Athbro Precision Engineering Corp.

966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Athbro Precision Engineering Corp. and International Union of Electrical, Radio and Machine Workers, AFL-CIO, Petitioner. Case I-RC-9469 August 1, 1967 DECISION, ORDER , AND DIRECTION OF SECOND ELECTION By MEMBERS FANNING,JENKINS, AND ZAGORIA Pursuant to a stipulation for certification upon consent election, an election by secret ballot was conducted on May 3, 1967, under the direction and supervision of the Regional Director for Region 1 among the employees in the stipulated unit described below. At the conclusion of the balloting, the parties were furnished with a tally of ballots which showed that of approximately 41 eligible voters, 39 ballots were cast, of which 20 were for, and 18 against, the Petitioner, and I ballot was chal- lenged. The challenged ballot cannot affect the re- sults of the election. Thereafter, the Employer filed timely objections to the conduct of the election.' In accordance with the National Labor Relations Board Rules and Regulations, the Regional Director conducted an investigation and, on June 1, 1967, issued and duly served upon the parties his Report on Objections in which he recommended that the Employer's objections be overruled in their entirety and that Petitioner be certified as col- lective-bargaining representative of the employees involved. Thereafter, the Employer filed timely ex- ceptions to the Regional Director's Report and a supporting brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its powers in connection with this case to a three- member panel. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the pur- poses of the Act to assert jurisdiction herein. 2. The Petitioner is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists con- cerning the representation 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 parties stipulated, and we find, that the following unit constitutes an appropriate unit for the purposes of collective bargaining within the mean- ing of Section 9(b) of the Act: Incorrectly categorized by the Regional Director as objections to con- duct affecting the results of the election 2 An election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region I within 7 days after the date of issuance of the notice of second election by the Regional Director The Regional Director shall All production and maintenance employees of the Employer at its place of business in Sturbridge, Massachusetts, excluding office clerical employees, professional employees, supervisors, and guards as defined in the Act. 5. The Board has considered the Regional Director's Report, the recommendations, and the entire record in this case, including the Employer's exceptions and supporting brief, and hereby makes the following findings: The election was conducted at the Employer's plant, from 2:30 p.m. to 3 p.m., and from 7 p.m. to 7:30 p.m. Shortly after the close of the first polling period, an employee (who had already voted) ob- served the Board Agent in charge of the election drinking beer with one of the Union's representa- tives in a cafe located about a mile from the plant. The employee reported the incident to the Em- ployer. The Employer does not claim any violation of the integrity of the ballot box, nor does it claim that the conduct of the Board Agent had any effect upon the four employees who later voted. Rather, it objects that the behavior of the Board Agent gave an ap- pearance of irregularity to the conduct of the elec- tion, thus departing from the standards of integrity which the Board seeks to maintain. The Regional Director, while observing that a Board Agent in charge of an election should not fraternize with a representative of one of the parties in the interim between two balloting periods, nevertheless did not recommend setting aside the election. Although the Board Agent's conduct did not affect the votes of employees, we do not agree that this is the only test to apply. The Board in conducting representation elections must maintain and protect the integrity and neutrali- ty of its procedures. The commission of an act by a Board Agent conducting an election which tends to destroy confidence in the Board's election process, or which could reasonably be interpreted as impugn- ing the election standards we seek to maintain, is a sufficient basis for setting aside that election. In the circumstances of this case we hereby sustain the Employer's objections. Accordingly, we shall set aside the election and direct that a second election be held. ORDER IT IS HEREBY ORDERED that the election con- ducted herein on May 3, 1967, be, and it hereby is, set aside. [Direction of Election2 omitted from publication.] make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraor- dinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed Excelsior Underwear Inc., 156 NLRB 1236 166 NLRB No. 116