Wilson & Co., Inc

In the Matter of WILSON & Co., INC. and UNr17ED PACKING HOUSE WORKERS OF AMERICA P. W. O. C., LOCAL 200, C. I. O. Case No. R-4923 THIRD SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 19,1943 On June 11, 1943, the National Labor Relations Board issued a Second Supplemental Decision and Direction of Second Run-Off Election in the above-entitled proceeding." Pursuant to the Direction of Second Run-Off Election , a run-off election by secret ballot was conducted on June 24, 1943, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, Cali- fornia ). On June 24, 1943, the Regional Director , acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties a Report on Ordered Election. As to the balloting and its results , the Regional Director reported as follows : Total on eligibility list-------- --------------------------- 436 Total ballots cast ---------------------------------------- 382 Total ballots challenged ---------------------------------- 11 Total void ballots ----------------------------------------- 0 Total valid votes counted-- ------------------------------- 371 Votes cast for United Packing House Workers, Local 200, C I. 0------------------------------------ 192 Votes cast for Employe 's Representative Committee ( Ind.)-- 179 The Regional Director made no ruling with respect to the chal- lenged ballots. Since the number of challenged ballots cannot af- fect the results of the election , we find it unnecessary to make any determination as to them. ' The Board had previously issued a Decision and Direction of Elections (48 N L R B 495), pursuant to which elections were held on April 14, 1942, and a Supplemental De- cision, Certification of Representatives and Direction of Run-Off Election on May 10, 1943, pursuant to which an election was held on June 2, 1943. 51 N. L. R. B , No. 87. - 449 450 DECISIONS OF NATTONAL LABOR REILATIONS BOARD On June 26, 1943, Wilson Employe's Representative Committee, herein called the Committee,2 filed Objections to the Conduct of the Ballot, alleging in substance that (1) the Board's agent in charge of the election exhibited partiality to United Packing House Workers of America P. W. O. C. Local 200, affiliated with the Congress of In- dustrial Organizations, herein called the P. W. O. C.,3 and consistently refused to grant requests made by the Committee in relation to the conduct and place of the election; (2) the election place was improper in that the election was held on premises frequented and dominated by the P. W. O. C., and as a result a considerable number of eligible voters refused to go on the premises in order to exercise their voting privi- leges; (3) the Board's agent in charge, prior to the election, demanded that Wilson & Co., Inc., refrain from negotiating with the Committee, such action causing embarrassment and prejudice to the Committee before the election; and (4) the Board's agent improperly and without authority challenged 11 votes, such action constituting favoritism to the P. W. O. C. and prejudice to the Committee, and that he im- properly attempted to effect a change in the unit found appropriate by the Board by challenging the votes of plant clerical employees who presented themselves at the polls. On July 1, 1943, the Regional Director issued and duly served on the parties his Report on Objections, in which he found the objections to be without merit. The Board has considered the -objections and the Regional Director's report thereon and finds that the objections raise no material or substantial issues 4 At a conference called by the Board's agent, the parties agreed on all the details of the election except the date and place. With respect to the date, the Committee requested June 29; the Company requested indefinite postponement. The P. W. O. C. had previously requested a date during the week of June 14-19. Inasmuch as the Direction of Second Run-Off Election was issued by the Board on June 11, 1943, directing that the election be held as early as possible, and, inasmuch as notices of the election were posted for 6 full days prior to the election, we find that no prejudice was committed by The selection of June 24, 1943, as the election date. The polling place used was the same used at the first two elections. No objections to the conduct of the ballot were filed by any party after the first two elections, alleging that the polling place was improper. Neither did the Committee submit any 2 In the election results reported by the Regional Director, the Committee is listed as Employe's Representative Committee (Ind.) s In the election results reported by the Regional Director, the P W 0. C. Is listed as United Packing House Workers, Local 200, C I 0. 4 The Company has requested that the Board order a hearing for the purpose of eliciting evidence concerning the alleged bias and prejudice of the Board's agents conducting,the election. For the reasons appearing below, we find no merit In the request, and it is accordingly denied. WILSON & Co., INC. 451 evidence to support its allegation that the premises were frequented by or dominated by the P. W. O. C., or that eligible employees were dis- couraged from voting for that reason. We find no merit in the allegation that the Board's agent caused embarrassment to the Committee by advising the Company to refrain from negotiating with the Committee as the exclusive representative during the pendency of the results of the election. The purpose of the election was to determine which organization was entitled to ex.- elusive recognition. Obviously recognition of one as such representa- tive during the pendency of the election might constitute favoritism. Nor do we find any merit in the objection with respect to the challenge of 11 votes by the Board's'agent. The Board has invested its agents with-the duty of challenging the votes of persons whose eligibility is in doubt. Such challenges do not affect a change in the unit as the Committee has alleged. Actually, of the 21 persons listed as clerical employees, 20 cast ballots. Under these circumstances, it is impossible to conclude that employees in that category could have been discour- aged from voting by reason of the agent's challenges, thereby prejudic- ing the Committee. All the objections are accordingly overruled. 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 Rela- tions Act, and pursuant to Article-III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY oEr,TIFIED that United Packing House Workers of America P. W. O. C. Local 200, affiliated with the Congress of Indus- trial Organizations, has been designated and selected by a majority of the Company's production and maintenance employees, including plant clericals, but excluding teamsters, chauffeurs, and drivers (further described gs local drivers, country drivers, extra drivers, and night spotter drivers), office employees, sales employees, watchmen, the ma- tron, all foremen, and all employees above the grade of foremen, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, United Packing House Workers of America P. W. O. C. Local 200, affiliated with the Congress of Industrial Organizations, is the exclusive repre- sentative of all such employees for the purposes of collective bargaining in respect to rates of pay, hours of employment, and other conditions of employment. 54O01^_-44 -vol .51--a0