The National Sugar Refining Co. of New Jersey

National Labor Relations Board - Board Decisions

Nov 30, 1937

4 N.L.R.B. 276 (N.L.R.B. 1937)

In the Matter of THE NATIONAL SUGAR REFINING COMPANY OF NEW
JERSEY and INTERNATIONAL LONGSHOREMEN 'S ASSOCIATION, LOCAL
1476, SUGAR REFINERY WORKERS
Case No. R,341.-Decided November 30, 1937
Sugar Refining Industry-Consent Election : Board refuses to vacate and set
aside results of on failure of complaining union to show that election was not
fairly conducted-Petition for Investigation and Certification of Representa-
tives: upon results of prior consent election , Board finds that no controversy
concerning the representation of employees exists; petition dismissed.
Mr. Charles H. Graham, for the Board.
Mr. Giddings Howd, of New York City, for the Company.
Mr. W. E. Goldman and Mr. T. M. Kerrigan, of New York City,
for the I. L. A.
Mr. Harold I. Cammer, of New York City, for the C. I. 0.
Mr. Henry H. Foster, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On September 20, 1937, International Longshoremen's Associa-
tion, Local No. 1476, Sugar Refinery Workers, American Federation
of Labor, herein called the I. L. A., filed with the Regional Director
of the National Labor Relations Board for the Second Region (New
York City) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of The Na-
tional Sugar Refining Company of New Jersey, herein called the
Company, at its Long Island City, New York, plant, and request-
ing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. The I. L. A. further requested the National
Labor Relations Board, herein called the Board, to vacate and set
aside an election of the employees of the Company held on Septem-
ber 8, 1937, to which the Company, the I. L. A. and the Committee
for Industrial Organization, herein called the C. I. 0., had consented.
The I. L. A. also requested that a new election be held pursuant to
the rules and regulations of the Board. On September 17, 1937, the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of National Labor Relations Board Rules and Regula-
276
DECISIONS AND ORDERS 277-
tions-Series 1, as amended, ordered the Regional Director to con--
duct an investigation and provide for an appropriate hearing upon
due notice.
Pursuant to a notice of hearing, duly issued and served upon all'_
the parties, a hearing was held in New York City on September 27
and October 8, 1937, before H. R. Korey, the Trial Examiner duly
designated by the Board. At the hearing the Board, the Company,,
the I. L. A., and the C. I. O. were represented by counsel. Full'
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded to all parties.
Various motions and objections to the introduction of evidence were
made during the course of the hearing by counsel for the parties.
The Board has reviewed the rulings of the Trial Examiner on these
motions and objections and finds that no prejudicial errors were-
committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:_
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The National Sugar Refining Company of New Jersey is engaged
in the business of sugar refining. The Company owns and operates,
two plants, one located in Long Island City, New York, and the
other at Edgewater, New Jersey. We are concerned in this case only -
with the Long Island City plant.
The raw sugar refined at the Long Island City plant is grown in
Puerto Rico, Cuba, the Philippines, and Hawaii. Approximately -
sixty per cent of the refined sugar produced at the plant is sold and
shipped to points outside the State of New York. The Company
advertises through newspapers published in many of the leading -
cities throughout the United States.
II. THE ORGANIZATIONS INVOLVED
International Longshoremen's Association, Local No. 1476, Sugar
Refinery Workers, is a labor organization affiliated with the Amer-
ican Federation of Labor and accepts into membership employees of
the Company's Long Island City plant.
The Committee • for Industrial Organization is likewise a labor
organization, which accepts into membership employees of the Long -
Island City plant.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 30, 1937, an agreement was entered into be-
tween the I. L. A., the C. I. 0., the Company, and the Regional
278 NATIONAL LABOR RELATIONS BOARD
Director for the Second Region, consenting to the holding of an elec-
tion in an agreed unit of employees of the Long Island City plant.
Instructions for an election to be held on September 8, 1937, were
issued by the Regional Director and an election was conducted by an
agent of the Regional Director on that date.
Representatives of the I. L. A., the C. I. 0., and the Company were
-present during the voting and acted as tellers. At the conclusion of
-the election each of these representatives signed the Report of Tellers
certifying that the "voting, counting, and tabulation of the ballots
was fairly, impartially, and accurately done and that the secrecy of
the balloting was maintained". This Report tabulated the results
-of the election as follows :
1. Total number eligible to vote________________________________ 1, 051
2 Total number of ballots counted____________________________ 970
3. Total number of votes in favor of C. I. 0____________________ 507,
4. Total number of votes in favor of I. L. A____________________ 441
5. Total number of blank votes________________________________ 0
6. Total number of void ballots________________________________ 1
7. Total number of challenged votes--------------------------- 21
The I. L. A. contends that the results of the election should be
-vacated and set aside on the grounds that the C. I. 0. was guilty of
fraud and bribery, and that the C. I. 0. violated the clause of the
-Regional Director's instructions which provided that "no electioneer-
ing will be allowed, on the day of the election, in the plant or at or
near the place of voting".
The place of voting was a Company garage located approximately
a block and a half from the refinery proper and adjacent to several
-other buildings of the Company. No testimony was introduced show-
ing any solicitation or electioneering at the polls. The representative
of the Regional Director who conducted the election testified that the
-vote was fair and that he saw no electioneering whatsoever.
Witnesses for the I. L. A. testified in the most part to the distribu-
tion of circulars and other electioneering at substantial distances from
the polls and the plant. The testimony shows only two instances
in which it is alleged that any solicitation occurred within a hundred
feet of the polling place.' In these cases it is claimed that represent-
atives of the C. I. 0. accompanied voters to within 20 feet of the
garage where the balloting took place. Witnesses for the I. L. A.
also testified to several isolated instances of solicitation by employees
in the refinery. The C. I. 0. asserted that its representatives were'
stationed a considerable distance from the plant and the polls and
denied that any electioneering occurred at or near such places.
i Section 194, Subdivision 1, Election Law of the State of New York, and Section 764,
Subdivision 4, Penal Law of the State of New York , forbid electioneering in a polling
place or within one hundred feet of a polling place.
DECISIONS AND ORDERS 279
The alleged instances of electioneering fail to impress us as having
created any impediment to the fair conduct of the election, which
was held by secret ballot and subject to the scrutiny of interested par-
ties. Such slight irregularities, assuming them to have occurred,
should not under the circumstances here involved defeat the will of
the majority.
In support of its charges of fraud and bribery the I. L. A. intro-
duced testimony that on the day of the election an I. L. A. member
was offered an opportunity to exchange his I. L. A. membership book
for a C. I. O. book and a one dollar refund. Representatives of the
C. I. O. testified that it was the practice to offer a C. I. O. book in
exchange for an I. L. A. book but that no offers of any refund were
made. In our opinion the offer, if made, does not constitute fraud
or bribery, such as to nullify the results of the election
Since in our opinion the election was conducted in a fair and im-
partial ^ manner and a proper decorum was maintained at the polls,
the results of the election should not be vitiated. The employees of
The National Sugar Refining Company's Long Island City plant hav-
ing expressed their preference, and the wishes of the majority
having been ascertained, there remains no question concerning rep-
resentation for the Board to pass upon.
Upon the basis of the above findings of fact, and upon the 'entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
No question concerning the representation of the employees of the
Long Island plant of The National Sugar Refining Company of
New Jersey, exists within the meaning of Section 9 (c) of the
National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion
of law the National Labor Relations Board hereby dismisses the
Petition for Investigation and Certification filed by International
Longshoremen's Association, Local No. 1476, Sugar Refinery Workers.
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