Mutual Distributing Co.

In the Matter Of MUTUAL DISTRIBUTING COMPANY, - EMPLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE- HOUSEMEN AND HELPERS OF AMERICA , A. F. OF L., LOCAL No. 81, PETITIONER Case No. 34-RC-96 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES May 10, 1949 Pursuant to a Decision and Direction of Election 1 and an Order amending Direction of Election, an election by secret ballot was con- ducted on February 23, 1949, under the direction and supervision of the Regional Director for the Thirty-fourth Region, among the em- ployees of the Employer in the unit found to be appropriate. At the close of the election, the parties were furnished a Tally of Ballots. The tally showed that there were five eligible voters, and that there were five ballots cast, of which three were for, and two were against, the Petitioner. On February 28, 1949, the Employer duly filed Objections to Elec- tion, alleging that an official of Petitioner electioneered before and during the election in violation of election rules. On March 30, 1949, the Regional Director issued his Report on Objections to Election, in which lie found, the objections without merit and recommended that they be overruled. Thereafter, the Employer duly filed exceptions to the Regional Director's report. We have considered the Employer's objections, the Regional Direc- tor's Report on Objections, and the Employer's exceptions to the re- port. There are certain factual inconsistencies between the conten- tions of the Employer and the version of what occurred as reported by the Regional Director. However, we will not attempt to resolve these differences but for the purposes of this decision, will accept as true all the factual allegations of the Employer. Objection 1. The Employer alleges that an official of the petitioning union was at the voting place electioneering among the eligible voters for some time 181 N. L. R. B. 208. 83 N. L. R. B., No. 74. 463 464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD previous to the balloting. The election was scheduled in advance for a. specific half-hour period. We know of no rule which prohibits elec- tioneering before the time set for the election, nor do we see any reason for such a rule. This objection is accordingly overruled. Objection 2. The Employer alleges that all during the election the same union official was within 25 to 30 feet of the ballot box, within sight of the employees just before and while they voted. It should be noted that there is nothing in the record to indicate that the observer for the Employer at any time objected to the proximity of the union official. Furthermore, at the close of the election, the Employer's representa- tive certified that the "balloting was fairly conducted, that all eligible voters were given an opportunity to vote their ballots in secret, and that the ballot box was protected in the interest of a fair and secret vote." The Employer contends, however, that the presence of the union official, even though he did not engage the voters in conversation, is electioneering. We do not believe that the mere presence of a union official 25 to 30 feet from a polling place constitutes electioneering? We therefore overrule this objection. Accordingly, as the tally shows that a majority of the valid votes have been cast for the Petitioner, we shall certify the petitioner as the collective bargaining representative of the employees in the appropri- ate unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L., Local No. 81, has been designated and selected by a majority of the employees of Mutual Distributing Company, in the unit found to be appropriate, as their representative for the purpose of collective bargaining, and that, pursuant to Section 9 (a) of the Act, as amended, the said organi- zation is the exclusive representative of all the employees in such unit for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. CHAIRMAN HERZOG and MEMBER GRAY took no part in the considera- tion of the above Supplemental Decision and Certification of Representatives. 2 Matter of Craddock-Terry Shoe Corporation, 80 N. L. R. B. 1239: Matter of Crucible Steel Company , 71 N. L. R. B. 1480; Matter of Moulton Ladder Manufacturing Company, 27 N. L. R.B.40.