Gregg Moore Co., Inc.

GREGG MOORE CO., INC. Gregg Moore Co., Inc. and Bindery & Specialty Workers Union, Local 182, International Brotherhood of Bookbinders, AFL-CIO, Petitioner . Case 13-RC-1 1794 September 17, 1969 DECISION AND DIRECTION BY CHAIRMAN ,MCCULLOCH AND MEMBERS FANNING AND JENKINS Pursuant to a Stipulation for Certification upon Consent Election approved March 14, 1969, an election by secret ballot was conducted by the Regional Director for Region 13 on April 1, 1969, among employees in the stipulated unit. After the election, the parties were furnished a tally of ballots, of which 6 were for the Petitioner. 35 were for the Intervenor,' 24 were against the participating labor organizations, and 5 were challenged. The challenged ballots were sufficient in number to affect the results of the election No objections to the conduct of the election or to the conduct affecting the results of the election were filed by the parties. In accordance with the National Labor Relations Board Rules and Regulations, the Regional Director conducted an investigation and, on May 1. 1969, issued and duly served upon the parties his Report on Challenged Ballots. In his Report he recommended that the challenge to a ballot, in which "NO" had been marked in the "NEITHER" box, be sustained because, in his opinion, the intention of the voter is not clear. He further recommended that the challenges to the ballots of Geneva Pendleton, Bertha Henderson, Gloria Summerall, and Eloise Colbert be overruled, but that their ballots be opened and counted only in the event that the Board does not accept his recommendation that the challenge to the marked ballot be sustained, in which event their ballots would be determinative of the election, and that an appropriate certification issue. Thereafter, on May 15, 1969. the Regional Director issued and duly served upon the parties his Amendment to Report on Challenged Ballots, in which he amended the report by attaching thereto and incorporating therein a photocopy of the marked ballot. Intervenor filed timely exceptions to the Regional Director's Report and a supporting brief, and Employer filed timely exceptions to the Regional Director's Report and a supporting brief, together with an answering brief to Intervenor's exceptions and brief. Pursuant to the provisions of Section 3(h) of the National Labor Relations Act. as amended, the National Labor Relations Board has delegated its powers in connection with this case to a 'Chicago Mailers' Union No 2 483 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 purposes of the Act to assert jurisdiction herein. 2. The Petitioner and Intervenor are labor organizations claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of the 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 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 employees in the shipping and mailing departments employed at the Employer's Chicago, Illinois, plant. excluding maintenance employees, special services employees, fulfillment employees, lithographic production employees, office clerical employees, plant clerical employees, professional employees, guards and supervisors as defined in the Act and all other employees currently represented by labor organizations. 5. The Board has considered the Regional Director's Report and the Amendment thereto, the exceptions and briefs of the parties, and the entire record in the case, and hereby adopts the Regional Director's findings and recommendations as modified herein. While we agree with the Regional Director that the challenges to the ballots of Geneva Pendleton, Bertha Henderson, Gloria Summerall, and Eloise Colbert should be overruled, we do not agree with his recommendation that the challenge to the marked ballot should be sustained. The ballot used in the election was the customary one used in elections where two unions appear on the ballot. The 'voters were informed that "This ballot is to determine the collective-bargaining representative, if any, for the unit in which you are employed." Beneath this were instructions to "MARK AN 'X' IN THE SQUARE OF YOUR CHOICE." Beneath this were three boxes Petitioner's name appeared at the top of the left hand box, Intervenor's name appeared at the top of the center box, and the word "NEITHER" appeared at the top of the right hand box. Near the bottom of each box was a square. At the bottom of the ballot, the voters were instructed to "Fold and drop in the ballot box. If you spoil this ballot return it to the Board Agent for a new one." On the disputed ballot, the word "no" is written in the NEITHER box just below the word "NEITHER." Intervenor challenged this ballot. The Regional Director recommended sustaining the challenge because, in his opinion, the voter's intent is not clear. 178 NLRB No 78 484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We disagree. By appearing at the polls. and by casting a marked ballot, it appears that the voter did wish to register his preference. There are no markings in either of the boxes designating respectively Petitioner and Intervenor. By writing "no" in the "NEITHER" box, we believe that the voter indicated a desire to vote against any union representation.: Accordingly, we shall overrule the Regional Director and direct that the marked ballot be counted as a "NEITHER" vote. 'Marshall, Meadows & Stewart , Inc. 59 NLRB 1286, Fraser and Johnston Manufacturing Company. 105 NLRB 308 DIRECTION It is hereby directed that the Regional Director for Region 13, within 10 days from the date of this Decision and Direction, count the marked ballot as a "NEITHER" vote, open and count the ballots of Geneva Pendleton, Bertha Henderson, Gloria Summerall, and Eloise Colbert, prepare and cause to be served upon the parties a revised tally of ballots, and take such further action as may be appropriate under the circumstances.