1943 - National Labor Relations Board

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The N. L. R. A. in Practice: Representation Cases 51union filing the petition. Customarily the Board holds that an interveningunion has demonstrated an interest sufficient to entitle it toparticipate in the election if it has recently had contractual relationswith the company. A union which has failed to make any representationshowing but relies merely upon its general organizational interestin the industry, is not entitled to a place on the ballot." TheBoard excludes from the ballot a union which has previously beenfound to be company dominated or which is determined to be thesuccessor of a company-dominated union." In every case the ballotin the original election provides a space for voting against the unionor unions listed on the ballot.For a number of years the Board directed run-off elections underappropriate circumstances when requested to do so by one of thelabor organizations involved, provided the labor organizations hadtogether received a majority, and less than a plurality of the ballotswere cast against representation. If a plurality were cast againstrepresentation, the Board dismissed the petition. In directing run-offelections the Board dropped the "neither" or "none" from the ballot.In August 1943, however, the Board, after evaluating its experienceunder the old practice and soliciting the views of interested employersand labor organizations at a public hearing, adopted a new run-offpolicy.The new policy is contained in an amendment to the Rules, adoptedAugust 23, 1943.° The new rule provides in substance that the run-offballot shall 'accord employees a choice between the two highest choicesin the first election, except in the case where "neither" was the secondchoice. In such situations the run-off rule provides that the twounionswill appear on the ballot, with the qualification, however,that a union to be accorded a place on the run-off ballot must pollat least 20 percent of the valid votes cast in the first election. Inorder to expedite the holding of run-off elections, the agent of theBoard conducting the first election, where the conditions for a run-offelection are met, now holds the run-off election without further orderof the Board. Contrary to the former practice, which permitted successiverun-off elections to be held, in the event the first run-off was notconclusive, only one run-off election is now conducted.The Board seeks to conduct elections under circumstances whichwill insure that the employees express their free and independentchoice of representatives. The integrity of the Board's election machineryhas been universally recognized. Where Objections to theconduct of the election or the results have been filed, and evidence hasbeen presented indicating that the employees were prevented fromexercising their free choice, the Board directs that a hearing on theObjections be held. Alter evidence has been taken on the Objections,Matter of Thomasale Chair Company, 37 N. L. R. B. 1017." See MaUer of Wilson & Co., Inc., 45N. L. R. B. 831; Matter of Stoddard Oil Company, 48 N. L. R. B.1291; Matter of Mali Copper Company, 49 N. L. R. B. 901.4' National Labor Relations Board Rules and Regulations, Series 3, Article III, Section 11. See AppendixF.
52 " Eighth Annual Report of the National Labor Relations Boardthe Board considers the record made and determines whether or notthe election should be set aside. Typical instances of conduct requiringthat an election be set aside are activity of supervisory employeeson behalf of one of the unions, threats or intimidation by supervisorsduring the period preceding the election, anti-union propaganda distributedto the employees by the employer, and prohibited electioneeringor physical coercion by a union involved. The Board has also setaside an election where one of the labor organizations involved distributedsample ballots bearing the name of the Regional Director,thereby giving rise to the erroneous impression that the Board waslending its support to one of the contestants." Where an election isset aside because of interference, the Board' as a general rule providesthat when it is advised by the Regional Director that circumstances aresuch as to permit a free election, it will order a new election to be held.However, where if found that the employees may have been misledby the manner in which a union's name appeared upon the ballot, theBoard set aside the election and promptly ordered another.42Since early in the administration of the Act the Board has uniformlyheld, in conformity with the rule prevailing in political elections, thata "majority" means a majority of the eligible voters participating inthe election; it has therefore certified a union even though the unionhas not received a majority of the total number of eligible votes.However, this rule is qualified by the requirement that a representativenumber of eligible employees participate. Where less than amajority of the eligibles participated but a substantial number votedand all of those eligible were given adequate opportunity to vote, theBoard certified the union receiving a majority of the votes cast.43However, where three employees were eligible to vote and only oneemployee voted and cast his ballot for the union, the Board held thatthe result was not representative and refused to certify."The Board also, through its Regional Directors, frequently conductsconsent elections on terms which have been agreed to by the employerand the unions involved. These elections are of two types: those providingfor certification of the results by the Board, and those merelyproviding for a report by the Regional Director of the results to theparties. While the Board's experience has indicated that an electionis generally the most effective and satisfactory method of resolvingrepresentation disputes in cases where the parties agree to certificationon the basis of evide nce of representation introduced into therecord or on the basis of a check of membership records or cards againstthe employer's pay roll, the Board may and does certify without conductingan election.Matter of Sears Roebuck & Company. 47 N. L. R. B. 291.41 matter of Douglas Aircraft Company (El Segundo Division), 51 N. L. R. B. 161; Matter of Certain TeedProducts Corp., 49 N. L. R. B. 360.43 Matter of Central Dispensary & Emergency Hospital, 46 N. L. R. B. 437.44 Matter of KendaU Coal Company, 41 N. L. R. B. 395.
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EIGHTH ANNUAL REPORTOF THENATIONAL
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NATIONAL LABOR RELATIONS BOARDH. A.
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Page 8 and 9: THE NATIONAL LABOR RELATIONS BOARD
Page 10 and 11: The N. L. R. B. in the War 3The War
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Page 14 and 15: The N. L. R. B. in the War 7current
Page 16 and 17: The N. L. R. B. in the War 9involvi
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Page 20 and 21: Organizational and Administrative D
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Page 24 and 25: IIIA STATISTICAL ANALYSIS OF CASES.
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Page 68 and 69: Enforcement Litigation 61all interm
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Appendix B. List of Cases Heard Dur
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Onan, D. W., & Sons.O'Neil, J. E.,
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APPENDIX CLIST OF CASES IN WHICH TH
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Appendix C. Decisions Rendered Duri
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Appendix. C. Decisions Rendered Dur
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Borg-Warner CorpBrennan, P., CoBurn
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APPENDIX DSUMMARY OF LITIGATION FOR
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Appendix D. Summary of Litigation 1
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Appendix D. Summary of Litigation.
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Appendix D. Summary-of Litigation 1
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APPENDIX ENATIONAL LABOR RELATIONS
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184 Eighth Annual Report of the Nat
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1 86 Eighth:A nnual Report of the N
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WAR LABOR DISPUTES ACT 1AN ACTRelat
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APPENDIX FThese Rules and Regulatio
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APPENDIX GREGIONAL OFFICESFirst Reg
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Appendix G. Regional Offices 239emu
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Appendix G. Regional Offices 241DIM
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Appendix G. Regional Offices 243
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Appendix G. Regional Offices 247
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LIST OF TABLESTables Appearing in T
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1943 - National Labor Relations Board

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