Southern Bleachery and Print Works, Inc.

'In the 'Matter .of 'SouTHERw BLEACI ERT.• A•ND PRINT Wom s, INC.,. EMPLOYER and 'MA'CHINE PRINTERS BENEFICIAL AssocIATION OF-THE. UNITED STATES, PETITIONER Case No. 70-RC-189.-Decided September 14,1948 DECISION. AND ORDER Pursuant to a Stipulation for' Certification Upon Consent Election executed by the Employer and the Petitioner on May `21, 1948, an elec-- tion by secretballot was conducted on May 24,1948, under the direction and supervision of the Regional Director for the Tenth Region. At the close of the election, the parties were furnished a Tally of Ballots which indicates that there were 42 eligible voters and that 42 votes were cast, of which 21 were for the Petitioner, 20 against the Petitioner, and 1 void. On May 27,1948, the Employer filed Objections to Conduct Affecting the Results of the Election, declaring that the Board agent's ruling as to the void ballot was erroneous and that this ballot should be counted 'as a vote against the Petitioner. Thereafter, the Petitioner filed "a, reply-to-the Employer's Objections. After due investigation, the Re-- gional Director issued his Report on Objections. In his Report, the Regional Director found that, by reason of a. printing error on the ballot, the voters in this election did not vote upon the stipulated ,proposition as to whether or not they ,desired to be represented by the Petitioner, but voted rather upon the proposition customarily placed before voters in a Board election to authorize 'a labor organization to enter into an agreement' with the Employer requiring, membership in such . labor organization as -a condition of employment. Thereafter, the Regional Director recommended 'that the election be declared a nullity, that another election be directed by the Board, and that no ruling be made as to the void ballot as such a determination could not affect the outcome of the election. There- after, the Employer filed, Exceptions to Report on Objections and the Petitioner filed Statement in Reply to Employer's Exceptions. 79 N. L. R. B., No. 85. 624 SOUTHERN BLEACHERY AND PRINT WORKS, INC. 625 The Employer and the Petitioner agree that the election conducted on May 24, 1948, was null and void. However, the Employer takes the position that the terms of the Stipulation for Certification Upon Consent Election have been fulfilled and that these terms do not now pert iit,,without forrnahhearing,,the.direction of a new, election. We," finds no merit in,the Employer's, position.' Formal, hearing has, been specifically waived by the parties , as well as findings of fact and con- clusions of'l'aw by, theiBoard(prior-to,the.Bolding-of.arlxelection.2 -A41 material facts established at such formal hearing which provide the bases, as prescribed by Section 9'of'the Act, for the Board to proceed to an election , have been stipulated' by the parties, with the approval of the Board. Moreover, we hayerin, the. past provided for the holding of a new election after an original election held pursuant to such a stipulation ,was' set aside bythe -Boards" Accordingly; ^ we, shall; adopt the, Regionals Director's- recommendk'-' tions, 4 'and( order. thab.the^ election. held, on May 24, 1948; be^ set- aside aslnullL and' void anth that a new.relection• be, conducted ^und'er- the-termsl and;conditions of theStipulation fbr Certification,Upon'Consent Elec-, tion;.except' as 'to. such, electibn^ details hereinafter, pr-ovid`edi ORDER IT IS HEREBY ORDERED that, the election, held on May, 24, 1948,, among; the employees of, Southern, Bleachery and, Print' Works, Inc., Taylors, , South,Carolina;,be,,and, it, hereby, is, set aside; and; IT IS FURTHER ORDERED that an election,by, secret ballot be-conductedi as early, as possible, but not later than, 30 days from .the date of, this Order, under the direction and- supervision, of the RegionaltDirectorf for the„Tenth- Region,, among, the, employees, in the appropriate unit who, were employed during ,the pay-roll period,immediately, preceding; the.date,of this Order, and under the terms and conditions,provided,in, Stipulation, for Certification Upon, Consent Election. signed, by,,the Employer •and,the Petitioner, on.-May, 21, 1948. 3 Pursuant to -the•provisions of- Section- 3 (b) of the National Labor Relations Act; the Board has delegated its powers in connection with this case to a three-man panel 'consisting of the-undersigned Board Members [Chairman. Herzog-and Members Reynolds'and Murdock]. 2 Section,9 (c).(4) of, the. Act, provides 'for the, waiver- of hearings by stipulation for the purpose, of'consent ,election. 3 See, e. g., Matter of Westinghouse Electric Corporation, 78• N. L. R. B. 315 ; Matter, of,Lew,is;Shepard'Co . and Acme, Engzneer,ng Company, 74 N. L. R. B. 534. 44n,,view, ofiour- findingoherein;, we-deem it unnecessary to rule-upon the issue of'the void ballot.,.