E. H. Blum

312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD If a majority of the employees in voting group (A) select the Machinists, they will be taken to have indicated their desire to constitute a separate bargaining unit and the Regional Director conducting the elections is instructed to issue a certification of representatives to the Machinists as the labor organization seeking and selected by the employees in that voting group, which the Board, in such circumstances, finds to be appropriate for purposes of collective bargaining. On the other hand, if a majority of the employees in voting group (A) do not vote for the Ma- chinists, that group will appropriately be included in the produc - tion and maintenance unit and their votes shall be pooled with those in voting group (B),' and the Regional Director conducting the elections is instructed to issue a certification of representa- tives to the labor organization selected by amajority of the em- ployees in the pooled group, which the Board, in such circum- stances, finds to be a single unit appropriate for purposes of collective bargaining. [Text of Direction of Elections omitted from publication.] Member Beeson took no part in the consideration of the above Decision and Direction of Elections. 7 If the votes are pooled, they are to be tallied in the following manner: The votes for the Machinists shall be counted as valid votes, but neither for nor against any union seeking to represent the more comprehensive unit; all other votes are to be accorded their face value, whether for representation in a union seeking the more comprehensive group or for no union. American Potash & Chemical Corp., supra, at 12. E. H. BLUM and THE AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO, Petitioner . Case No. 15 -RC-1000. April 20, 1954 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES On November 20, 1953, pursuant to a Decision and Direction of Election' issued by the Board, an election by secret ballot among employees of the Employer in the unit found appropriate was conducted under the direction and supervision of the Region- al Director for the Fifteenth Region. The tally of ballots shows that of the 61 ballots cast, 34 were cast for the Petitioner, 17 were cast against the Petitioner, 9 ballots were challenged, and 1 ballot was void. Thereafter, the Employer filed timely objec- tions to the election, alleging in substance that employees were interfered with, restrained, and coerced in the exercise of their free choice of bargaining representatives by actions of the Pe- titioner as charged in Case No. 15-CB-113; and that the Peti- tioner electioneered in the vicinity of the election while the election was being conducted, in violation of the Board's Rules and Regulations set forth in the notice of election. 'Not reported in printed volumes of Board Decisions and Orders. 108 NLRB No. 65. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL 1294 313 After an investigation, the Regional Director, on February 1, 1954, issued his report on objections, in which he found that the conduct of the Union did not materially interfere with the em- ployees' free choice in the election and recommended that the objections be overruled and the appropriate certification be issued. The Employer filed timely exceptions to the Regional Director's report. In its exceptions, the Employer protests the conclusions reached by the Regional Director that the conduct of Union or- ganizers , even if true as alleged , did not materially interfere with the free choice of employees; and that certain other con- duct was remote from the date of the election or the polling place and could not be considered to have affected materially the results of the' election. Accordingly, the Employer urges that the Board set aside the election or direct a hearing on the objections. We have considered the objections to the elections, the Re- gional Director's report, and the Employer's exceptions thereto. In agreement with the Regional Director, wefindthat the objec- tions raise no substantial or material issues with respect to the conduct of the election, and we overrule them. Because the tally, of ballots shows that the Petitioner received a majority of the valid votes cast, we shall certify the Petitioner as the bargaining representative of the employees in the appro- priate unit. [The Board certified The Amalgamated Clothing Workers of America, CIO, as the designated collective-bargaining repre- sentative of the employees in the unit found appropriate in the Decision and Direction of Election herein.] INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL 1294 (INDEPENDENT) and CARGILL, INC. Case No. 2-CD- 82. April 21, 1954 DECISION AND DETERMINATION OF DISPUTE This proceeding arises under Section 10 (k) of the Act, which provides that "whenever it is charged that any person has engaged in an unfair labor practice within the meaning of section 8 (b) (4) (D) of the Act, the Board is empowered and directed to hear and determine the dispute out of which such unfair labor practice shall have arisen... . . On December 31, 1953, Cargill, Inc., herein called Cargill, filed with the Regional Director for the Second Region a charge alleging that International Longshoremen's Association, Local 1294 (Independent), herein called the ILA, has engaged in and is engaging in certain activities proscribed by Section 8 (b) (4) (D) of the Act. 108 NLRB No. 71.