Fairmont Mills, Inc.

In the Matter of FAIRMONT MILLS, INC., EMPLOYER and UNITED TEX- TILE WORKERS OF AMERICA, A. F. L., PETITIONER Case No. 10-UA194.Decided November 10,194k9 DECISION AND CERTIFICATION OF RESULTS On September 13, 1949, pursuant to Section 9 (e) (1) of the National Labor Relations Act, an election by secret ballot was 'conducted under the direction and supervision of the Regional Director for the Tenth Region. -At the conclusion of the election the parties were fur- nished with a Tally of Ballots, which shows that, of 249 eligible voters, 220 cast ballots, of which 181 were cast in favor of authorizing the Union and the Employer to enter into an agreement which requires membership in such union as a condition of continued employment; 35 were against the proposition; 4 were challenged; and 2 were void ballots. On September 15, 1949, the Employer filed Objections to the Elec- tion, alleging. that the ballot box was not protected in the interest of a fair and secret vote and that the secrecy of the ballots was not properly maintained. Thereafter, the Regional Director investigated the objections and, on October 7, 1949, issued a Report on Objections to the Election, in which he found that said objections did not raiser substantial and material issues with respect to the conduct or results of the election, and recommended that they be overruled. The Re- gional Director further recommended that the National Labor Rela= tions Board certify that a majority of employees, eligible to vote, voted to authorize the Petitioner to make an agreement with the Employer requiring membership in such organization as a condition of employ- ment. Exceptions to the Report on Objections were then filed by the Employer. Upon the entire record in this case, the Board finds: 1 1. The election was conducted on the afternoon and night of Sep- tember 13, 1949. At the conclusion of the first balloting period the observers for the Employer and the Petitioner overscribed their 'Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Mem- bers Houston and Gray]. 87 NLRB No. 22. 21 22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD names on the,seal of the ballot box and signed the Certificate on Conduct of Election. The Board's representative then took possession of the ballot box until the night polling period. Before the. polls opened, the ballot. box, still sealed, was inspected by. all observers. After the second voting period, the observers initialed their signatures on the Certificate on Conduct of Election. The Employer does not contend that the ballot box was opened other than at the polls and in the presence of the observers. We find, on the entire record of the case, that the secrecy of the ballot was not affected by the. mere removal of the ballot box from the polling place by the Board's representative. Accordingly, we find that the objections raise no substantial and material issues with respect to the conduct of the election. The objections are therefore overruled. We find no merit in the contentions of the Employer raised by the excep- tions filed. Upon the basis of the Tally of Ballots and the entire record in the case, IT Is HEREBY CERTIFIED that a majority of employees eligible to vote have voted to authorize the Petitioner to make an agreement with the Employer requiring membership in such organization as a con- dition of employment, in conformity. with Section 8 (a) (3) of the Act, as amended.