Knox Metal Products, Inc.

In the Matter of KNOx METAL PRODUCTS, INC., EMPLOYER and INTER- NATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS AND HELPERS OF AMERICA, AFL, PETITIONER Case No. 10-R-2573 SUPPLEMENTAL DECISION ORDER AND DIRECTION OF SECOND ELECTION November,05, 194'7 On June 30, 1947, pursuant to a Decision and Direction of Elec- tion 1 issued by the Board herein, an election by secret ballot was conducted under the direction and supervision of the Regional Di- rector for the Tenth Region, Atlanta, Georgia. Upon the conclusion of the election, a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 107 eligible voters and that 98 ballots were cast, of which 49 were for the Petitioner, 48 were against the Petitioner, and 1 was challenged. On July 7, 1947, the Petitioner and the Employer filed objections to conduct affecting the results of the election. The Petitioner, in its first and second objections, alleges in substance that certain in- dividuals whose names were on the eligibility list were not, in fact, employees of the Employer and were not, therefore, eligible to vote; and, in its third and last objection, the Petitioner alleges that an in- dividual, whose name was not on the eligibility list and who was not an employee of the Employer, should not have been permitted to vote. The Employer, in its objection, alleges that a ballot which was counted for the Petitioner should have been declared void because of an improper inscription thereon which in effect invaded the secrecy of the ballot. In accordance with the Board's Rules and Regulations, the Regional Director conducted an investigation and issued and duly served upon the parties a Report on Challenged Ballot and Objections. In ' 74 N. L R. B. 24 75 N. L. R. B., No 36. 766972-48-vol. 75-19 277 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD his Report, the Regional Director made the following recommenda- tions : (1) that the challenge to the one ballot be sustained, inasmuch as the ballot was cast by an individual who was not an employee of the Employer on the eligibility date, and who, therefore, was not eligible to vote; (2) that the Petitioner's first and second objections be overruled, inasmuch as the individuals involved were in fact employees of the Employer on the eligibility date and were, therefore, eligible to vote; 2 (3) that the Petitioner's last objection be sustained, inasmuch as the Board Agent conducting the election failed to challenge the ballot of an individual who was not an employee of the Employer on the eligibility date and whose name apparently was not on the eligibility list; 3 (4) that the Employer's only objection be sustained, thereby void- ing the marked ballot, and that it be sustained not on the ground that the inscription on the ballot invaded the secrecy of the ballot, but rather on the ground that the ballot was improperly and ambiguously marked and could not, therefore, properly be construed as a vote for the Petitioner; and (5) that the election be set aside and a new election directed.` Inasmuch as no exceptions have been filed to the Regional Director's Report, we hereby adopt his findings and recommendations therein. ORDER AND DIRECTION OF SECOND ELECTION IT IS HEREBY ORDERED that the election conducted in this matter on June 30, 1947, be, and it hereby is, vacated and set aside. IT IS HEREBY DIRECTED that as part of the investigation to ascertain representatives for the purposes of collective bargaining with Knox Metal Products, Inc., Waynesboro, Georgia, a second election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction, under the direction and supervision of the Regional Director for the Tenth Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations-Series 5, among the employees in the unit heretofore found appropriate, who were employed during the 2 The Regional Director also noted , and we find, that the Petitioner's first and second objections were in the nature of post -election challenges and as such have no merit. N. L. If B. v. A . J Tower Company, 67 S Ct 324, affirming Matter of A. J. Tower Company, 60N.L R B 1414 3 See Matter of Wayne Hale, 62 N. L R. B 1393, 1394. 4 Having sustained the challenge and having declared void a ballot previously counted for the Petitioner, a revised tally would show 48 votes for and 48 votes against the Peti- tioner. It is clear , therefore , that the subject ballot of the Petitioner 's third objection would materially affect the outcome of the election. KNOX METAL PRODUCTS, INC. 279 pay-roll period immediately preceding the date of this Second Direc- tion, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since.quit or been discharged for cause and have not been rehired or reinstated prior to the date of the second election, to determine whether or not they desire to be repre- sented by International Brotherhood of Boilermakers, Iron Ship Builders and Helpers of America , AFL, for the purposes of collective bargaining. MEMBERS MURDOCK and GRAY took no part in the consideration of the above Supplemental Decision , Order, and Direction of Second Election.