Fraser and Johnston Manufacturing Co.

308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FRASER AND JOHNSTON MANUFACTURING COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR- CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO, Petitioner. Case No. 30-RC-821. June 2, 1953 SUPPLEMENTAL DECISION AND DIRECTION Pursuant to a Decision and Direction ofElectionissued here- in on November 28, 1952, an election by secret ballot was conducted on December 19, 1952, under the direction and supervision of the Regional Director for the Sevententh Region, among the employees in the unit found appropriate by the Board. Following the election, a tally of ballots was furnished the parties. The tally shows that of approximately 104 eligible voters, 45 voted for the Petitioner, 9 voted for the Intervenor,' and 33 voted against both participating labor' organizations. There were also 1 void and 7 challenged ballots. On December 21, 1952, the Intervenor filed objections to conduct of the Employer affecting the results of the election. The Employer also filed timely objections to the action of the Board agent in voiding one of the ballots. The Regional Director investigated the objections and the challenged ballots and, on February 12, 1953, issued and duly served upon the parties a report on challenges and objections, in which he recommended that (1) the Intervenor's objections be over- ruled, (2) the Board agent's ruling voiding a ballot be sustained, (3) the challenge to the ballot of Marvin Bennington be sustained, and (4) a hearing be held as to the eligibility to vote of the six other challenged voters. Within the proper time the Employer, but not the Intervenor, filed exceptions to the Regional Director's report. After duly considering the matter, the Board directed that a hearing be held to resolve the issues raised by the seven challenged ballots. Thereafter, a hearing was held on April 7, 1953, before a hearing officer of the National Labor Relations Board. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses,and to introduce evidence Tearing on the issues. In accordance with the Board's order, the hearing officer issued a report on challenged ballots, which was duly served upon the parties. In his report, the hearing officer concluded that all seven challenged voters were eligible to vote and recommended that the challenges be overruled. None of the parties filed exceptions to the hearing officer's report within the time provided therefor. i International Association of Machinists, District Lodge No. 86, AFL 105 NLRB No 46 LE ROI COMPANY 309 Having duly considered the matter, the Board2 makes the following disposition of the challenged ballots, the void ballot, and the objections to the election: (1) As no exceptions were filed to the hearing officer's report, we adopt his recommendation for overruling the challenges to all seven challenged ballots. (2) During the counting of the ballots, the Board agent in charge of the election ruled as void a ballot with an "X" and the letters "NO" in the "neither" box. The Board agent believed that the markings constituted an identifying mark. The Regional Director recommended upholding the Board agent's action. The Employer excepted to the Regional Direc- tor's recommendation. In previous cases, the Board has ruled valid ballots marked like that of the voided ballot in this case.3 Accordingly, we overrule the Regional Director and shall direct that the voided ballot be counted as a "neither" vote. (3) No exceptions were filed to the Regional Director's recommendation for overruling the Intervenor ' s objections to the election. In accordance with his recommendation, they are hereby overruled. [The Board directed that the Regional Director for the Seventeenth Region shall, within ten (10) days from the date of this Direction, open and count these ballots and serve upon the parties a supplemental tally of ballots , including therein the count of these ballots, and the void ballot counted as a "neither " vote.] 2 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 [Members Houston, Murdock, and Peter- son). 3 Marshall, Meadows & Stewart, Inc., 59 NLRB 1286; Van Raalte Company, Inc., 49 NLRB 985. LE ROI COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE- MENT WORKERS OF AMERICA, CIO, Petitioner. Case No. 13-RC-2211. June 2, 1953 SECOND SUPPLEMENTAL DECISION AND ORDER On January 14, 1953, pursuant to the Board's Supplemental Decision and Order , and a Direction of Second Elections dated December 15 , 1952, elections were conducted , under the direction and supervision of the Regional Director, by secret ballot, among the employees of the Employer in the voting groups found appropriate in the Board's Decision and Direc- tion of Elections of February 18, 1952,2 to determine whether 1 101 NLRB 55. 2 98 NLRB No. 24. 105 NLRB No. 41.