The Patent Button Co. of Tennessee

In the Matter of THE PATENT BUTTON COMPANY OF TENNESSEE and UNITED GAS, COKE AN13 CHEMICAL WORKERS, CIO Case No. 10-R-1509 SUPPLEMENTAL DECISION i AND CERTIFICATION OF REPRESENTATIVES January 7, 1946 On October 18, 1945, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceeding,' pursuant to which an election by secret ballot was conducted on No- vember 5, 1945, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). At the conclu- sion of the election a Tally of,,Ballots was furnished the parties in accordance with the Rules and Regulations of the Board. As to the balloting and its results, the Tally of Ballots shows as follows : Approximate number of eligible voters----------------------- 136 Valid votes counted-------------------------------------- 121 Votes cast for United Gas, Coke and Chemical Workers, CIO-- 76 Votes cast for International Ladies Garment Workers Union, AFL--------------------------------------------------- 19 Votes cast against participating unions-------------------- 26 Challenged-ballots ------------------ ----------------------- 0 Void ballots - ------------------------------------- 0 On November 10, 1945, International Ladies Garment Workers Union, AFL, herein called the AFL, filed objections to the conduct of the election. The objections are summarized as follows: 1. That the AFL was not afforded an opportunity to examine or check the eligibility list prior to the election. 2. That the Board's agent conducting the election did not request or obtain "authorizations of watchers" for the AFL. 3. That the conduct of the Board's agent in caring for, the ballot box between the two voting sessions was improper. 4. That after the election no comparison was made between the number of names on the voting list and the number of votes in the ballot box, and that, according to the AFL's calculations, a discrepancy Ia 164NLRB 335 65 N L R. B, No 51. 244 THE PATENT BUTTON COMPANY OF TENNESSEE. 245 existed between the number of employees on the voting list and the number of ballots cast in the election. On December 5, 1945, the Regional Director issued a Report on Objections in which he recommended that the Objections be overruled. On November 14, 1945, the AFL filed Exceptions to Report on Objec- tions.2 As to the first objection made by the AFL, the Regional Director reported that the AFL's observers and its business representative examined the eligibility list prior to the election. Affidavits from the AFL's observers support this finding. The second objection made by the AFL raises an issue which appears to be immaterial to the outcome of the election. In any event, the Regional Director reported that the AFL had two observers at the election and that it received a copy of the Tally of Ballots.3 In regard to the third objection, the Regional Director reported that the observers for both unions and for the Company agreed that theballot box should be sealed and remain in the custody of the Board's agent between the two voting sessions; that this procedure was fol- lowed; that the seal was examined by all observers at the beginning of the second voting session; and that affidavits of all observers con- firm the fact that the ballot box had not been tampered with. Fur- thermore. the Certification On Conduct of Election was signed by all observers. As to the fourth objection, the Tally of Ballots, incorporated in the record of this case and signed by representatives of each union and the Company, is evidence that this objection is without merit. Upon full consideration of all the evidence, we find that the objec- tions raise no substantial or material issues with respect to the conduct of the election, and they are hereby 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 Relations Act, and pursuant to Article IIl, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, IT IS FIEBEBY CERTIFIED that United Gas, Coke and Chemical Workers, CIO, has been designated and selected by a majority of all employees of the Patent Button Company of Tennessee, Knoxville, Tennessee, who are paid on an hourly or piece-rate basis, excluding watchmen, cafeteria workers, quality control clerks, clerical workers, salesmen, timekeepers, designers, draftsmen, administrative em- 2 In its E'ceptions, the AFL requested that it be alloNNed additional time in which to submit further evidence to substantiate its Exceptions. After careful consideration of this request, it is hereby denied ' The AFL does not contend that the wrong observers acted on its behalf at the election. 0 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees, the chief engineer, foremen, and all other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such action, as their representative for the purposes of collective bar- gaining, and that, pursuant to Section 9 (a) of the Act, the said organ- ization is the exclusive 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. MR. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision and Certification of Representatives. 0