American Granite Finishing Co.

National Labor Relations Board - Board Decisions

Dec 20, 1940

28 N.L.R.B. 739 (N.L.R.B. 1940)

In the Matter of AMERICAN GRANITE FINISHING COMPANY and INTER-
NATIONAL UNION OF OPERA'DING ENGINEERS
Case No. R-.084
SUPPLEMENTAL DECISION
AND
ORDER •
December 20, 1940
On October 22, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled and other proceedings,' wherein the Board, among
other things, directed that an election by secret ballot be conducted
among all production employees of American Granite Finishing
Company, Elberton, Georgia, a party to these proceedings, herein
called the Company, excluding' employees eligible to membership in
the Granite Cutters' Union and employees who are engaged in, a
supervisory of clerical capacity, to determine whether or not they
desired to be represented by International Union of Operating
Engineers, a party to these proceedings, herein called the Union,
for the purposes of collective bargaining;. Pursuant to the Direction
of Elections, an election by secret ballot was conducted on November
20 under the direction and supervision of the Regional Director
for the Tenth Region (Atlanta, Georgia). On November 23 the
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly served upon the parties an Election
Report. Therein he reported that the election was conducted in
conformity with the Direction of Elections and that full oppor-
tunity was accorded to all parties to participate therein and to
make challenges; and certified that the election was fairly and im-
partially conducted, that the ballots cast were duly and fairly
counted under his supervision, and that statements to this effect
127 N: L. R. B. 1016
28,N. L . R. B, No. 110
739
413597-42-vo1 2S 4S
740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
signed by the tellers have been filed with him. As to the balloting
and its results, the Regional Director reported as follows :
Total number eligible-------------------------------------- 18
-Total ballots, cast-, ----------------------------------------- 18
Total number ballots cast for International Union of Operat-
ing Engineers-------------------------------------------- 9
Total number ballots cast against International Union of
Operating Engineers------------------------------------- 9
Total number challenged ballots---------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of blank ballots------------------------------ 0
On November 29 the Union filed with the Regional Director its.
Objections to the conduct of the ballot and the Election Report.
Therein it 'objected to the results of the balloting as reported by
the Regional Director on the ground that two named persons who
were listed as eligible voters and who cast their ballots allegedly
against the Union were, for reasons set forth, clerical employees,
within the meaning of the Direction of Elections, and therefore
.were not eligible to participate in the election; and requested that
said Objections be considered and investigated and that the Elec-
tion Report be modified upon the basis thereof. On 'December 3
the Regional Director issued a Report on Objections, copies of which
were duly served upon the parties, stating that he investigated the
matters alleged in the Objections and setting forth the following
findings ascertained as a result of his investigation : The representa-
tive of the Union who acted as an observer at the election had access
to the list of eligible voters and was instructed by the representa-
tives-of the Board who conducted the election that he had the
right to challenge the ballot of any employee named thereon whom
he believed was ineligible-to vote. Although said observer was
present 'when the two allegedly ineligible voters cast their ballots,
he neither challenged their ballots nor objected to the inclusion of
their names in the list of eligible voters. After the balloting was
concluded he certified that the election was fairly and impartially
conducted and that the ballots cast were duly and fairly counted.
He made no objection regarding the eligibility to vote of the two
employees mentioned above.
We are of the opinion that under the circumstances set forth
the Union has waived its right to oppose the election results upon
the basis here urged. The Objections are overruled and the request
that the Election Report be modified is hereby denied. The results
of the election show that no statutory representative has been se-
lected, and, accordingly, the petition and amended petition of the
Union for investigation and certification of representatives of em-
AMERICAN GRANITE FINISHING COMPANY 741
ployees of American Granite Finishing Company, Elberton, Georgia,
will be dismissed. However, such dismissal shall not be construed
as precluding the Union from filing at any time hereafter a petition
for investigation and certification of representatives within the
bargaining unit heretofore found herein to be appropriate, or within
any other appropriate collective bargaining unit, provided that the
Union submits to the Regional Director a showing of designation
of itself as exclusive bargaining agency by a substantial number
of the employees' in such unit.
By virtue of Section 9 (c) of the National Labor Relations
Act, 49' Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY ORDERED that the petition and amended petition
for investigation and certification of representatives of employees
of American' Granite Finishing Company, Elberton, Georgia, filed
by International Union of Operating Engineers be, and the same
hereby are, dismissed.
CHAIRMAN HARRY A. Minis took no part in the consideration`-of
the^abov'e Supplemental Decision and Order.