Martin Food Products, Inc.

In the MATTER of MARTIN FOOD PRODUCTS, INC., and WAREHOUSE AND DISTRIBUTION WORKERS , UNION, LOCAL 208, I. L. W. U. (C. I. O.), t Case No. B-4{909 SUPPLEMENTAL DECISION - ORDER AND DIRECTION May 5, 19.3 On March 11, 1943,,tbe National Labor,Re'lations Board issued Decision' and Direction of Election iii the above-entitled proceeding.} Pursuant to the Direction of Election, an election by secret ballot was conducted on March 25, 1943,• under the direction and supervision"-of the Regional Director for the Thirteenth Region (Chicago, Illinois) On March 31, 1943, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regu- lations, Series 2, as amended, issued and duly served upon the parties his Election Report. As to the balloting and its results, the Regional Director reported as follows : Total number of ballots cast----------- --------------------- X86 Total number of challenged ballots--------------------------- 2 Total void ballots------------------------------------------- 0 Total valid votes counted------------------------------------ 84 Votes cast for Warehouse and Distribution Workers Union, Local 208, I. L. W. U. (C. I. 0.) --------------------------- ,42 Votes cast against Warehouse and Distribution Workers Union, Local 208, I. L. W. U. (C. I. 0.) ---------------------------- 42 In- his Election Report, the Regional Director recommended that the challenge to the ballot of Dorothy Blue, made by the Company, and the challenge to the ballot of William Meyer, Jr., made by an agent of the Board, should be overruled. Thereafter, the Union filed Objections to Report of Election, con- tending that the Company had engaged in electioneering and anti- 148N L R.B 19. 49 N. L. R. B., No 61. 464 MARTIN FOOD PRODUCTS, INC. 465 union activities on the day prior to and the day of the election in the present proceeding and that by reason thereof the said election did not reflect the free choice of the employees eligible to vote therein. The Company filed an answer denying the allegations contained in the Objections filed by the Union. On April 21, 1943, the Regional Direc- tor issued and duly served upon the parties his Report on Objections to Election Report, wherein among other recommendations, he again recommended that the challenges- be overruled. Since neither the Objections filed by the Union nor the Answer filed by the Company 'raises any objections to the recommendation with respect to the chal- lenges referred to, we shall defer passing upon the Objections until after the challenged ballots, which we find below are valid, have been counted. ' The ballot of Dorothy Blue was challenged by the Company upon the ground (1) that she did not appear on the list of eligible voters as prepared by the Company and (2) that she did not work during the week ending March 6, 1943, the pay-roll period immediately pre- ceding the date of Decision and Direction of Election. In his Election Report the Regional Director reported that an investigation discloses that the absence of Dorothy Blue from work during the week ending March 6, 1943, was due both to her illness and a temporary disciplinary lay-off on the part of the Company. We find that Dorothy Blue was eligible to vote. Accordingly, we sustain the recommendation of the Regional Director and shall direct that her ballot be counted. The ballot of William Meyer, Jr., was challenged by an agent of the Board upon the ground that the Board had specifically included him among certain employees listed in footnote 3 of the Decision as being supervisory employees. The record discloses that William Meyer, Jr., is' a production employee without supervisory duties and that his inclusion among the employees found by the Board to be supervisors was inadvertent due to the similarity between his name and that of his father, William Meyer, Sr., a supervisor who properly was excluded. Since William Meyer, Jr., was inadvertently excluded from the appropriate unit, we shall amend the Decision and Direction of Election by deleting his name from footnote 3 of the Decision and shall further direct that his ballot be counted. ORDER It is hereby ordered that the Decision and Direction of Election be, and the same hereby is, amended by striking from footnote 3, page 3 of the Decision, the name of William Meyer, Jr. And it is further ordered that the Decision and Direction of Election, as printed, shall appear as hereby amended. 466 DEIOISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c)a of the National Labor Relations Act, and pursuant to Article III, Sections 0 and 10, of National Labor Re- lations 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 Martin Food Products, Inc., Lhicago, Illinois, the Regional Director for the Thirteenth Region shall, pursuant to the said Rules and Regulations and subject to Article-III; Section 10, of said Rules and Regulations, within ten (10), days from'the date of this Direction, open and count the challenged ballots of Dorothy Blue and William Meyer, Jr., and shall thereafter preparejand cause to be served upon the parties a Supplemental Election Report embodying his findings therein and his recommendations as to the result of the secret ballot. DIR. JOHN M. HOUSTON took no part in the above Supplemental De- cision,.Order and Direction. r16 I I