NOTIFYING BOARD OF RESULTS OF ELECTION Upon the completion of the election, notify the Board of the results of the election by wire or memorandum, in the usual manner. TRANSFER OF CASE TO BOARD Upon completion of the case, all of the formal papers in the case must be transmitted to the Board. These formal papers include the Petition, Order for Investigation and Hearing, Stipulation, Election Notice, Official Ballot, the various documents used in the election, Election Report, Objections and Report o Objections, if any, and any other formal documents in the case. The Regional Director's signed certificate of the authenticity of these documents must be attached. A single certificate listing all the documents is sufficient. Upon receipt of the formal papers in Washington, the case will be transferred to the Board and given a Board number in the same manner that "R" cases are now transferred to the Board upon completion of the usual hearing. 8/ N. W”. is C. F. N. L. R. B. EXHIBIT No. 453-E M-1217 To: All Regional Directors. NATIONAL LABOR RELATIONS BOARD, Subject: Use of Subpoenas Prior to Issuance of Complaints in C Cases and Notices of Hearing in R Cases. Although the Board has followed the practice for some time, the Regional offices have never generally been notified that the use of subpoenas will be authorized during the pre-hearing stages of hearings. In no case will the Board authorize use of subpoenas unless it clearly appears that the persons or data required cannot be produced without the use of subpoenas. With respect to commerce data, the Board will authorize use of subpoenas as a matter of course when it appears that the data will not be available without the use of subpoenas. With respect to all other types of data, the Board will consider each case on the merits, but the use of subpoenas will in any event be strictly limited. No subpoena should be issued prior to hearing without express authorization from this office. [s] N. W. N. L. R. B. EXHIBIT No. 453-F M-1229 NATIONAL LABOR RELATIONS BOARD, Washington, D. C., June 4, 1940. To: All Regional Directors. Subject: "Re" Cases, Showing of Representation by Labor Organizations during Investigation. M-1045 and M-1093. Some questions have arisen on the application of the instructions contained in M-1045 and M-1093, issued November 1 and December 5, 1939, on the showing of representation required to entitle a labor organization to be placed on the ballot in a consent election or to be made a party in formal proceeding. These instructions require that a labor organization must show substantial representation to be entitled to a place on the ballot in a consent election or to be made a party in the formal proceeding. The Board has decided that these instructions are not to be applied in "Re” cases. Parties to Hearing. Where it is shown in an "Re" case that the emplover has received conflicting claims from two or more labor organizations for exclusive recognition as the bargaining agency, the labor organizations involved are to be made party to any hearing which may be held in the case, even where one or both refuse to submit evidence of designation during the preliminary investigation. nsent Elections.-Further, where it is shown in an "Re" case that the employer eceived conflicting claims from two or more labor organizations for exclusive gnition as bargaining agency, the labor organizations involved are to be ed on the ballot in any consent election to which all of the parties agree, even e one or both refuse to submit evidence of designation during the preliminary stigation. m: Walter B. Chelf, Attorney, 11th Region. oject: American Can Company, Cases No. XI-C-612 and XI-R-213. In connection with the postponement requested in case No. XI-R-213, we wish advise that the reason for the postponement grew out of a charge filed against company subsequent to the date of hearing being scheduled. Following the filing of the charges, we contacted representatives of the company d of the union and worked out a settlement agreement whereby the party alleged have been discriminatorily discharged was immediately reinstated, and, in dition, an agreement for a consent election was entered into by the union and e company. Under the circumstances, the hearing scheduled on the matter has become uncessary and the charges preferred by the union have been withdrawn. The ection will be held sometime in the near future and the dase will be closed. /s/ WALTER B. CHELF. Nathan Witt N. L. R. B. EXHIBIT No. 454-B BEFORE THE NATIONAL LABOR RELATIONS BOARD, ELEVENTH REGION In the Matter of: American Can Company and Amalgamated Association of Iron, Steel & Tin Workers of N. A., Local #1699, affiliated with the C. I. O. Case No. XI-R-213 CONSENT ELECTION AGREEMENT It is hereby agreed between the American Can Company, hereinafter called the company, and Amalgamated Association of Iron, Steel & Tin Workers of N. A., Local #1699, hereinafter called the union, that: 1. An election shall be held to determine whether the eligible employees, as specified below, desire to be represented by Amalgamated Association of Iron Steel & Tin Workers of N. A., Local #1699, as their exclusive representative for purpose of collective bargaining with the company in respect to rates of pay, wages, hours of employment, and other conditions of employment. the 2. Said election shall be supervised by Robert H. Cowdrill, Regional Director for the Eleventh Region of the National Labor Relations Board, hereinafter referred to as the Regional Director, and shall be pursuant to the National Labor Relations Act, and to Rules, Regulations and Decisions, of said Board, except that the Regional Director shall be the sole and final arbiter upon objections to the conduct of this election. The election shall be conducted by an agent of the Regional Director on a date to be determined by the Regional Director. 3. All Production and Maintenance employees of the company at the Indianapolis, Indiana, Plant, and on the pay roll of October 6, 1939, shall be eligible to vote in said election, excluding supervisory and clerical employees. Any dispute concerning the eligibility of a particular employee, and challenged ballots, shall be determined by the Regional Director. 4. The company and the union shall cooperate fully with the Regional Director in the conduct of said election. The company shall furnish a certified pay roll list and other information required by the Regional Director in the conduct of said election. Employees shall not lose pay for the time spent in voting. 5. If the union receives a majority of the valid ballots cast in said election, the company agrees to recognize the union as the exclusive representative of the employees as specified above. In such event and upon request of the union, both the company and the union hereby agree to meet and bargain collectively in good faith. in respect to rates of pay, wages, hours of employment, and other conditions of employment. Signed this 19th day of October, 1939. AMERICAN CAN COMPANY, By E. E. MCKINSTRAY. AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS By CECIL E. ALLEN, Field Rep. N. L. R. B. EXHIBIT No. 454-C NATIONAL LABOR RELATIONS BOARD 11TH REGION CLOSED CASE REPORT Case No. Xi-C-612. Name of company: American Can Company. Date charge received: October 13, 1939. Date case closed: October 24, 1939. Name of union: Amalgamated Ass'n of Iron, Steel & Tin Workers of N. A. Local #1699. Affiliation: C. I. O. Strike: No. Sections of act involved: 8- (1) & (3). Number of workers involved: 160. Detailed report as to action taken to close case (if election, give results) 10 19Memo Atty. Chelf to Pratt advising that postponement of hearing in case XIR-213 grew out of new 8 (3) charge filed against the company; that complainant has been reinstated and union has requested withdrawal of charge. 10, 24Director grants request for withdrawal. ADJUSTED CASE REPORT 1. Was charge (or petition) adjusted by settlement agreement? Yes. Was settlement agreement reduced to writing? No. If so, attach copy. Did regional office participate in securing agreement between parties? Yes. 2. Was alleged company union disestablished? x. Was company's recognition of or contract with such company union rescinded? X. Jafter strike or lockout-x 3. Number of workers reinstated after discriminatory discharge: 1. Amount of back pay, $ x. Number of workers receiving back pay x. 4. Did parties enter into collective bargaining negotiations? X. If so, was a written collective bargaining agreement entered into? x. If so, attach copy If collective bargaining agreement not in writing, set forth main terms X. 5. Was notice posted? x If so, attach exact copy. How long posted? x Does notice cover Section 7 of Act? X. Section 8 (1)? x. Section 8 (2)? X. Section 8 (3)? x. Section 8 (5)? X. 6. Has company furnished proof of compliance? X. If so, attach copy. Has union furnished confirmation of compliance? x. If so, attach copy. 7. Does adjustment completely dispose of all allegations in charge? x. If not, give explanation: N. L. R. B. EXHIBIT NO. 454-D INTER-OFFICE COMMUNICATION To: Nathan Witt, Secretary. NOVEMBER 3, 1939. From: Robert H. Cowdrill, Director, 11th Region. 1939, under my supervision but conducted by James T. Dunne, Field Examiner. The results of the election are as follows: Total Number of Employees Alleged Eligible to Vote-- 158 143 Total Number of Valid Votes Cast.. 143 Total Number of Votes for the AMALGAMATED ASSOCIATION OF IRON, Steel STEEL & TIN WORKERS OF N. A., Local #1699, affiliated with the C. I. O. 88 Total Number of Votes Against the AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF N. A., Local #1699, affiliated with the C. I. O. 55 Total Number of Blank Ballots Total Number of Void Ballots.. Total Number of Challenged Ballots......... 085000 I attach for the purpose of your records the following documents: Consent Agreement, Notice of Election, Sample Ballot, Certification on Conduct of Election, and Certification on Counting and Tabulation of Ballots. R. H. C. N. L. R. B. EXHIBIT No. 454-E NATIONAL LABOR RELATIONS BOARD 11TH REGION Week ending November 4, 1939 CLOSED CASE REPORT Case No. XI-R-213. Name of company: American Can Company. Date petition received: May 4, 1939. Date case closed: November 3, 1939. Name of union: Amalgamated Association of Iron, Steel & Tin Workers of N. A., Local #1699. Affiliation: C. I. O. Strike: No. Sections of act involved: 9 (c). Number of workers involved: 160. Detailed report as to action taken to close case (if election, give results). 10 27-Field Ex. Dunne completes arrangements for consent election to be held Nov. 3rd. 10/30-Memo Donovan to Witt advising that consent agreement signed— hearing will not be held. 11/3-Consent election held. Results: Eligible voters 158; Number voted 143; valid votes 143; for union 88; against union 55. No blank void or challenged ballots. Memo Director-Witt & letter to company giving results of election and enclosing relevant papers. ADJUSTED CASE REPORT 1. Was charge (or petition) adjusted by settlement agreement? Yes. Was settlement agreement reduced to writing? Yes. If so, ATTACH COPY. Did regional office participate in securing agreement between parties? Yes. Copy of consent mailed to Board 11/3/39. 2. Was alleged company union disestablished? X Was company's recognition of or contract with such company union rescinded? X 3. Number of workers reinstated{ x Amount after discriminatory discharge of back pay, $ x Number of workers receiving back pay X 4. Did parties enter into collective bargaining negotiations? X If so, was a written collective bargaining agreement entered into? X If so, ATTACH COPY. If collective bargaining agreement not in writing, set forth main terms X 5. Was notice posted? X If so, ATTACH EXACT COPY. How long posted? Does notice cover Section 7 of Act? x Section 8 (1)? X Section 8 (2)? X Section 8 (3)? x Section 8 (5)? X X 6. Has company furnished proof of compliance? x If so, ATTACH COPY. Has union furnished confirmation of compliance? X If so, ATTACH COPY. 7. Does adjustment completely dispose of all allegations in charge? not, give explanation: x If N. L. R. B. EXHIBIT NO. 455 N. L. R. B. EXHIBIT NO. 455-A NOVEMBER 2, 1939. Re: Atlas Underwear Company Case No. XI-C-621. Representative, Textile Workers Union of America, 168 West 9th Street, Indianapolis, Indiana DEAR SIR: In reference to the charge filed under date of October 31, 1939, which alleges that the Atlas Underwear Company dominated, interfered with, and financially supported the Atlas Employees' Council, be advised that the charge has not been substantiated by any evidence to indicate the commission of the unfair labor practice alleged. It is further noted that you have failed to submit a clear and concise statement of the facts constituting the alleged unfair labor practice, as required by Rules and Regulations, Series 2, Article II, Section 4. Under the circumstances, I must, therefore, refuse to issue a complaint in this matter. Please be informed that, pursuant to the National Labor Relations Board Rules and Regulations, Series 2, Article II, Section 9, you may obtain a review of this action by filing a request therefor with the National Labor Relations Board in Washington, D. C., and by filing a copy of such request with me. This request to the Board in Washington, and the copy thereof to me, must be filed within ten (10) days of the date of this letter, and shall contain a complete statement setting forth the facts and reasons upon which the request is based. Very truly yours, cc NLRB-Washington, D. C. Air Mail ROBERT H. COWDRILL, Regional Director. N. L. R. B. EXHIBIT No. 455-B NOVEMBER 3, 1939. To: Malcolm F. Halliday, Assistant General Counsel. I have been concerned for some time on the advisability of, or the necessity of. some of our representation hearings. I feel that a large number of these hearings are unnecessary, and wish to discuss two of these cases with you at this time in an attempt to get your reaction. The Harrison Steel Castings Company, Case XI-R-220: Hearing of this case was held at Attica, Indiana (100 miles from Indianapolis), on November 2, 1939, before Trial Examiner William Barton. I presented the Board's case. The hearing only lasted approximately two hours. The following facts were stipulated: (1) Interstate commerce; (2) Unit: (3) Question of representation: (4) Federal Labor Union #21931 is a bona fide labor organization. In fact, the only question to be decided at this hearing was what pay roll date was to be used in determining the eligibility list. The union contending for the pay roll date of on or about June 6, 1939, and the company contending for a current pay roll date. On the June 6th pay roll there were 403 employees; on the current pay roll (October 28, 1939) there were 643 employees. On this question there was a strong diversity of opinion. The union claiming that the Board had delayed their petition, and that since that time the company in hiring the additional 200 men had picked men that would not join the union and, in fact, had intimated that it would be best for them not to join the union. The union, however, had no proof. It is my thought that a hearing in this case could have been avoided by each side presenting a memorandum, or a brief, setting forth the reasons they desired a certain pay roll, and all other facts could have been stipulated. I believe this would have been possible especially if each side knew the Board could not, or would not, be forced into a hearing. |