Filtrol Corp.

In the Matter of FILTROL CORPORATION, EMPLOYER and UNITED GAS, 'COKE AND CHEMICAL WORKERS or AMERICA, CIO, PETITIONER Case No. 15-RC--356 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES August 30, 1950 Pursuant to a Decision and Direction of Election issued by the Board on May 10, 1950,1 an election by secret ballot was held on June 6, 1950, under the direction of the Regional Director for the Fifteenth Region at Jackson, Mississippi. Upon the con- clusion of the election, a tally of ballots was furnished the parties in accordance with the Rules and Regulations of the Board. The tally shows that of approximately 156 eligible voters, 149 cast ballots, of which 75 were for the United Gas, Coke and Chemical Workers of America, CIO, the Petitioner herein, and 74 were-f or the International Chemical Workers Union, AFL, Local 253, the Intervenor herein. There were no challenged ballots. Thereafter, on June 14, 1950, the Intervenor filed objections to the conduct of the election and conduct affecting results of the election. In accordance with the Board Rules and Regulations, the Regional Director investigated the objections. On June 27, 1950, he issued and duly served upon the parties his report on objections, in which he found that the objections did not raise substantial and material issues with respect to the election, and recommended that they be overruled. The Intervenor filed timely exceptions to the Regional Director's report. Upon the entire record of :this case the Board finds : 2 The Intervenor contends that the ballot box was improperly handled during voting hours "affording opportunity (for) outside interference with the ballot box." The Regional Director's investigation reveals that the Board agent, with the ballot box and unused ballots in his 1 Unpublished. 2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a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-member panel [Members Houston, Reynolds , and Murdock]. 91 NLRB No. 16. 93 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD possession, went to the rest room, being absent from the polls less than 5 minutes. Before leaving, the Board agent, invited the observers to accompany him, and at the suggestion of an observer for the Inter- venor, the observer designated by the Employer accompanied the Board agent and the ballot box until the agent's return to the polling place. The Regional Director further pointed out that the ballotrbox was in.full view at all times of the observer who accompanied the Board agent and that this observer confirmed that no one touched the box except the Board agent. The Regional Director found, in con- clusion, that the action of the Board agent was not improper and that no one interfered with the ballot box. The Intervenor excepts to the Regional Director's report on the ground that the findings of fact are incorrect and the allegations con- tained in its objections are true. The Regional Director's findings, except as to the absence of Petitioner's representatives from the loca- tion of the ballot box and polling place, are consistent with the facts alleged in the Intervenor's objections. These objections were specu- lative in nature and in substance merely alleged that there might have been outside interference with the ballot box. The Regional Direc- tor found upon investigation that there was no such interference. Under these circumstances, we shall adopt the Regional Director's findings. Accordingly, on the entire record of the case, we find that the objections filed by the Intervenor raise no substantial and material issues with respect to the conduct of the election and the objections are hereby overruled. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that the United Gas, Coke and Chemical Workers of America, CIO, has been designated and selected by a majority of the Employer's production, and maintenance employees, including drivers and storekeepers at its Jackson, Mississippi, plant, but excluding guards, engineers, office clerical employees, chemists, professional technicians, foremen, and all other supervisors as defined in the Act, as their representative for the purposes of collective bar- gaining and that pursuant to Section 9 (a) of the Act, the organization is the exclusive representative of all such employees for the purpose of collective bargaining with respect to rates of pay, wages, hours of em- ployment, and other conditions of employment.