Palmetto Cotton Mills, Inc.

National Labor Relations Board - Board DecisionsAug 20, 1945

63 N.L.R.B. 421 (N.L.R.B. 1945)

In the Matter Of PALMETTO COTTON MILLS, INC. and TEXTILE WORKERS UNION Or AMERICA, CIO Case No.10-P 1528.Decided August 20,19415 DECISION AND DIRECTION Pursuant to a Stipulation for Certification Upon Consent Election executed on July 11, 1945, by Textile Workers Union of America, CIO, herein called the Union, and Palmetto Cotton Mills, Inc., herein called the Company, and approved by a representative of the Board, an elec- tion by secret ballot was held on July 20, 1945, under the direction and supervision of the Regional Director for the Tenth Region (At- lanta, Georgia), among the employees in the stipulated unit. Upon the conclusion of the election, a tally of ballots was furnished the parties in accordance with the Rules and Regulations of the Board. The tally indicates that of the 291 eligibles in the voting group; 235 cast valid votes, of which 117 were cast for the Union and 118 were cast against the Union. In addition, 8 ballots were challenged and 1 was declared void. No objections were filed to the conduct of the election. Pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations, the Regional Director investigated the challenged ballots, issued and duly served upon the parties copies of the Report on Challenged Ballots, in which he found that Charles M. Morris, Reid Boynton, Noah Boynton, Richard Jenkins, and Jim I. Webb, Jr., were eligible to vote and that Paul Tolbert, Benjamin R. Lasseter and Millard Farr were ineligible to vote. Thereafter, the Company filed exceptions to the Regional Director's Report on Ob- jections only insofar as it affected the ballots cast by Paul Tolbert, Benjamin R. Lasseter and Millard Farr; it also took issue with that portion of his report which declared that 1 void ballot was cast at the election. The Company pointed out that the "void ballot" was originally marked for the Union but that this mark was erased and a mark against the Union was substituted. We find, on the basis of the facts 63 N. L. R B., No. 62 421 422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD asserted by the Company, that the ballot was mutilated. Accordingly, we shall overrule this objection . The ballot will not be counted. With respect to the Regional Director's rulings as to the five chal- lenged ballots to which no exceptions were taken by either of the parties, we conclude and find, for reasons indicated by the Regional Director in his report, that the employees so challenged are eligible to vote in the election. Accordingly , we shall overrule the challenges to â€¢ the ballots of Charles W . Morris, Reid Boynton, Noah Boynton, Rich- ard Jenkins , and Jim I. Webb, Jr. Because the results of the elec- tion may be determined by the counting of the five challenged ballots, we shall direct that they be opened and counted . If after counting the challenged ballots declared valid, the results of the election are no conclusive , we shall take action with respect to the remaining employees whose ballots were challenged , and whose status is not herein determined. DIRECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining With Palmetto Cotton Mills, Inc., Palmetto, Georgia, the Regional Director for the Tenth Region shall, pursuant to the Rules and Regu- lations of the Board , set forth above, and subject to Article III, Section 10, of said Rules and Regulations , within ten ( 10) days from the date of this Direction , open and count the ballots of Charles M. Morris, Reid Boynton, Noah Boynton, Richard Jenkins, ' and Jim I. Webb, Jr., and thereafter prepare and cause to be served upon the parties in this proceeding a Supplemental Election Report, embodying therein his findings and his recommendations as to the results of the balloting. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction.