Beggs & Cobb, Inc.

In the Matter Of BEGGS & COBB, INC. and INTERNATIONAL FUR AND LEATHER WORKERS UNION OF THE UNITED STATES AND CANADA, LEATHER WORKERS DIVISION (CIO) In the Matter of BEGGS & COBB, INC. AND JOHN J. RILEY COMPANY and UNITED LEATHER WORKERS INTERNATIONAL UNION, A. F. L., Local 122 Cases Nos. 1-R-2146 and 1-R-2149, respectively SECOND SUPPLEMENTAL DECISION ORDER AND SECOND DIRECTION OF ELECTION June 7,1945 On March 20 and 21, 1945, pursuant to the Decision and Direction of Elections issued herein on February 27, 1945 (60 N. L. R. B. 915), separate elections by secret ballot were conducted under the direction and supervision of the Regional Director for the First Region (Boston, Massa- chusetts). Upon the conclusion of the elections, Tallies of Ballots were fur- nished the parties in accordance with the Board's Rules and Regulations. As a result of the election in Case No. 1-R-2149, United Leather Workers* International Union, Local 122, A. F. L., was certified as collective bargain- ing agent on April 12, 1945. The result of the election in Case No. 1-R-2146 was inconclusive, four of the ballots cast having been challenged.' On March 23, 194, the Regional Director issued his,Report on Challenged Ballots and no exceptions were 1 The Tally of Ballot in that case disclosed the following: Approximate number of eligible voters 420 Valid votes counter- 390 Votes cast foi United Leather \Voi kei s Irate, nattonal. Union, Local 122, A I L 192 Votes cast for international For and Leather workers Union of the United States and Canada, Local No 22 (Leather Division), C. T O. 195 Votes cast against psiticupating Unions 3 Challenged ballots 4 Void ballots .. 2 62 N. L R. B., No 32. 193 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - tiled thereto within the time provided therefor. On March 28, 1945, the A. F. L. filed a Protest and Request for New Election. On April 7, 1945, the Regional Director issued and duly served upon the parties a Report on Objections, and on April 14, 1945, the A. F. L. filed Exceptions thereto? On May 7, 1945, the Board issued its Supplemental Decision and Direction, directing that two of the challenged ballots be opened and counted and that the challenges to the remaining two be sustained. In its Supplemental Deci- sion and Direction the Board reserved ruling with respect to the A. F. L.'s objections. On May 11, 1945, the Regional Director submitted a revised Tally of Ballots, copies of which were duly served upon the parties, and which discloses the following inconclusive results:' Approximate number of eligible voters 420 Void ballots 2 Votes cast for United Leather Workers International Union, A. F: L., Local No. 122 . , 193 Votes cast for International Fur and Leather Workers Union of the United States and Canada, Local No. 22 (Leather Division), C. I. O. 196 Votes cast against participating labor organizations 3 Valid votes counted 392 Unopened challenged ballots 2 One of the grounds upon which the A. F. L. bases its objections to the con- duct of the election is the assertion that on March 17, 1945, the Company notified the Board's Regional Office at Boston, Massachusetts, by mail that eight persons whose names appeared on the eligibility list were no longer in the employ of the Company. The A. F. L. contends that these persons were improperly permitted to cast ballots because (1) they were not employees of the Company at the time of the election, and (2) the Company, the C. 1. 0., and the Board's agents had knowledge of this fact, while the A. F. L. did not. In his Report on Objections, the Regional Director stated as follows : A check of the voting list shows that these names were included in the voting list. Prior to the election the Company wrote a letter to the Board stating that the 8 men named above `either do not appear on any other pay period at all or have been employed very little up to this pay period and have not worked since.' This letter was shown to the tellers prior to the opening of the polls. Five of the 8 men were checked off the eligibility list as voting without challenge, 3 not having cast ballots. It is probable that if their names had been challenged they would have been held ineligible as either irregular part-time employees or as non-employees. 2 Neither the Company nor the C. I. 0. filed objections to the election or exceptions to the Regional Director 's Report on Objections. 8 The C I . O. has requested a run-off election. BEGGS & COBB, INC 191) The Regional Director recommended that all the A. F. L.'s objections to the election be overruled. In its Exceptions to the Regional Director's Report on Objections, the A. F. L. reiterates its contention that the ineligi- bility of voters by reason of non-employment is a proper basis for objections to an election when such facts are made known to all parties to a proceeding, including Board agents, in advance of the balloting. From the uncontroverted statements in the Company's letter it seems clear that the eight persons mentioned were not employees of the Company at the time of the election, and that the five who cast ballots were, there- fore, ineligible to vote. Furthermore, all the parties, including the Unions' tellers, the Company's representatives, and the Board agents at the election. were aware of such ineligibility and should have challenged the ballots of these persons. Since the Board's agents had knowledge of the ineligibility of the voters and failed to challenge their ballots, and since it appears that their votes affect the results of the election, we shall sustain the objections to the election to the extent that they are based on this ground.` Accord- ingly, we shall set the election aside and direct a new one. ORDER AND SECOND DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby ORDERED that the elections held on March 20 and 21, 1945, in Case No. l -R-2146, and the results thereof, be, and the same hereby are, vacated and set aside, and it is hereby DIRECTED that, as"part of the investigation to ascertain representatives for the purposes of collective bargaining with Beggs & Cobb, Inc., Win- chester, Massachusetts (Case No. 1-R-2146), a-second election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction of Election, under the direc- tion and supervision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit heretofore found appropriate in Section IV of our Decision and Direction of Elections, issued on February 27, 1945, who were employed during the pay-roll period immediately preceding the date of this Second Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who t Cf. Matter of A I. Tower Company, 60 N. L R. B 1414 In view of this determination we find it unnecessary to pass upon the remaining objections of the A. F L. 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD present themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the second election, to determine whether they desire to he represented by International Fur and Leather Workers Union of the United States and Canada, Leather Workers Division, affiliated with the Congress of Industrial Organizations, or by United Leather Workers Inter- national Union, Local 122, affiliated with the Amercan Federation of Labor, for the purposes of collective bargaining, or by neither.