Automobile Workers of America, etc., 32 N. L. R. B., No. 47. 2, Fourth Annual Report, pp. 79-80; Third Annual Report, pp. 147-149. I, Matter of Precision Castings Co., Inc. and National Association of Die Casting Workers. etc., 27 N. L. R. B.. No. 101. Cf. Matter of Curtis Wright Corp., tc. and Aircraft Lodge 703, etc., 35 N. L. R. B.. No. 46, decided after the close of the dscal year. = Fourth Annual Report, p. 81; Third Annual Report. p. 149.
62 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD Company 24 the Board directed that a separate election be held among a craft group, stating that in the event the craft employees selected a representative other than the representative selected by the employees in the plant-wide unit, they would constitute a separate unit, but in the event they selected the same representative as the balance of the employees, the Board would find a single unit appropriate. The votes cast by the craft group were equally divided between the two labor organizations involved, whereas the election among the balance of the employees resulted in a choice of the organization advocating the industrial unit. The Board held that the election among the craft group had not resulted in the selection of any bargaining representative.' In Matter of Dain Manufacturing Company 26 the Board directed two run-off elections, the first among three unions seeking to represent a craft group, and the second between two organizations seeking to represent the industrial group, no union having secured a, majority in either group in the first set of elections. In ordering the run-off elections the Board stated : However, if no labor organization receives a majority of the votes cast in the run-off election among the [craft group] we shall not hold any further election among them; nor shall we certify any representatives for them.21 No set number or percentage of employees is required to vote in an election, to warrant certification. Thus, in Matter of Butler Specialty Company," although only 71 employees out of a unit of 303 participatec in a run-off election, the Board certified the organization receiving a majority of the votes cast. The Board noted that the employer had refused to cooperate in arrangements for the election by refusing, inter alia, to post notices of the election in the plant. However, the number voting may be so small, or the circumstances such, that the Board concludes that some further action should be taken. Thus, in Matter of Weinberger Sales Company, 29 the Board found that only 54 employees out of a unit of 540 had participated in the election, and directed that further balloting be conducted among employees who had not participated. F. ADEQUATE PROOF OF MAJORITY REPRESENTATION WHERE NO ELECTION IS HELD There were no significant additions in the past fiscal year to the material covered in previous annual reports on proof of majority required in representation and unfair labor practice cases where the majority is established by means other than an election.3° 24 Matter of Cudahy Packing Co. and United Packinghouse Workers of America, etc., 29 N. L. R. B.. No. 132. " b id. , 32 N. L. R. B., No. 12. Board Member Edwin S. Smith, dissenting, urged the certification of the industrial union for both groups, since the craft group had not voted itself out of the industrial unit. "Matter of Dain Mfg. Co. and International Alsten of Machinists, etc., 32 N. L. R. B., No. 70. 71 Board Member Edwin S. Smith, dissenting, urged the disposition suggested by him in the Cudahy ease, supra, footnote 25. 28 Matter of Butler Specialty Co., etc. and United Furniture Workers of America, etc., 29 N. L. R. B. No. 82. 29 Matter of -Weinberger Sales Co., Inc., and United Dock and Fruit Workers Union, etc., 28 N. L. R. B., No. 26. an Fifth Annual Report, pp. 60-63; Fourth Annual Report, pp. 81-82.
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SIXTH ANNUAL REPORT OF THE NATIONAL
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NATIONAL LABOR RELATIONS BOARD WILL
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TABLE OF CONTENTS Chapter Page I. A
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SIXTH ANNUAL REPORT OF THE NATIONAL
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I. A SUMMARY 3 In dealing with disp
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I. A SUMMARY 5 report is used as a
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ClIAPTE11 It THE NATIONAL LABOR REL
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II. THE NATIONAL LABOR RELATIONS ;
Page 18 and 19: III. STATISTICAL RECORD OF BOARD AC
Page 20 and 21: Ill. ,STATISTICAL RECORD OF BOARD A
Page 30 and 31: Metal mining Coal mining Crude petr
Page 36 and 37: TABLE 1 1.-Number of cases and numb
Page 38 and 39: Cases closed otherwise Cases closed
Page 40 and 41: Cases closed by compliance with int
Page 42 and 43: By consent election By pay-roll che
Page 44 and 45: TABLE 19.-Number of elections and p
Page 46 and 47: C. I. 0. alone I A. F. L:C. I. 0 2
Page 48 and 49: IV. PRINCIPLES ESTABLISHED 41 in wh
Page 50 and 51: IV. PRINCIPLES 'ESTABLISHED 43 of o
Page 52 and 53: IV. PRINCIPLES ESTABLISIEIED 45 B.
Page 54 and 55: IV. PRINCIPLES ESTABLISHED 47 Whene
Page 56 and 57: 1V.. PRINCIPLES ESTABLISHED 49 of t
Page 58 and 59: IV. PRINCIPLES ESTABLISHED 51 agree
Page 60 and 61: IV. PRINCIPLES ESTAISLISUEL-ED 53 A
Page 62 and 63: IV. PRINCIPLES 'ESTABLISHED 55 I. I
Page 64 and 65: IV. PRINCIPLES ESTABLIS'HED 57 dict
Page 66 and 67: IV. PRE\rCIPLES ESTABLISHED 59 the
Page 70 and 71: IV. PRINCIPLES ESTABLISHED 63 G. TH
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
Page 74 and 75: ni. PRINCIPLES ESTABLISHED 67 4. MU
Page 76 and 77: IV. PRINCIPLES ESTABLISHED 69 pursu
Page 78 and 79: IV. PRINCIPLES ESTABLISHED 71 not b
Page 80 and 81: IV. PRINCIPLES ESTABLISHED 73 ORDER
Page 82 and 83: IV. PRINCIPLES VSTABLISHED 75 the r
Page 84 and 85: I V. PRINCIPLES ESTABLISHED 77 more
Page 86 and 87: IV. PRINCIPLES ESTABLISHED 79 emplo
Page 88 and 89: V. JURISDICTION 81 and outgoing int
Page 90 and 91: CHAPTER VI LITIGATION A decided inc
Page 92 and 93: VI. LITIGATION 85 parties constitut
Page 94 and 95: • VI. LITIGATION 87 B. PRINCIPLES
Page 96 and 97: VI. LITIGATION 89 Antiunion stateme
Page 98 and 99: VI. LITIGATION 91 when none is in e
Page 100 and 101: VI. LITIGATION 93 flict of opinion
Page 102 and 103: VI. LITIGATION 95 Lion. The Board's
Page 104 and 105: VI. LITIGATION 97 Court ruled that
Page 106 and 107: VI. LITIGATION 99 rial ; 32 to refu
Page 108 and 109: VI. LITIGATION 101 Other procedural
Page 110 and 111: VI. LITIGATION 103 D. SPECIAL LITIG
Page 112 and 113: VI. LITIGATION 105 B. APPLICATION O
Page 114 and 115: APPENDIX A REGIONAL OFFICES—LOCAT
Page 116 and 117: APPENDIX A Region 11, Architects In
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APPENDIX B CASES HEARD DURING THE F
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APPENDIX B 113 Jackson Cookie Co.,
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APPENDIX B 115 Western Printing Co.
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APPENDIX B 117 Chrysler Corporation
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APPENDIX B 119 Hardy Mfg. Co., owne
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APPENDIX B 121 Missouri Rolling Mil
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APPENDIX B 123 Selznick Internation
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APPENDIX B 125 Westinghouse Electri
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APPENDIX C 127 Vol. No. Fletcher Pa
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APPENDIX C 129 Vol. No. Texarkana B
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APPENDIX C 131 Vol. No. Sanderson,
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APPENDIX c 133 Vol. No. Cambridge I
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APPENDIX C 135 Vol. No. Gliden Buic
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APPENDIX C 137 Vol. No. Lowenstein
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APPENDIX C 139 Vol. No. Radio Wire
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APPENDIX C 141 Vol. No. Universal P
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APPENDIX C 143 Vol. No. General Mot
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APPENDIX D 145 Valley Mould CC Iron
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APPENDIX D 147 (b) Board orders enf
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APPENDIX D 149 Circe-Simplex Corp.,
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APPENDIX D 151 Seventh Circuit B. Z
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APPENDIX D 153 Pacific Grape Produc
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APPENDIX D 155 Eighth Circuit N. L.
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NATIONAL LABOR RELATIONS BOARD

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