Perkin Wood Products Co.

National Labor Relations Board - Board DecisionsNov 19, 1941

36 N.L.R.B. 1129 (N.L.R.B. 1941)

In the Matter of PEKIN WOOD PRODUCTS Co. and LOCAL UNION 2930, LUMBER & SAWMILL WORKERS DIVISION OF THE UNITED BROTHERHOOD, OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED. WITH THE AMERICAN FEDERATION OF LABOR Case R-2925 SUPPLEMENTAL DECISION AND DIRECTION November 19,1941 On September 18, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding., â€¢ Pursuant to the Direction of Election, an election by secret ballot was' conducted on October 15, 1941, under the: direction and supervision of the Regional Director for the -Fifteenth Region (New Orleans, Louisiana). On October 22, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor', Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report,' copies of which were duly served upon the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list_____________________________________ 493 Total number of ballots cast _______________________________ 389 Total number of ballots challenged __________________________ 4 Total number of blank ballots______________________________ 0 Total number of allegedly void ballots ----------------------- 4 Total number of votes cast for Local 2930, Lumber & Sawmill Workers Division of the United Brotherhood of Carpenters and Joiners of America, AFL_____________________________ 193 Total number of votes cast against Local 2930, Lumber & Saw- mill Workers Division of the United Brotherhood of Carpen- ters and Joiners of America, AFL_________________________ 188 In his Election Report the Regional Director recommended that 'the allegedly void ballots be declared valid. No objections to this recommendation were filed by any of the parties. We find, upon examination of the ballots, that the intention of each of these voters 135 N. L. R. B., No. 112. 36 N. L. H. B., No. 231. 1129 1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is clearly indicated and that the ballots are valid. Adopting the designations A, B, C, and D to distinguish the respective ballots, as did the Regional Director, we find that ballots A, B, and C were cast against Local 2930, Lumber & Sawmill Workers Division of the -United Brotherhood of Carpenters and Joiners of America, AFL, and that ballot D was cast in favor of that labor organization. Since the counting of the four challenged ballots is essential to the determination of the result of the election, we must determine the validity of the challenges. In the Election Report, the Regional Director recommended that the challenges be overruled. No' objec- tions to this recommendation were filed by any of the parties. It is clear from the facts set forth in the Election Report, and we find, that Van Beachum, Henry Holder, Sr., Richard S. Standard, and Walter Anderson, the employes who cast the challenged ballots, were eligible to vote in the election. The challenges are, therefore, overruled, and the ballots are declared valid. We shall direct that the ballots 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 Relations 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Pekin Wood Products Co., West Helena, Arkansas, the Regional Director for the Fifteenth Region (New Orleans, Louisiana) shall, pursuant to said Rules and Regulations, and subject to Article III, Section 9â€¢thereof, within ten (10) days fromÂ°the date of this Direction, open and count the challenged ballots herein declared valid, and shall' thereafter prepare and cause to be served upon the parties to this proceeding a - Suppemental Election Report embodying his findings therein and his recommendations as to the result of the balloting. MR. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision and Direction. -