Paragon Rubber Co.

National Labor Relations Board - Board Decisions

Jul 29, 1938

8 N.L.R.B. 690 (N.L.R.B. 1938)

In the Matter Of PARAGON RUBBER CO.-AMERICAN CHARACTER' DOLL
COMPANY and Toy &, NOVELTY WORKERS ORGANIZING COMDIITTEE OF
THE C. I. O.
Case No. R-571
SECOND AMENDMENT TO SECOND DIRECTION OF,
ELECTION
July 09, 1938
On March 17, 1938, the National Labor Relations Board, herein
called the Board, Issued a Decision and Direction of Election in the
above-entitled case.' "The Direction of. Election provided that an elec-
tion by secret ballot be held within fifteen (15) days among all the
production aid maintenance employees -of the Paragon 'Rubber Cor-
poration and American Character Doll Co., Inc., during the pay-roll
period ending October 16, 1937,,, excepting certain employees as set
forth therein, to determine whether or not they desired to be repre-
sented by United Toy and Novelty Workers Local Industrial Union
No. 643 for the purposes-of collective bargaining. ,
Pursuant to this Direction, an election was held on March 29,, 1938.
On June 16, 1938, the Board issued a Supplemental Decision"' and
Second Direction of Election 2 declaring the election null and void and
ordering that a new election be held'within fifteen (15) days. On
June 30, 1938, 'an Amendment to Supplemental Decision and Second
Direction of Election 3 was issued postponing the election indefinitely
pending an investigation and a determination by the Board as to
whether or not a free choice of representatives is possible at this time
among the employees of the companies.
The Regional Director for the First Region having at the request of
the Board investigated this matter and having informed the Board
that a free choice of representatives is now possible, the Board hereby
amends the Second, Direction of Election, as amended, by striking
therefrom the words' "at such time as the Board in the future niay
direct" and substituting therefor the words "within twenty'_ (20)''days
from July 29, 1938." ,
16 N. L . R. B. 23.
2 7 N L. R B. 965
8 7 N. L R . B. 967.
8 N. L. R . B., No. 74.
690
DECISIONS AND ORDERS
SAME TITLE ]
SUPPLEMENTAL DECISION
AND
ORDER
691
September 28, 1938
On March 17, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case. The Direction of Election provided that an
election by secret ballot be held within fifteen (15) days among all
the production and maintenance employees of the Paragon Rubber
Corporation and American Character Doll Co., Inc., during the pay-
roll period ending October 16, 1937, excepting certain employees as
set forth therein, to determine whether or not they desired to
be represented by United Toy and Novelty Workers Local Indus-
trial Union No. 643 for the purposes of collective bargaining.
Pursuant to this Direction, an election was held on March 29, 1938.
On June 16, 1938, the Board issued a Supplemental Decision and
Second Direction of Election declaring the election null and void
for reasons therein stated and directing that a new election be held
within fifteen (15) days among all the production and maintenance
employees of Paragon Rubber Corporation and American Character
Doll Co., Inc., during the pay-roll period ending October 16, 1937,
excluding supervisory employees, executive employees, clerical em-
ployees, salesmen, foremen and foreladies, assistant foremen and
foreladies, truck drivers, engineers, firemen, machine shop employees,
and porters, and exclusive of those who have since quit or been
discharged for cause between that period and the date of election,
to determine whether or not they desire to be represented by United
Toy and Novelty Workers Local Industrial Union No. 643 for the
purposes of collective bargaining.
On June 30, 1938, an Amendment to Supplemental Decision and
Second Direction of Election was issued postponing the election
indefinitely pending an investigation and a determination by the
Board as to whether or not a free choice of representatives was
possible at the time among the employees of the companies.
On July 29, 1938, the Board, having been informed by the Regional
Director for the First Region that an investigation had been made
and that a free choice of representatives was possible among the
employees of the companies, issued a Second Amendment to Second
17 N. L R B. 965.
117213-39-vol 8-45
692 NATIONAL LABOR RELATIONS BOARD
Direction of Election directing that an election be held within
twenty (20) days from July 29, 1938.
Pursuant to this direction, an election by secret ballot was con-
ducted on August 17, 1938, under the direction and supervision of
the Regional Director for the First Region (Boston, Massachusetts).
Full opportunity to participate in the conduct of the ballot and to
make challenges was accorded all parties. On August 24, 1938, the
said Regional Director, acting pursuant to Article III, Section 9,
of National Labor ,Relations Board Rules and Regulations-Series
1, as amended, issued and duly served upon the parties his Inter-
mediate Report on the ballot.
As to the balloting and its results, the Regional Director reported
the following :
Number of employees eligible to vote________________________ 160
Total number of ballots cast_______________________________ 115
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 1
Total number of ballots cast for United Toy and Novelty
Workers Local Industrial Union No. 643, C. I. O---------- 39
Total number of ballots cast against United Toy and Novelty
Workers Local Industrial Union No. 643, C. I. O__________ 56
Total number of challenged ballots_________________________ 19
(ruled ineligible and not opened)
On August 29, 1938, the Union filed with the Regional Director
and with the Board its objections to the Intermediate Report and
requested that the'election be set aside on the grounds inter alia (1)
that the Regional Director had erred in sustaining the 19 challenges;
(2) that the Union had been prejudiced by the manner in which
the representative of the Board who conducted the election had
questioned those employees challenged by the companies; (3) that
the companies had interfered with a free choice of representatives
by inducing a former union president to campaign against the Union
and by discriminating against union members in rehiring workers
after the dull season.
During the usual summer seasonal lay-off the companies had sent
communications regarding reemployment to 17 of the 19 challenged
voters who had been included in the seasonal lay-off. These 17 had
failed to answer such communications from the companies and/or
stated upon presenting themselves at the polling place that they did
not wish to go back to work. The two other persons challenged
iyere not on the original list of those employed during the pay-roll
period ending October 16, 1937. The Regional Director sustained
these 19 challenges, and his ruling is hereby affirmed. The Union's
objection to the conduct of the Regional Director's agent who con-
ducted the election is predicated upon the fact that he asked the .19
DECISIONS AND ORDERS 693
voters who were challenged, "Would you return to work when and
if called?" We see no impropriety in this question. The Regional
Director's agent was merely using a reasonable method to ascertain
whether the challenged voters were among those eligible to vote
under the terms of the Board's Direction or were to be regarded as
ineligible as having quit. With respect to the alleged company inter-
ference, the Union made no sufficient showing in support of its asser-
tion to raise a material or substantial issue concerning the conduct
of the ballot. We find the objections to be without merit, and the
Union's request that the election be set aside is hereby denied.
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees in the
appropriate unit. The petition for investigation and certification
of representatives of employees of the companies will therefore be
dismissed.
ORDER
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 1, as amended.
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Paragon Rubber Corporation
and American Character Doll Co., Inc., Easthampton, Massachusetts,
filed by United Toy and Novelty Workers Local Industrial Union
No. 643, be, and it hereby is, dismissed.
MR. DONALD WAKEFIELD SMITH took no part in the consideration of
the above Supplemental Decision and Order.
8 N. L. R. B., No. 74a.