Mountain States Woodworkers Association

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.3 [The Board set aside the election of March 8,1957.]4 [Text of Direction of Second Election omitted from publication.] 2 Hook Drugs, Inv., 117 NLRB 846. a 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. ' 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. MOUNTAIN STATES WOODWORKERS ASSOCIATION 807 this case to a three-member panel [Chairman Leedom and Members Murdock and Jenkins]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer.' 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The unit covered by the most recent collective-bargaining con- tract and established by a 10-year bargaining history, although con- sisting predominantly of employees possessing varying degrees of skill in the carpenter and cabinetmaker trade, constitutes in these plants the equivalent of a production and maintenance unit. Painters and hardwood finishers, and packers, craters, and shippers, as well as office clericals, truckdrivers, and supervisors have been excluded from the unit. The Employer would now include in the overall unit the painters and hardwood finishers, sought herein by the Painters as a separate unit, and the packers, craters, and shippers, sought by the Carpenters as part of its present unit. All parties agree to the continued exclusion of the office clericals, truckdrivers, and super- visors.' The Carpenters do not seek to represent the painters and hardwood finishers as part of the historical unit. The record establishes that the painters and hardwood finishers are a highly skilled and distinct craft group. As they are sought herein as a separate unit by a union which traditionally represents such craftsmen; have been excluded from the established plant unit; and, no union seeks to represent them as part of the overall unit, we find that they may constitute a separate appropriate unit.3 The packers, craters, and shippers perform a limited amount of carpentry work and have interests in common with employees in the overall unit. However, because they have been excluded from that unit over a long history of bargaining, we find that they constitute an unrepresented fringe group which is entitled to an opportunity by a self-determination election to express their desire to be included in the existing unit or to remain unrepresented.' Accordingly, in Case No. 30-RC-1315 we find that the following employees of the Employer in Denver, Colorado, constitute an asso- The Association is authorized to and has , among other functions , represented mem- bers in collective bargaining for their employees in a single unit. The individual com- panies currently included in the expiring contract and covered by the petitions filed herein are Ludwig & Patterson Co., Butler Fixtures & Mfg. Co., Pioneer Fixture Co., Blanch Millwork and Fixture Co., Federal Planing Mill, Bon-A-Wood Company, Modern Fixture Co., and Supreme Cabinet Co. 2 Adam.s Packing Asso,ciati.on, Inc., 116 NLRB 1645, and cases cited therein. 3 Stauffer Chemical Company of Nevada, 113 NLRB 1255, 1258. • The Zia Company, 108 NLRB 1134. 808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ciationwide unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All painters and hardwood finishers, their helpers, and apprentices, excluding all other employees and all supervisors as defined in the Act. In view of the foregoing, we shall also direct elections in Case No. 30-RC-1309 among the following groups of employees of members of the associationwide unit, Denver, Colorado, excluding from each voting group, employees in the unit described above: (a) All production and maintenance employees, excluding pack- ers, craters, and shippers, truckdrivers, office clericals, guards, and all supervisors as defined in the Act. (b) All packers, craters, and shippers, excluding all other em- ployees, and all supervisors as defined in the Act. If a majority of the employees in voting group (b) cast their ballots for the Petitioner seeking a unit consisting of both voting groups, they will be taken to have indicated their desire to constitute a part of the existing unit described in voting group (a) and their votes shall be pooled with those cast in voting group (a), in which event the Board finds that the combined voting groups constitute an appropriate unit, and the Regional Director shall issue a certification consistent with the results thereof. If a majority in voting group (b) cast their ballots against this Petitioner, they will be taken to have indicated their desire to remain outside the existing unit, and the Regional Director will issue a certificate of results of election to that effect. [Text of Direction of Elections omitted from publication.] Max Factor & Company and Beatrice Deobler, Madeleine Simeone, Doris Wilcox, Ellen Wadleigh, Ursella Wadleigh, Marie June Park, Gladys Heiser, Lola Gandio, Ethel Bradley, Carmen Villagran, Jeannette Barnes, Pauline Owings, Sonja Hoover, Helen Baker, Esther Tward and Hazel Cobbley International Brotherhood of Teamsters , Local 986, AFL-CIO and Beatrice Deobler, Madeleine Simeone, Marie June Park, Gladys Heiser, Lola Gandio, Ellen Wadleigh , Ursella Wadleigh, Doris Wilcox, Ethel Bradley, Carmen Villagran, Jeannette Barnes, Pauline Owings, Sonja Hoover, Helen Baker, Esther Tward and Hazel Cobbley. Cases Nos. 21-CA-2491 and 21-CB- 810. July 25,1957 DECISION AND ORDER Upon charges filed on May 28, 1956, by Beatrice Deobler, Madeleine Simeone, Doris Wilcox, Ellen Wadleigh, Ursella Wadleigh, Marie 118 NLRB No. 97.