Hunt Foods, Inc.

National Labor Relations Board - Board Decisions

Sep 10, 1946

70 N.L.R.B. 1312 (N.L.R.B. 1946)

In the Matter of HUNT FOODS, INC. and1 CA N NERY WAREHOUSEMEN ,
FOOD PROCESSORS , DRIVERS & HELPERS, LOCAL 670, AFL
Case No. 19-R-1747
,SUPPLEMENTAL DECISION
•ORDER .
AND
DIRECTION OF SECOND ELECTION
September 10, 1946
On July "19,1946, pursuant to the Decision and Direction of Election
issued by the Board herein on June 20, 1946,1 an election by secret ballot
was conducted under the direction and supervision of the Regional
Director of the Nineteenth Region (Seattle, Washington). Immedi-
ately thereafter a Tally of Ballots was furnished to the parties by the
Regional Director.
The Tally indicated that of the approximately 21 eligible voters, 11
cast votes, of which 6 were for Cannery Warehousemen, Food Proces-
sors , Drivers & Helpers, Local 670, AFL, herein called the Union, 3
were against the Union, and 2 ballots were challenged.
On July 23, 1946, Hunt Foods, Inc., herein called the Company, filed
Objections to conduct affecting the results of the election. On August
15, 1946, following an investigation, the Regional Director issued a
Report on Objections to the election in which he found that the objec-
tions raised no material and substantial issues. Thereafter, on August
2311946, the Company filed Exceptions to the Report.
Upon the entire record in the case, including the Objections., the Re-
port on Objections, and the exceptions thereto, the Board makes the
following :
SUPPLEMENTAL FINDINGS OF FACT
The Company contends that the election should be set aside and a
new'election conducted on the ground that insufficient notification of
the election was given to the eligible employees. The investigation
reveals that copies of the election notice were mailed to all parties
by the Regional Office on July 12, 1946, but that the envelope addressed
1 68 N. L. R. B. 800.
70 N. L R. B, No 128.
1312
HUNT FOODS, INC. 1313
to the Company, although properly directed, miscarried , and was
not received by the Company until the day following the election.
The Union contends that it notified all eligible employees of the time
and place of the election and, in support of this contention, sub-
mitted a statement, purportedly signed by certain of the eligible
voters, to the effect that they knew of the election and either voted or
exercised their prerogative of not voting. In its exceptions the Com-
pany submitted affidavits of two eligible voters whose names appeared
on the statement prepared by the Union, stating that they had not
known of the election and had not signed the afore-mentioned state-
ment.
It was further found by the Regional Director that an item ap-,
peared in the Capital Journal, the leading local newspaper, 3 days
before the election, stating that an election would be conducted on
July 19, 1946. In addition, a Board agent gave notice of the election
to two other employees who did not exercise their privilege of cast- _
ing a ballot.
In representation cases wherein an election is directed, it is our
practice to require the posting of official notices of election in con-
spicuous places thronghout a plant sufficiently in advance of the date
of the election so as formally to apprise all employees eligible to
vote of the election, and thus to ensure against disenfranchising any
of these employees. Here, such official notices were not posted, inas-
much as they were not received by the Company until after the elec-
tion. In the circumstances of this case we are not persuaded that the
item concerning the election in the local newspaper, and the notifica-
tion of some employees by the Union and the Board agent, were, by
themselves, sufficient to remedy the lack of timely posting of official
notices of election.2 Accordingly, we shall set aside the election of
July 19, 1946, and shall direct that a new election be conducted, vot-
ing eligibility to be governed by a current pay roll.
ORDER
AND
DIRECTION OF SECOND ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations. Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3; as amended,
IT IS HEREBY ORDERED that the election of July 19, 1946, conducted
among the employees of Hunt Foods, Inc., Salem, Oregon, be, and it
hereby is, set aside ; and it is hereby
2 Cf Matter of United States Gypsum Company, Case No. 13-R-3541 , issued this day,
70 N L R Ii 1822.
0
1314 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD
DnmcTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hunt Foods, Inc.,
Salem, Oregon, a second election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Nineteenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among employees in
the unit found appropriate in the Decision and Direction of Election
of June 20, 1946, who were employed during the pay-roll period
immediately preceding the date of this Direction of Second Election,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those employees who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the second election, to determine
whether or not they desire to be represented by Cannery Warehouse-
Men, Food Processors, Drivers & Helpers, Local 670, AFL, for the
purposes of collective bargaining.
MR. JAMES J. REYNOLDS, JR., took- no part in the consideration of
the above Supplemental Decision, Order, and Direction of Second
Election.
J