J. - National Labor Relations Board

80 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDA. F. of .L. Federal Union No. 21164, 31 the Board set aside an electionbecause of the activities of supervisory employees on behalf of oneof two rival unions, even though some of these supervisors weremembers of this union. The Board, pointing Out that the membershipqualifications of unions were not within its control, said : "2* * * the Act guarantees to all employees the right to choose representativesfree from interference by employers. Membership of supervisory employees ina labor organization involved in a controversy over representation cannot conferon such employees a privilege to interfere, nor can the immunity guaranteedemployees by the Act be impaired or diminished by the membership rules of anylabor organization. The employees' right to a choice free from employer interferenceis absolute. Supervisory employees, although eligible to membershipin competing labor organizations, are forbidden by the Act, in their capacityas the employer's agents, to interfere in the selection of employee bargainingrepresentatives * * *Similarly in Matter of Pacific Gas and Electric Co. and United Electricaland Radio Workers of Amer., 33 the Board set aside an electionbecause of the activities of supervisory employees, despite the factthat the supervisory employees were eligible to vote in the election.The Board said :The fact that certain supervisory employees are eligible to vote does notrelieve the employer from responsibility for the acts of such supervisory employees.In the interest of a free choice of representatives, supervisoryemployees must be "required to abstain from active participation in a contestbetween labor organizations."4. RuN-OFF ELECTIONSAs pointed out in the Third Annual Report " 4 where two or morelabor organizations claim the right to represent the employees, theBoard's direction of election, in order that the employees may befree to select or reject representatives, provides that an election shallbe held to determine whether the employees desire to be representedby any one of the labor organizations or by none of them. Byreason of this form of ballot it may happen that a small number ofvotes cast for "neither" or "no" organization deprives any organizationof a majority of the ballots cast. In such a case, in order toafford the majority an opportunity to unite upon a, common representative,if. they so .desire, the Board will direct a run-off election.When only two labor organizations are involved, if the labor organizationreceiving the greater number of votes so requests, 35 theBoard will order a run-off election to be held to determine whetheror not the employees desire to be represented by that labor organization."'Where three or more labor organizations are involved, theBoard will order successive run-off elections, eliminating from eachsuccessive election the labor organization receiving the least numberof votes in the preceding ballot until either a representative isselected by 'a majority or a majority has signified that none of thea, 8 N. L. R. B. 575, 9 N. L. R. B. 117.S2 9 N L. I? B. 117, at p. 119.sa 13 N. L R. B., No. 32.3t At p. 145.25 In Matter of Waggoner Refining Co., Inc. and Mt. ABR'n of Oil Field, Gvia Well andRefinery Workers of Amer., 8 N. L. R. B. 789, the Board refused to hold a run-off electionwhere there were but two unions in the prior election and the union obtaining the largestnumber of votes in that election stated that it did not wish to take part in a runroftelection.3° See Third Annual Report. pp. 149-150.