Choctaw Provision Co., Inc.

474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Choctaw Provision Company, Inc. and United Packinghouse Workers of America, AFL-CIO, Petitioner. Case No. 15-RC- 1745. December 17, 1958 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES Pursuant to a Decision and Direction of Election herein issued on March 10, 1958,1 an election by secret ballot was conducted, on March 31, 1958, under the direction and' supervision of the Re- gional Director for the ' Fifteenth Region, among the employees in the unit therein found appropriate by the Board. After the election, the Regional Director served upon the parties a tally of ballots which showed that of approximately 10 eligible voters, 10 ballots were cast, of which 6 were cast for, and 4 were cast against, the Petitioner. There were no challenged ballots. On April 7, 1958, the Employer filed timely objections to conduct affecting the results of the election. In accordance with the Board's Rules and Regulations, these objections were investigated and on October 9, 1958, the acting Regional Director issued and duly, served upon the parties his report on objections in which he found that the Employer's objections were without merit and did not raise sub- stantial or material issues affecting the results of the election. Ac- cordingly, he recommended that the objections be overruled and a certification of representatives be issued. Thereafter, the Employer filed timely exceptions to the Regional Director's report, with a memorandum in support of its exceptions. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Rodgers and Jenkins]. The Employer's objections allege in substance that:, (1)..the Peti- tioner's business agent campaigned and electioneered in and about the polling place for approximately 1 hour before the time set for the election; (2) during the voting period, the same agent entered the voting room, observed the proceedings and "presumably" elec- tioneered for the Petitioner; and (3) all the voters remained in the room where the election was conducted during, the entire period that the polling place was open. It contends that such action inter- fered with the conduct of the election and urges the Board to set it aside and direct a new election, or, in the alternative, remand the matter to the Regional Director for a hearing on the objections. As to objection 1, the Regional Director's investigation disclosed that the Petitioner's business agent spoke to some of the employees prior to the election but that there was no evidence to indicate that 1 Unpublished. 122 NLRB No. 69. CHOCTAW PROVISION COMPANY, INC. 475 he discussed the election or made any improper statements to them. The Employer argues that it seems inconceivable that the business agent would spend over an hour with the employees at the polling place immediately prior to the election for any other purpose than to electioneer. However, this is conjectural. None of the remarks were overheard by the Employer's representatives and the investiga- tion did not disclose the subject matter of the remarks. In the ab- sence of evidence of coercive statements or willful violations of the Board agent's instructions by the Petitioner's business agent, we do not feel justified in inferring that electioneering occurred, or that, if any did take place, it was serious enough to warrant setting the election aside.2 As to objection 2, the Regional Director's investigation disclosed that the Petitioner's business agent, on at least one occasion while the election was in progress, entered the room in which the voting took place, went to the water fountain for a drink of water, paused briefly, and departed without speaking to anyone. The Employer contends that his mere -presence in the voting area- in close proximity to the voting table should be sufficient grounds for setting aside the election. We do not agree. The investigation did not disclose any evidence, and none has been presented by the Employer, to show that the business agent made any remarks or engaged in any conduct while in the polling area which might have affected the secrecy of the ballot. We therefore find this objection without merit. As to objection 3, the investigation disclosed that the voting booths were located at one end of the warehouse and that after voting, some of the 10 eligible voters went to another part of the warehouse where they remained until the polls closed. As there has been no showing that the Petitioner engaged in any campaigning during the course of the election or in any other manner engaged in.conduct which interfered with the balloting. or which might have affected the secrecy of the ballot, we find this objection to be with- out merit.3 Under all the circumstances, we find in agreement with the Re- gional Director, that the objections do not raise substantial or mate- rial issues with respect to conduct affecting the results of the election, and the objections are hereby overruled. As the Petitioner has received a majority of the valid votes cast in the election, we shall certify it as the collective-bargaining. repre- sentative of the employees in the appropriate unit. [The Board certified United Packinghouse Workers of America, AFL-CIO, as the designated collective-bargaining representative of the employees in the unit heretofore found appropriate.] 2 See General Electric Company, 115 NLRB 306, 307. 3 See Deeco, Inc., 116 NLRB 990, 992; and Holmes & Barnes, Ltd., 114 NLRB 630, 631.