Centennial Flouring Mills Co.

In the Matter of CENTENNIAL FLOURING MILLS COMPANY, EMPLOYER and UNITED PACKINGI1OUSE WORKERS OF AMERICA , C. I. 0., PETI- TIONER and FLOUR , FEED AND CEREAL WORKERS, LOCAL 20503 , A. F. L., INTERVENOR Case No. 19-R-2056.Decided January 14,19V DECISION ORDER AND DIRECTION OF SECOND ELECTION On November 19, 1946, pursuant to a "Stipulation For Certification Upon Consent Election," an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Nineteenth Region (Seattle, Washington). Upon the conclusion of the election, a Tally of Ballots was furnished the parties in accord- ange with the Rules and Regulations of the Board. The Tally shows that of the 18 eligible voters, 8 voted for the Petitioner and 10 for the Intervenor. On November 25, 1946, the Petitioner filed objections to conduct affecting the results of the election, alleging, inter alia, that the em- ployees were improperly influenced in their choice of representatives by the fact that the Board's official notice of Election was defaced in a manner indicating a preference for the Intervenor. Thereafter, the Regional Director investigated the objections and on December 11, 1946, issued and duly served upon the parties his Report on Objections. The Regional Director reported that a posted official Notice of Election, containing a sample ballot and signed by the.Regional Director, had been defaced by an "X" in heavy pencil Feed and Cereal Workers, Local 20503, in the box under "Flour, A. F. L.," the Intervenor herein. His investigation also disclosed that at least one other official Notice of Election had been similarly defaced in favor of the petitioner. The only official notification of Board elections is prepared by the Board and contains in bold red print the following language: "This is the only official notice of this election and must not be defaced by anyone." The Regional Director concluded that, when the employees observed these official Board notices defaced in the manner indicated they might have been im- properly influenced in their choice of representatives. Having found 72N.L R.B,No.17. 77 78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that the Petitioner's objection raised a substantial and material issue with respect to the election, the Regional Director recommended that the Board sustain this objection and set aside the results of the election conducted on November 19, 1946, and that the Board direct that a new election be held. No exceptions have been filed to the Regional Director's Report on Objections.) We have considered the objections and the Report on Objections, and hereby adopt the Regional Director's conclusions and recom- mendations with respect to the election. We shall accordingly set aside the results of the election and direct that a new election be conducted. ORDER AND DIRECTION OF SECOND ELECTION IT IS HEREBY ORDERED that the results of the election conducted in the above-entitled matter on November 19, 1946, be, and it hereby is, set aside ; and it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Centennial Flouring Mills Company, Spokane, Washington, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Nineteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations, Series 4, among the em- ployees in the unit set forth in the "Stipulation For Certification Upon Consent Election," who were employed during the pay-roll period immediately preceding the date of this Direction, 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 present themselves in per- son at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Packinghouse Workers of America, C. I. 0., or by Flour, Feed and Cereal Workers, Local 20503, A. F. L., for the purposes of collective bargaining, or by neither. CHAIRMAN HERZOG took no part in the consideration of the above Decision, Order, and Direction of Second Election. 1 The Intervenor advised the Board that, although it does not agree with the Report, it will not file exceptions thereto in order to expedite the holding of a new election.