Elk Tanning Co.

National Labor Relations Board - Board Decisions

Oct 23, 1940

27 N.L.R.B. 1080 (N.L.R.B. 1940)

In the Matter of ELK TANNING COMPANY and INTERNATIONAL FUR
AND LEATHER WORKERS' UNION, AFTILIATED WITH C. I. O.
Case No. R-1941
SUPPLEMENTAL DECISION
AND
DIRECTION
October 23, 1940
On August 19, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on August 31, 1940, under
the direction and supervision of the Regional Director for, the Sixth
Region (Pittsburgh, Pennsylvania). On September 6, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of
.National Labor Relations Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties an Election
Report.
As to the balloting and its results, the Regional Director reported
as follows:
Total on eligibility list__________________________________210,
Total ballots cast___________________________________________ 209
Total ballots challenged_____________________________________ 4
Total blank ballots ----------------------------------------- 0
Total void ballots__________________________________________ 0
Total valid votes cast______________________________________ 205
Votes cast for International Fur and Leather Workers' Union,
affiliated with the C I 0________________________________ 102
Votes cast for Tannery Workers' Union___---------- ------------ 101
Votes cast for neither--- ------------------------------------ 2
The Regional Director recommended in his Election Report that
the challenges be overruled.
On September 14, 1940, the International filed an objection to the
Election Report in respect to the recommendation of the Regional
Director that the challenges be overruled. No affidavits were filed
1 26 N. L R. B. 740.
27 N. L. R. B., No. 173.
1080
ELK TANNING COMPANY 1081
in support thereof. By letter dated September 11, 1940, the T. W. U.,
while reserving the right to make objections at some later time, stated
no specific objections to the Election Report. On- October 12, 1940,
the Regional Director issued and duly served on the parties a Report
on Objections.
Upon the entire record we agree with the Regional Director that
the challenges should be overruled. Since the results of the elec-
tion may be affected by the counting of the four challenged ballots
hereby declared valid, we shall direct that they be counted.
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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.
DIRECTED that, as part of the investigation directed by the Board
to.ascertain representatives for the purposes of collective bargaining
with Elk Tanning Company, Ridgeway, Pennsylvania, the Regional
Director for the Sixth Region (Pittsburgh, Pennsylvania) shall, pur-
suant to the Rules and Regulations of the Board, set forth above, and
subject to Article III, Section 9, of said Rules and Regulations,
within ten (10) days from the date of this Direction open and count'
the four challenged ballots and shall thereafter prepare and cause
to be served upon the parties in this case a Supplemental Election
Report embodying his findings- therein and his recommendations as
to the results of the secret ballot.
4