General Electric Co.

GENERAL ELECTRIC COMPANY 805 General Electric Company (Clock and Timer Department) and International Union of Electrical Radio and Machine Workers, AFL-CIO, Petitioner. Case No. 1-RC-4741. July 03, 1957 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF SECOND ELECTION On March 8, 1957, under the direction and supervision of the Re- gional Director for the First Region, an election by secret ballot was conducted pursuant to a Decision and Direction of Election issued in this proceeding on February 14, 1957.1 After the election the Regional Director served upon the parties a tally of ballots which showed that of approximately 1,300 eligible voters, 1,254 cast ballots, of which 636 votes were for, and 569 were against, the Petitioner, 49 ballots were challenged, and 3 ballots were void. On March 15, 1957, the Employer filed timely objections to conduct affecting the results of the election. The Regional Director investi- gated the objections and, on April 22, 1957, issued and duly served upon the parties his report on objections in which he recommended that the objections be overruled. The Employer timely filed excep- tions to the Regional Director's report and a supporting brief. The Regional Director, on May 17, 1957, then issued and duly served upon the parties a supplemental report on objections. The Employer filed exceptions to the Regional Director's supplemental report. The Peti- tioner filed response to Employer's exceptions and brief, and the Employer filed comments on Petitioner's response to Employer's exceptions and brief. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Bean and Jenkins]. In its objections the Employer alleged, inter alia, that, "The ballot boxes were left unattended by Board agents during periods when voting was scheduled." In his report the Regional Director found that, during the voting, both Board agents conducting the election may have been absent, simultaneously, from the polling place. How- ever, he found no merit in the objection absent evidence that, in the absence of the Board agents, "the processes or proprieties of the elec- tion were subjected to tampering or perversion." The Employer thereafter claimed in the exceptions to the Regional Director's report "that blank ballots in a broken package as well as the ballot boxes were left unattended at the polling place while the Board agents absented themselves on at least three occasions. . . ." The Regional Director then noted in his supplemental report that, according to 1 Not reported in the printed volumes of Board Decisions and Orders. 118 NLRB No. 95. 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Employer's election observers, "during the absence of Board agents, [from the polling place during the election] . . . they did not notice any unused loose ballots on the table but there were some left in carton or packages there." One of the Board agents stated that, when he left the polling place unattended, "he took the ballots he was using with him, leaving the packaged ballots on the Registra- tion Table with the package flaps closed." The Regional Director stated there was no evidence "that any blank ballots were tampered with in any way, nor handled by any one other than the Board agent." We find upon such facts that, at least on one occasion, a covered, but unsealed, package of blank ballots was out of the control of the Board agents conducting the election. The Board has held that not- withstanding the absence of any evidence of impropriety with regard to blank ballots the failure of a Board agent to seal a package of unmarked ballots and his leaving the package unguarded during a time when access to the box was possible, constitutes a serious irregularity in the conduct of an election, sufficient to raise doubts concerning the integrity and secrecy of the election.2 Accordingly, we shall set aside the election and direct a new election.' [The Board set aside the election of March 8,1957.]4 [Text of Direction of Second Election omitted from publication.] 2 Hook Drugs, Inc., 117 NLRB 846. 3 The Board is aware that no timely objection was filed with respect to the unguarded blank ballots . However , the Board treats as an exception to its strict rule of timeliness of service of objections the situation where an election irregularity -such as that in- volved in this proceeding-is attributable to the Board's own agents. Accordingly, the Board has considered the issue of unguarded blank ballots in this case on its own motion. New York Telephone Co., 109 NLRB 788. 4 We accordingly do not pass upon any of the remaining objections to the election. Mountain States Woodworkers Association and Carpenters Dis- trict Council of Denver and Vicinity and Local Union No. 1583, Millmen, of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO and Brotherhood of Painters, Deco- rators and Paper Hangers of America, Local 79, AFL-CIO, Petitioners. Cases Nos. 30-RC-1309 and 30-RC-1315. July 24, 1957 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Allison E. Nutt, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with 118 NLRB No. 98.