Quaker Oats Co.

National Labor Relations Board - Board DecisionsOct 18, 1940

27 N.L.R.B. 944 (N.L.R.B. 1940)

In the Matter of QUAKER OATS COMPANY and UNITED CEREAL WORKERS, LOCAL No. 633 (C. I. 0. ) Case No. R-1801 SUPPLEMENTAL DECISION AND ORDER October 18, 1940 On June 11, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election,' on July 10, 1940, an Amendment to Decision and Direction of Elec- tion and Order Overruling Motion for Reconsideration and Rehear- ing,2 and on July 31, 1940, a further Amendment to Direction of Election in the above-entitled proceedings.3 Pursuant to the Direc- tion of Election, as amended, an election by secret ballot was con- ducted in part on August 1 and in part on August 15, 1940, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). Acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, the Regional Director issued and duly served upon parties on August 17 an Election Report and on August 20 an Amendment to Election Report. As to the balloting and its results, the Regional Director reported as follows : Total number of employees eligible-------------------------- 413 Total number of ballots cast--------------------------------- 419 Total number of votes for United Cereal Workers, Local No. 633 (CIO) ----------------------------------------------- 158 Total number of votes against United Cereal Workers, Local No. 633 (CIO) -------------------------------------------- 223 Total number of blank ballots------------------------------- 0 Total'number of void ballots-------------------------------- 0 Total number of challenged votes--------------------------- 38 1 24 N. L R. B. 589. 2 25 N. L. R. B. 275 325 N L. R. B. 277. 27 N. L. R. B., No. 157. 944 QUAKER OATS COMPANY 945 On August 21, 1940, United Cereal Workers Local No. 633, C. 1. 0., herein called the Union, filed its Objections to the conduct of the ballot and to the Election Report, wherein, it protested the conduct of the election and the results thereof on the ground that by certain alleged acts of coercion and intimidation, therein set forth, Quaker Oats Company, the employer in these proceedings herein called the Company, unlawfully interfered with the right of those entitled to vote in the 'election to freely choose a collective bargaining representative. On September 28, 1940, the Regional Director issued a Report on Objections, and on October 1, 1940, an Amendment to Report on Ob- jections, copies of each of which were duly served on the parties, wherein he reported, in substance, that the allegations of employer interference contained in the Objections had been investigated by agents, of the Board and were found either to be unsupported by evi- dence or to raise no material or substantial issues relative to the con- duct of the ballot. We have examined the Objections and are of the opinion that they and the showing in support thereof are insufficient to warrant a reasonable belief as to the probability of unlawful inter- ference with the election on the part of the Company. As above men- tioned the Regional Director's investigation has disclosed nothing further which would variant such a belief. The possibility of a denial of freedom to choose a collective bargaining agency in an elec- tion had, should appear reasonably certain before a hearing upon objections to an election be directed.4 We hereby overrule the Objections to the conduct of the ballot and to the Election, Report, and affirm the rulings, findings, and recom- mendations of the Regional Director in his Election Report, as amended, and Report on Objections, as amended. The results of the election show that no collective bargaining repre- sentative has been selected by a majority of employees in the unit heretofore found herein to be appropriate. The petition for investi- gation and certification of representatives of employees of Quaker Oats Company, Akron, Ohio, herein, will, therefore, be dismissed. Nothing herein, however, shall be construed to prejudice the right of the Union at any time hereafter to file or have considered by the Board another petition for investigation and certification of representatives. 4 Matter of 'General Motors Sales Corporation and Enter prise Association of Steam, Hot Water, Hydraulic, Piping, Sprinkler, Pneumatic Tube , Ice Machine, Air Conditioning, and General Pipe fitters of New York and Vicinity, Local No. 638, United Association of Journey- men, Plumbers and Steam fitters of the United States and Canada , affiliated with the American Federation of Labora, Branch C, 25 N L R B. 92; Matter of Farnsworth Television it Radio Corporation and International Brotherhood of Electrical Workers, Local #B 1160, affiliated with the A F of L, 26 N L R. B 85 323428-42-vcl 27-61 946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 2, as amended, it is hereby ORDERED that the petition for investigation and certification of rep- resentatives of employees of Quaker Oats Company, Akron, Ohio, filed herein by United Cereal Workers, Local No. 633 (C. I. 0.), be, and it hereby is dismissed.