Independent Rice Mill, Inc.

536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD INDEPENDENT RICE MILL, INC. and RICE WORKERS LOCAL 321, NA- TIONAL AGRICULTURAL WORKERS UNION, AFL , PETITIONER. Case No. 15-RC-1142. February 7,1955 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Elections in a consolidated proceeding involving 6 Crowley, Louisiana, companies and the same international union,' elections were conducted on November 10, 1954, for employees of the instant Employer and two other companies, and on November 16, 1954, for the employees of the 3 remaining compa- nies. The ballots cast in the earlier elections were impounded by the Regional Director and were counted after the completion of the ballot- ing in the three later elections on November 16, 1954. The tally of ballots furnished the parties herein showed that there were 19 votes cast, of which 11 were for and 4 against the Petitioner. There were four challenged ballots. Thereafter, the Employer filed timely objections to the election. After an investigation, the Regional Director issued a report on ob- jections in which he recommended that the objections be overruled and an appropriate certification of representatives be issued by the Board. The Employer filed exceptions to the Regional Director's report. The Employer asserts that the Regional Director acted improperly in impounding rather than immediately counting the ballots of the employees of the Employer on November 10, 1954. The Employer contends further that it had no way of ascertaining that the ballots were not tampered with or that different ballots were not substituted for those actually cast. The Regional Director states in his report that the original plan to conduct all 6 elections on November 16, 1954, was changed at the request of 1 of the employers' representatives who could not be present on that date. The Regional Director indicates that his reason for im- pounding the November 10, 1954, ballots was to prevent any possi- bility of "chain voting" and to avoid placing either the employers or the union at any disadvantage by announcing the results of the ballot- ing of November 10, 1954, prior to the completion of the November 16, 1954, elections. Concerning the custody of the ballots, the Re- gional Director points out that the ballot box, which was sealed and initialed by three Board agents and an employer observer, remained in the personal custody of a Board agent until November 16, 1954, when the box was opened in the presence of the employer observer who confirmed that the seal had been kept intact. The Board has considered the Employer's objections, the Regional Director's report and the Employer's exceptions thereto, and hereby 1Imperial Rice Mills, Inc., et at, 110 NLRB 612 111 NLRB No. 81. REIN COMPANY 537 adopts the findings and recommendations of the Regional Director in view of the Board's long-established policy, absent unusual circum- stances, not to interfere with the Regional Director in the exercise of his discretion in making arrangements with respect to the conduct of elections and the counting of ballots. Accordingly, as it appears that the Petitioner has secured a majority of the valid votes cast in the elec- tion, we shall certify the Petitioner as the bargaining representative ,of the employees in the appropriate unit. [The Board certified Rice. Workers Local 321, National Agricul- tural Workers Union, AFL, as the designated collective-bargaining representative of the employees of the Employer in the unit found appropriate.] REIN COMPANY and HOUSTON PRINTING PRESSMEN & ASSISTANTS' UNION No. 71, INTERNATIONAL PRINTING PRESSMEN & ASSISTANTS' UNION OF NORTH AMERICA, AFL, PETITIONER. Case No. 39-RC-728. February 8, 1955 Supplemental Decision, Order, and Direction of Second Election On June 25, 1954, pursuant to the Board's Decision and Direction of Election,' an election by secret ballot was conducted under the di- rection and supervision of the Regional Director for the Sixteenth Region, among the employees in the unit heretofore found appropri- ate. At the conclusion of the election, a tally of ballots was furnished the parties. The tally shows that of approximately 42 eligible voters, 39 cast ballots, of which 12 were for the Petitioner, 21 were against the Petitioner, and 6 were challenged. On June 30, 1954, the Petitioner filed timely objections to conduct affecting the results of the election. In accordance with the Rules and Regulations of the Board, the Regional Director conducted an inves- tigation of the objections and, on July 26, 1954, issued and served on the parties his report on objections to conduct affecting results of elec- tion, in which he found merit in the Petitioner's objections, and recom- mended that the Board set aside the election. Thereupon the Em- ployer filed exceptions to the Regional Director's report. In his report, the Regional Director found that on the day before the election the Employer posted on its bulletin board a 7-page letter to the employees, and also placed copies of the letter on the desks of departmental foremen where they were picked up by the employees. The final paragraph of the letter reads as follows : The law of the land does not require the Rein Company after an election to negotiate its present benefits into the contract that the 3 Rein Company, 108 NLRB 598 111 NLRB No. 89.