E. I. Dupont de Nemours and Co.

In the &attel'^O* . 4. DUPONT'DE"NEMOURS AND- COMPANY, EMPLOYER and THEODORE JERZEWSKI, PETITIONEIt and UNITED ASSOCIATION OF JOURNEYMEN & APPRENTICES OF THE PLUMBING & PIPE FITTING INDUSTRY OF THE U. S. & CANADA, LEADRURNERS LOCAL 6W, A. F. OF L., UN Iox Case No. 3-RD-9 SUPPLEMENTAL DECISION AND DIRECTION August 31, 1948 Pursuant to a Decision and Direction of Election, a decertification election by secret ballot was held on June 22, 1948, under the direction and supervision of the Regional Director for the Third Region, among the employees of the Employer in the unit found appropriate. At the close of the election the parties were furnished a Tally of Ballots. The Tally shows that there were approximately 17 eligible voters and that 17 ballots were cast, of which 7 were for the Union, 8 against the Union, and 2 were challenged. As the challenged ballots were sufficient in number to affect the re- sults of the election, the Regional Director investigated the challenges, and on July 16, 1948, issued and duly served upon the parties his Report on Challenged Ballots. The Regional Director's Report re- veals that the challenged ballots were cast by employee Gerald Steven- son, who was on a 3-rrionth leave of absence at the time of the election, and by employee Lawrence Marso, who was on vacation at the time of the election ; that both of these employees were eligible to vote; that because of the small number of eligible voters, the Regional Director, in the exercise of his discretion with respect to the conduct of the election, provided Stevenson and Marso with mail ballots which were duly marked and returned to the Regional Director prior to election; and that the Petitioner challenged these ballots on the ground that the Direction of Election did not provide for mail balloting. The Re- 177 N I. R B 1002 79 N. L. R. B., No. 44. 345 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gional Director found no merit to the challenges and recommended that they be overruled. On July 21, 1948, the Petitioner filed with the Board a letter taking exception to the Regional Director's Report and asserting, in sub- stance, that the Petitioner had objected to the use of mail ballots in this case and that the Direction of Election made no specific provision for balloting by mail. The Regional Director, acting as agent for the Board,2 has broad discretion in arranging the details of an election, including, in appro- priate instances, the determination of whether to conduct the election in whole or in part by mall.' It does not appear that the Regional Director's exercise of such discretion in this case was arbitrary or capricious. Specific provision in the Direction of Election for snail balloting is not essentlal,4 and such omission furnishes no valid basis for rejecting the votes of Stevenson and Marso, who were concededly eligible voters.. We find that the Petitioner's exceptions to the Re- gional Director's Report on Challenged -Ballots do not raise substan- tial and material issues with respect to the election. Accordingly, we hereby adopt the Regional Director's recommendations and shall direct that the challenged ballots of Gerald Stevenson and Lawrence Mai-so be opened and counted. DIRECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with E. I. Dupont de Nemours and Company, Buffalo, New York, the Regional Director for the Third Region shall, pursuant to National Labor Relations Board Rules and Regulations, within ten (10) days from the date of this Direction, open and count the ballots of Gerald Stevenson and Lawrence Marso, and thereafter prepare and cause to be served upon the parties a Sup- plemental Tally of Ballots, including therein the count of the said challenged ballots. 2 Pursuant to the provisions of Section 3 (b) of the National Labor Relatipns Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members r Chairman Herzog and Members Reynolds and Murdock. 3 Matter of Poster Cotton Mills, Ire , 73 N L. R. B. 673 . Matter of Kentucky Central Life and Accident Inauranae Company, 72 N. L R. B. 548. 1 Ibid.