Necco Sales Corp.

NECCO SALES CORPORATION 155 We shall, -therefore, reopenm the ,case, set aside the certification, and remand the case to the Regional Director for investigation of the issues raised by such objections. [The Board set aside the certification issued and reopened the case for further proceedings.] - [The Board directed that the Regional Director for the Sixteenth Region shall investigate the issues raised by the objections and shall prepare and serve upon the parties a supplemental report on objec- tions, and shall take such other action as may be,necessary, in accord- ance with the Rules and Regulations of the Board.] MEMBERS MunDCK and BEAN took no part in the consideration of the above Decision, Order, and Direction. Necco Sales Corporation and Candy ,and Confectionery Union,, Local 50, RWDSU, AFL-CIO, Petitioner. Case No. 2 RC-90f29. Goober 25, 195' DECISION AND- CERTIFICATION OF REPRESENTATIVES 'On August 22; 1957, pursuant to a'stipulatioi1 for certification upon consent, election, an election by secret ballot !was conducted under the direction and supervision of the Regional Director for the Second Region among the employees in the agreed appropriate unit. Follow- ing the election, the Regional Director served on the parties a tally of ballots, which, showed that of approximately' 5 eligible- voters, 5 cast ballots; of which 3 were cast -for and,2 were cast against the Petitioner. No ballots were challenged. On -August 27,- 1957, the Employer filed timely objections which alleged that : (1) Promptly after the results of the election were published, 3' of the 5 employees who had voted informed the Employer that they had intended to vote, and to the best of their knowledge had voted, against the Petitioner, and (2) apparently a mistake was made, in marking at-least 1' ballot and, thus, the result of the election does not represent the, true - wishes, at- the time of the election, of a majority of the employees-who voted. On September 1% 1957, the Regional Director filed his report on objections in which he recom- mended that the objections be overruled and that the Petitioner be certified as the exclusive representative of the employees in the ap- propriate unit. 'On, September 23, 1957, the ' Employer' filed excep- tions to the Regional Director's repprt. - - Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with -119 NLRR No. 28. 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD this case to a three-member panel [Chairman Leedom and Members Murdock and Jenkins]. The Board has reviewed the stipulation of the parties, the objec- tions, the Regional Director's report on objections, and the Employer's exceptions thereto. 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 organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at the Employer's Long Island City, New York, plant, excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act. 5. As noted above, the tally of ballots shows that, of the 5 valid ballots cast, 3 were cast for the Petitioner. The Employer, in support of its objections, submitted four signed statements from eligible voters. Two employees averred that they had voted "no." A third stated that he had intended to vote "no;" but in view of the election results, he was worried that he might have mistakenly voted "yes." The fourth employee claimed to have voted "yes," when he really wished to vote "no." The Regional Director found no-merit in the objections. A careful scrutiny of the ballots reveals no possible ambiguity with respect to each voter's intent and no question was raised as to any ballot at the time of the count. The designated observers certified that the election was fairly conducted and there is no indication that the voters were unduly rushed or handicapped in casting their ballots. Accordingly, we agree with the Regional Director's conclusion that the Employer's objections are without merit and, following his recom- mendation, we hereby overrule. them.' As the Petitioner received a majority of :the votes cast in the election, we shall certify it as rep- resentative of the employees in the appropriate unit. [The Board certified Candy and Confectionery Union, Local. 50, RWDSU, AFL-CIO, as the designated collective-bargaining repre- sentative of the employees of the Employer in the appropriate unit described in paragraph numbered 4.]. 1 1 Maliinckrodt Chemical Works, 79 NLRB 1399, 1400, footnote 2.