Pacific Mills

In the Matter Of PACIFIC MILLS and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS, LOCAL No. 477, - (A. F. OF L.) Case No. R-49416 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 8, 1943 On March 30, 1943, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceeding.' Pursuant thereto an election by secret ballot was conducted on April 14, 1943, under the direction and supervision of the Regional Director for the First Region (Boston, Massachusetts ). Thereafter, on May 4, 1943, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended , issued an Election Report, copies of which were duly served upon the parties. Subsequent thereto, all parties filed objections to the Election Report. On May 20, the Board issued a Supplemental Decision and Direction 2 in which it amended its decision nuns pro tune with respect to the appropriate unit and directed that certain chal- lenged ballots be opened and counted. Pursuant thereto, the Regional Director opened and counted the challenged ballots found valid by the Board in the Supplemental Decision , and on June 15, issued a Supple- mental Election Report , copies of which were duly served upon the parties. As to the ballot and its final results, the Regional Director reported substantially as follows: Approximate number of eligible voters------------------------ 85 Total ballots cast-------------------------------------------- 78 -Total ballots challenged------------------------------------- 13 Total challenged ballots found invalid by Board ------------ 9 Total challenged ballots found valid by the Board ---- 4 Total void ballots------------------------------------------ 2 Total valid votes counted------,----------------------------- 67 148 N L R. B 844. 2 49 N. L R B 981 51 N. L. R B., No. 38 168 PACIFIC MILLS 169 Votes cast for Pacific Mills Worsted Division Employees Asso- ciation---------- ----------------------------------------- 21 Votes cast for International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local 477 (A. F. of L.) --------------------------------------------^._ 34 Votes cast for neither--------------------------------------- 12 On June 19,1943, the Company filed further objections to the conduct of the ballot and to the Supplemental Election Report. These objec-, tions alleged in substance that (a) the vote of one Lawrence Greenfield was invalid in that he was not an employee of the Company on the date of the election, and (b) the ballots listed as "void" were merely blank and should be counted in determining the total valid votes. On June 23, the Regional Director, acting pursuant to the aforementioned Rules and Regulations, issued and duly served upon the parties a Report on Further Objections, finding that the matters contained in the further objections of the Company raise no new issues. We have considered the Supplemental Election Report, the Further Objections, the Report on Further Objections, and the entire record in the case. The investigation of the Regional Director discloses that Greenfield reported for work at the Company's premises on the day of election, that he worked until 11: 00 a. m., and thereafter acted as an observer for the Teamsters in the election. The Company contends that Greenfield applied for a position with another employer on April 6, 1943, and was accepted, on April 13. However, Greenfield worked for the Company, and was listed as one of its employees on the date of the election; moreover, he was paid by -the Company for that day .3 In view of the foregoing and in the absence of any overt act known to the Company indicating any intention to quit, we are of the opinion and find that Greenfield was still an employee of the Company during the election, and as such, was entitled to vote. The contention of the Com- pany with respect to the ballots listed as "void" is without merit. We have frequently held that void ballots not regarded as having been cast for or against a party participating in an election cannot be counted as part of the total number of votes cast for the purpose of determining a majority' We find, therefore, that the Further Objections of the Company raise no substantial or material issues with respect to the conduct of the election, the Election Report, or the Supplemental Election Report. 8 The Company allowed those of its employees acting as observers pay while serving in that capacity. 'Matter of Sorg Paper Company, 9 N L. R . B. 136, 137; Matter of Interlake Iron Cor- poration, 4 N. L. R B 55, 61 ; Matter of Borg-Warner Corporation, 7 N L. R B 340, 343; Matter,of American Tobacco Company, 10 N. L R. B. 1171. 170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CERTIFICATION OF REPRESENTATIVES 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 Rela- tions Board Rules and Regulations-Series 2, as amended, IT is aEREBY CERTIFIED that International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, Local 477 (A. F. of L.) has been designated and selected by a majority of all yardmen, warehousemen (including truckers, and laborers engaged at all five storage depots), truck drivers and truck drivers' helpers of the Company at its Law- rence, Massachusetts, plant, excluding all supervisory and clerical employees, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help- ers, Local 477 (A. F. of L.) is the execlusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.