Tube Distributors Co., Inc.

National Labor Relations Board - Board Decisions

Jul 28, 1955

113 N.L.R.B. 381 (N.L.R.B. 1955)

TUBE DISTRIBUTORS CO., INC. 381
Tube Distributors Co., Inc. and Local 810, Steel , Metals, Alloys
& Hardware , Fabricators & Warehousemen, International
Brotherhood of Teamsters , Chauffeurs, Warehousemen and
Helpers of America, AFL , Petitioner . Case No. 2-RC-6152.
July !?8,1955
SECOND SUPPLEMENTAL DECISION, ORDER, AND
DIRECTION OF SECOND ELECTION
Pursuant to a Decision and Direction of Election dated December
18, 1953,1 amended on January 12, 1954, and further amended on No-
vember 1 , 1954, an election by secret ballot was conducted on November
30, 1954, under the direction and supervision of the Regional Director
for the Second Region . At the conclusion of the election , the parties
were furnished with a tally of ballots which showed that , of approxi-
mately 39 eligible voters, 37 cast ballots , of which 16 were for the
Petitioner , 12 were cast for Amalgamated Union , Local 649, UAW-
AFL, Intervenor herein , and 9 were challenged.
As the challenged ballots were sufficient in number to affect the re-
sults of the election , the Regional Director, pursuant to the Board's
Rules and Regulations , conducted an investigation and, on December
28, 1954, issued and served upon the parties his report on objections
and challenges . The Petitioner filed exceptions to the Regional
Director 's report.
On April 20, 1955, the Board issued a Supplemental Decision and
Direction ,' in which it directed that the Regional Director open and
count seven of the challenged ballots. On June 8, 1955 , the Regional
Director issued, and duly served upon the parties , a report on supple-
mental decision and direction to count challenged ballots, in which he
stated that the seven challenged ballots which the Board directed to be
opened cannot be found. In view of this circumstance, the Regional
Director recommended that the Board order a new election to be held
among the eligible employees in the unit heretofore found to be ap-
propriate . The Intervenor , in its exceptions to the Regional Director's
report, contends that ordering a new election for the entire unit would
be "contrary to- the Act" and it would be reasonable to permit only
the seven employees whose ballots were not opened to vote again. We
find no merit in these contentions.
The Board is responsible for assuring properly conducted elections
and its role in the conduct of elections must not be open to question.
In view of the irregularity involved herein , and as the lost ballots were
sufficient in number to affect the outcome of the election, we shall, in
'Tube Distributors Co, Inc, 2-RC-6152, December 18, 1953, not reported in printed
volumes of Boaid Decisions and Orders.
2 Tube Distributors Co, Inc, 112 NLRB 296.
113 NLRB No. 39.
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the interest of maintaining our standards, set the election aside and
direct that a new election be conducted among the employees in the
unit heretofore found appropriate.'
[The Board set aside the election held on November 30, 1954.]
[Text of Direction of Second Election omitted from publication.]
3 New York Telephone Co., 109 NLRB 788. See National Truck Rental Company, Inc.,
108 NLRB 1349; Active Sportswear Co., Inc, 104 NLRB 1057.
The Rath Packing Company and United Packinghouse Workers
of America, CIO, Petitioner . Case No. 16-RC-1591. July 28,
1955
SUPPLEMENTAL DECISION, DIRECTION, AND ORDER
Pursuant to a Decision and Direction of Election dated February
15, 1955,1 an election by secret ballot was conducted on March 3, 1955,
under the direction and supervision of the Regional Director for the
Sixteenth Region. At the conclusion of the election, the parties were
furnished with a tally of ballots which shows that, of approximately
50 eligible voters, 48 cast ballots, of which 24 were for the Petitioner,
23 were cast for no union, and 1 ballot was challenged. The chal-
lenged ballot was sufficient to affect the results of the election.
On March 9, 1955, the Petitioner filed timely objections to conduct
affecting the results of the election. In accordance with the Rules
and Regulations of the Board, the Regional Director conducted an
investigation and, on April 20, 1955, issued and served upon the
parties his report on challenged ballots and objections. On April 29,
1955, the Employer filed exceptions to the Regional Director's report.
Upon the basis of the entire record in this case, the Board makes
the following :
FINDINGS OF FACT
In his report, the Regional Director recommended that the chal-
lenge to the ballot of Glen Stoddard be overruled and that his ballot
should be opened and counted. As no exceptions to the Regional
Director's report have been filed with respect to the foregoing chal-
lenged ballot, we hereby adopt the Regional Director's recom-
mendation.
As to the objections, the Regional Director found, in pertinent part,
that about 2 weeks prior to the election the Petitioner's field repre-
sentative was directed by Rodney Slight, plant superintendent, to
The Rath Packing Company, 16-RC-1591 , February 15, 1955, not reported in printed
volumes of Board Decisions and Orders.
113 NLRB No. 44.