F. W. Woolworth Co.

National Labor Relations Board - Board Decisions

Sep 20, 1949

86 N.L.R.B. 36 (N.L.R.B. 1949)

In the Matter of F. W. WOOLWORTH COMPANY, EMPLOYER and RETAIL
CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER
Case No. 9-RC-403
SUPPLEMENTAL DECISION AND ORDER DIRECTING
HEARING ON OBJECTIONS TO ELECTION
September 20, 1,949
. Pursuant to a Decision and Direction of Election in the above-
entitled case, issued May 8, 1949,1 an election by secret ballot was held
on June 7, 1949, at Cincinnati, Ohio, under the direction and super-
Sion of the Regional Director for the Ninth Region.
At the close of the election, the parties were furnished with a
Tally of-Ballots which indicates that there were 28 eligible voters and
that 26 votes were cast, of which 8 were for'the Petitioner, 15 against
the Petitioner, and 3 challenged.
On June 10, 1949, the Petitioner filed timely objections to conduct
affecting the results of the election wherein it alleged that: (1) some
of the 14 part-time employees whose names appeared on the eligibility
list and who cast ballots in the election were casual employees and
hence ineligible to vote; (2) that representatives of the Employer
escorted part-time employees into the office where they were coerced
into voting against the Petitioner; and (3) the store manager and
assistant store manager generally engaged in coercing employees in
order to compel them to vote against the Petitioner.
On August 26, 1949, following an investigation, the Regional Di-
rector issued and duly served upon the parties his Report on Objec-
tions wherein he recommended that the objections as contained in the
allegations numbered 1 and 2, above, be dismissed. With respect to
allegation 1, he stated that inasmuch as the Decision and Direction
of Election of the Board stated that all regular part-time employees
were eligible to participate in the election, and as the Petitioner did not
challenge the ballots of any of the part-time employees, there was no
merit to the post election charge that they were ineligible voters.
In connection with allegation 2, the Regional Director stated that no
183 N. L. R. B. 439. Pursuant to the provisions of Section 3 (b) of the National
Labor Relations Act, the Board has delegated its powers in connection with this case to a
three-member panel [Members Houston, Reynolds, and Murdock].
86 N. L. R. B., No. 9.
36
F. W. WOOLWORTH COMPANY 37
evidence supporting this contention was disclosed by his investigation.
He further found that allegation 3, and the investigation conducted
thereunder, raised substantial and material factual issues regarding
the results of the election and recommended that a hearing be held
on those issues.
Thereafter, on August 31, 1949, the Employer filed an Exception to
the Report on Objections in which it alleged that it had not been served
with copies of the Petitioner's objections in conformance with Section
203.61 of the Board's Rules and Regulations, and that the objections
and the petition herein should therefore be dismissed. The Employer
did not take exception to the factual findings of the Regional Director
insofar as they pertained to the allegations contained in the objec-
tions. Furthermore, the Employer admits receipt of a copy of the
Petitioner's letter addressed to the Regional Director and stating its
objections to the election. However, the Employer contends that
proper service had not been made because the copy sent to it did not
also contain copies of three notarized statements, the originals of
which were submitted to the Regional Director as attachments to the
Petitioner's letter of objection. We find no merit in this exception.
The Employer was properly advised of the substance of Petitioner's
objections and no showing of prejudice resulting from the failure to
enclose statements sent to the Regional Director to facilitate his inves-
tigation, was made. Moreover, we have previously held that the fact
that an employer does not receive a copy of objections to an election,
in the absence of other factors, is immaterial.2
As no valid exceptions to the Regional Director's Report on Objec-
tions have been filed by either of the parties, we hereby adopt the find-
ings and recommendations made by the Regional Director in his report.
Accordingly, we shall dismiss the objections as contained in allega-
tions 1 and 2 and shall direct that a hearing be held on the factual
issues regarding the results of the election which are raised by allega-
tion 3, above.
ORDER DIRECTING HEARING ON OBJECTIONS TO THE
ELECTION
IT IS HEREBY ORDERED that a hearing be held on the aforesaid objec-
tion, and,
IT Is FURTHER ORDERED that the above-entitled proceeding be, and it
hereby is, remanded to said Regional Director for the purpose of con-
ducting such hearing, and that the Regional Director be, and he hereby
is, authorized to issue notice thereof.
' See Matter of Minnesota Mining & Manufacturing Company, 81 N. L. R. B. 557.
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