Celanese Corp. of America

In the Matter of CELANESE CORPORATION OF AMERICA, EMPLOYER and UNITED TEXTILE WORKERS OF AMERICA, AFL, PETITIONER Case No. 10-RC-628 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES December 9, 1949 Pursuant to a Decision and Direction of Election, dated August 24, 1949, an election by secret ballot was duly conducted'on Septem- ber 21, 22, and 23, 1949, by the Regional Director for the Tenth Region. The choice in the election was among the Petitioner; the Textile Workers Union of America, CIO, the Intervenor; or neither. No choice on the ballot received a majority of the valid votes cast. A run-off election was held on October 6 and 7, 1949. The choice in the run-off election was between the Intervenor and no union. On October 8, 1949, all parties to the proceeding were furnished a Tally of Ballots in the run-off election. The tally shows that there were approximately 1,306 eligible voters and that 1,144 cast valid ballots, of which 581 were for the Intervenor, 562 were for no union, and 1 ballot was challenged. On October 12, 1949, the Petitioner filed objections to conduct affecting the results of the election which it amended on October 13, 1949, to include the original election and the run-off election. On October 13, 1949, the Employer filed objections to conduct affect- ing the results of the run-off election. Pursuant to Section 203.61 of the National Labor Relations Board Rules and Regulations, the Regional Director investigated the objections and issued his Report on Objections, duly served on November 23, 1949. The Regional Di- rector found that the objections were without merit and recommended that they be overruled. The Petitioner filed a document entitled "Re- port on Objections," excepting to the Regional Director's Report on Objections. No other exceptions were filed to this report within the .time provided therefor. 87 NLRB No. 105. 552 CELANESE CORPORATION OF AMERICA 553 On December 5, 1949, the Intervenor filed a motion requesting the Board to dismiss the Petitioner's Exceptions to the Report On Objec- tions, on the ground, inter alia, that Petitioner,, having been eliminated from the ballot by an earlier election to which it did not make timely objection, had no status to object to conduct affecting the results of the run-off election in which it was not a participant. We agree that a unions whose name does not appear on the ballot has no standing to file objections to the conduct of an election.' Likewise we agree that insofar as the Petitioner's objections pertain to the original election they were untimely. Accordingly, we shall grant the Intervenor's motion and overrule the Petitioner's objections. As no other exceptions have been filed to the Report on Objections, we hereby adopt the Regional Director's recommendation and over- rule the objections. As a majority of valid votes have been cast for the Intervenor we shall certify that union as the bargaining repre- sentative of the employees in the unit found appropriate. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that Textile Workers Union of America, CIO, has been designated and selected by a majority of all production and maintenance employees of Celanese Corporation of America, Celriver Plant, Rock Hill, South Carolina, excluding office clerical, professional employees, guards and supervisors as defined in the Act, as their representative for purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, as amended, that organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other condition of employment. MEMBERS REYNOLDS and GRAY took no part in the consideration of the above Supplemental Decision and Certification of Representatives. 1 Westinghouse Electric Corporation, 78 NLRB 315, 316; see General Motors Corp., Buick Div., 82 NLRB 928.