F. E. Booth & Co.

In the Matter of F. E. BooTH & COMPANY, CALIFORNIA PACKING CORPORATION, CARMEL CANNING COMPANY, CUSTOM HOUSE PACKING CORPORATION, DEL MAR CANNING COMPANY, E. B. GROSS CANNING COMPANY, HOVDEN FOOD PRODUCTS CORPORATION, MONTEREY CAN- NING COMPANY, SAN CARLOS CANNING COMPANY, SAN ZANIER FISH PACKING COMPANY, SEA PRIDE PACKING CORPORATION, LTD. and MONTEREY BAY AREA FISH WORKERS UNION No. 23 Cases Nos. R-1181 to R-1191, inclusire CERTIFICATIONS OF REPRESENTATIVES October 19, 1939 On January 31, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled proceeding. On February 6, 1939, the Board issued an Amendment to Direction of Elections.2 The Direction of Elec- tions, as amended, provided that separate elections by secret ballot be conducted within fourteen (14) days from the date of the Amend- ment, in accordance with the principles enunciated in Section VIII of the Decision, among the employees of F. E. Booth -Company, Inc., California Packing Corporation, Carmel Canning Company, Custom House Packing Corporation, Del Mar Canning Company, E. B. Gross Canning Company, Hovden Food Products Corporation, Monterey Canning Company, San Carlos Canning Company, San Xavier Fish Packing Company, and Sea Pride Packing Corporation, Ltd., respec- tively, herein collectively called the Companies, who work at Mon- terey and Moss Landing, including maintenance men but excluding all watchmen, teamsters, nurses, office and clerical employees, execu- tives, foremen, foreladies, assistant foremen, and assistant foreladies, to determine whether they desired to be represented by Monterey Bay Area Fish Workers Union No. 23, herein called Local No. 23, affiliated with the Congress of Industrial Organizations, or by Can- nery Workers Union, Local No. 20986, herein called Local No. 20986, 110 N. L. It. B. 1491. 211 N. L. R. B. 37. 16 N. L. R. B., No. 16. 149 150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD affiliated with the American Federation of Labor, for the purposes of collective bargaining , or by neither. On February 4, 1939, Local No. 23 protested that since the Board's Decision and Direction of Elections permitted the participation in the elections of employees hired after November 20, 1938 , when Local No. 23 called a strike, and since such employees were therefore strike- breakers, they should not be permitted to vote.' On the same day, upon notice to all parties , the Board instructed the Regional Director to segregate the ballots of all voters who were not employed by any of the Companies at any time between the period from August 1 to November 20, 1938, and announced that it would defer the disposi- tion of the protest of Local No. 23 until after the conduct of the elections. On February 9, 1939, the Companies moved the Board that the, Decision and Direction of Elections be amended in certain particu- lars and that the counting of the ballots be postponed pending such amendments . On the same day the Board denied the motion with- out prejudice to the renewal thereof after the conduct of the elections. Pursuant to the Direction of Elections , as amended, elections by secret ballot were conducted on February 14, 15, and 16, 1939, at Monterey, California, under the direction and supervision of the Regional Director for the Twentieth Region. On February 24, 1939, Local No. 20986 moved the Board that the Decision and Direction of Elections be amended in certain particu- lars, and on February 25, 1939, the Companies renewed their motion of February 9, 1939, referred to above. By orders dated March 1, 1939, the Board denied these motions. On March 10, 1939, the Regional Director , acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended , issued her Intermediate Report -upon Secret Ballot with respect to the conduct of each election, copies of which were duly served upon all parties having an interest in the balloting. As to the balloting and the results thereof, the Regional Director reported as follows: 4 F. E. BOOTH COMPANY, INC. Total number eligible to vote________________________________ 236 Number of votes for Local No. 23____________________________ 34 Number of votes for Local No. 20986_________________________ 95 3 The Decision and Direction of Elections provided inter alia that All workers in the appropriate units who were employed by one or more of the Companies on 6 days during the period from August 1, 1938, to January 31, 1939, shall be eligible to participate in the elections." 4 Pursuant to instructions from the Board, the Regional Director did not count the segregated ballots. F. E. BOOTH & COMPANY Number of votes for neither ---------------------------------- 1 Total number of votes counted-------!-- -- ---- ---------------- 130 Number of segregated ballots------------------------------ 18 Number of challenged ballots-------------------------------- 6 Number of void ballots------------------------------------- 2 Number of blank ballots------------------------------------ 0 CALIFORNIA PACKING CORPORATION Total number eligible to vote-------------------------------- 296 Number of votes for Local No. 23---------------------------- 45 Number of votes for Local No. 20986------------------------- 122 Number of votes for neither--------------------------------- 0 Total number of votes counted------------------------------- 167 Number of segregated ballots-------------------------------- 16 Number of challenged ballots-------------------------------- 9 Number of void ballots-------------------------------------- 3 Number of blank ballots------------------------------------ 0 CARMEL CANNING COMPANY Total number eligible to vote-------------------------------- 128 Number of votes for Local No. 23---------------------------- 22 Number of votes for Local No. 20986------------------------- 54 Number of votes for neither--------------------------------- 0 Total number of votes counted------------------------------- 76 Number of segregated ballots-------------------------------- 6 Number of challenged ballots-------------------------------- 2 Number of void ballots-------------------------------------- 1 Number of blank ballots------------------------------------ 1 CUSTOM HOUSE PACKING CORPORATION Total number eligible to vote------------------------------ 199 Number of votes for Local No. 23--------------------------- 35 Number of votes for Local No. 20986------------------------ 42 Number of votes for neither-------------------------------- 0 Total number of votes counted------------------------------ 77 Number of segregated ballots------------------------------ 14 Number of challenged ballots------------------------------- 13 Number of void ballots------------------------------------ 0 Number of blank ballots----------------------------------- 0 DEL MAR CANNING COMPANY Total number eligible to vote-------------------------------- 400 Number of votes for Local No. 23--------------------------- 61 Number of votes for Local No. 20986----------------------- 152 Number of votes for neither------------------------------- 1 Total number of votes counted------------------------------ 214 Number of segregated ballots------------------------------ 33 Number of challenged ballots------------------------------ 1 Number of void ballots------------------------------------ 0 Number of blank ballots----------------------------------- '0 247383-40-vol. 16---11 151 152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD E. B. GROSS CANNING COMPANY Total number eligible to vote _______________________________ 256 Number of votes for Local No. 23 ___________________________ 43 Number of votes for Local No. 20986_______________________ 76 Number of votes for neither _______________________________ 1 Total number of votes counted_____________________________ 120 Number of segregated ballots______ _________________________ 19 Number of challenged , ballots__ _____________________________ 4 Number of void ballots ____________________________________ 0 Number of blank ballots 0 HOVDEN FOOD PRODUCTS CORPORATION Total number eligible to vote_____________________________ 390 Number of votes for Local No. 23____________________________ 53 Number of votes for Local No. 20986_______________________ 204 Number of votes for neither_________________________________ 0 Total number of votes counted_____________________________ 257 Number of segregated ballots --------------- _----------------- 2 Number of challenged ballots_______________________________ 10 Number of void ballots____________ ------------ ------ ------------------- 0 Number of blank ballots___________________________________ 0 MONTEREY CANNING COMPANY Total number eligible to vote_______________________________ 136 Number of votes for Local No. 23___________________________ 37 Number of votes for Local No. 20986________________________ 58 Number of votes for neither________________________________ 0 Total number of votes counted_____________________________ 95 Number of segregated ballots_______________________________ 2 Number of challenged ballots_______________________________ 2 Number of void ballots____________ ------------------------------------ 0 Number of blank ballots___________________________________ 0 SAN CARLOS CANNING COMPANY Total number eligible to vote________________________________ 298 Number of votes for Local No. 23____________________________ 54 Number of votes for Local No. 20986_________________________ 125 Number of votes for neither_________________________________ 0 Total number of votes counted_______________________________ 179 Number of segregated ballots________________________________ 17 Number of challenged ballots________________________________ 0 Number of void ballots______________________________________ 2 Number of blank ballots____________________________________ 0 SAN XAVIER FISH PACKING COMPANY Total number eligible to vote__ ______________________________ 207 Number of votes for Local No. 23 ____________________________ 43 Number of votes for Local No. 20986 _________________________ 88 Number of votes for neither___ ______________________________ 1 Total number of votes counted______________________________ 132 Number of segregated ballots ________________________________ 20 F. E. 1300TH & COMPANY 153 Number of challenged ballots------------------------------- 4 Number of void ballots-------------------------------------- 1 Number of blank ballots------------------------------------ 0 SEA PRIDE PACKING CORPORATION, LTD. Total number eligible to vote-------------------------------- 302 Number of votes for Local No. 23____________________________ 55 Number of votes for Local No. 20986_________________________ 117 Number of votes for neitber--------------------------------- 1 Total number of votes counted ------------------------------ 173 Number of segregated ballots -------------------------------- 17 Number of challenged ballots ________________________________ 10 Number of void ballots-------------------------------------- 0 Number of blank ballots ____________________________________ 0 Except as noted below with respect to the tabulation of the ballots cast in the election among the employees of Custom House Packing Corporation, the challenged ballots were neither counted nor ruled upon by the Regional Director since they could not have materially affected the results of the elections. On March 21, 1939, Local No. 23 filed with the Regional Director, pursuant to an extension of time granted therefor, "Objections to Intermediate Report and Petition for-Hearing" with respect to the conduct of each of the elections. These Objections are considered infra. On September 28, 1939, the Regional 'Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the interested parties a Supplementary Intermediate Report upon Secret Ballot with respect to the election among the employees of Custom House Packing Corporation.5 The Regional Director therein reported that Local No. 23 had challenged the right to vote of the following: J. F. Hodapp on the ground that he was employed as a watchman, Ann Abbey and George Wood on the ground that they did not work the number of days necessary for eligibility to participate in the elec- tion, Maryon Dean on the ground that she was employed as a fore- lady, Emory Consol on the ground that he was employed as a fore- man, and Manuel Diaz on the ground that he was employed as a truck driver; that Local No. 20986 had challenged the right to vote of Peter Bajot on the ground that he was employed as a watchman, and T. E. Maguire on the ground that he had voluntarily left his employment; that Local No. 20986 and the Company had challenged the right to vote of Mary Loftus on the ground that she had volun- 6 The Supplementary Intermediate Report upon Secret Ballot was so entitled since it supplemented the Intermediate Report upon Secret Ballot which was issued pursuant to Series 1 of the Rules and Regulations . The corresponding Article and Section of Series 2 of the Rules and Regulations which became effective on July 14 , 1939 , calls for the issuance in the first instance of an Election Report. The Supplementary Intermediate Report conformed to the pertinent Article and Section of said Series 2 of the Rules and Regula- tions, and thus corresponded to a Supplementary Election Report. 154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tarily left her employment; and that the Company had challenged the right to vote of Antoinetta Seremino and A. Al. Lewis on the ground that they had been discharged for cause, and Pat Adams and Frank Gonzales on the ground that they had voluntarily left their employment. The Regional Director found that the ballots of Peter Bajot and J. F. Hodapp were properly challenged and that the ballots of Pat Adams, Frank Gonzales, Mary Loftus, Antoinetta Seremino, A. M. Lewis, T. E. Maguire, Ann Abbey, Maryon Dean, Emory Consol, George Wood, and Manuel Diaz were improperly challenged. She accordingly ruled that the ballots which were improperly challenged should be counted. No objections or exceptions to the Supplementary Intermediate Report were filed by any of the parties. The rulings of the Regional Director upon the challenged ballots are hereby affirmed. On October 3, 1939, the Regional Director, in the presence of ob- servers for the interested parties, opened the ballots improperly chal- lenged and issued a "Certification on Counting and Tabulation of Challenged Ballots" which was signed by said observers. With respect to the counting and tabulation of the ballots the Regional Director reported as follows : Number of votes for Local No. 2a____________________________ 7 Number of votes for Local No. 20986_________________________ 4 Number of votes for neither_________________________________ 0 Total number of votes counted_______________________________ 11 Number of blank ballots _____________________________________ 0 Number of void ballots______________________________________ 0 There remains for disposition the segregated ballots of the em- ployees who were permitted to vote over the protest of Local No. 23. As indicated above, these employees had received employment for the first time after the members of Local No. 23 had gone out on strike on November 20, 1938. From the employment situation existing in the industry on that date which marked approximately the midpoint of the season, it is obvious that these employees were hired to replace the strikers. Accordingly their ballots shall not be counted.6 Thus the final tabulation of the ballots cast in the election among the employees of Custom House Packing Corporation is as follows : Total number eligible to vote________________________________ 185 Number of votes for Local No. 23___________________________ 42 Number of votes for Local No. 20986 ________________________ 46 Number of votes for neither________________________________ 0 Total number of votes counted______________________________ 88 Number of ballots properly challenged_______________________ 2 Number-of void ( segregated ) ballots________________________ 14 Number of blank ballots______ ______________________________ 0 6 Matter of A. Sartorius & Co., Inc. and United Mine Workers of America, District 50, ,Local 12090, 10 N. L. R . B. 493. T. E. BOOTH & COMPANY 155 As noted above, Local No. 23 had filed with the Regional Director "Objections to Intermediate Report and Petition for Hearing" with respect to the conduct of each election. As grounds for its objections Local No. 23 charged in substance (1) that the Companies engaged in a campaign to restrain their employees from voting for Local No. 23 and to influence them to vote for Local No. 20986; (2) that the Companies and Local No. 20986 conspired and engaged in unlawful electioneering at the polls in order to discourage the employees from casting ballots for Local No. 23; (3) that the Companies in the fore- going and other ways contributed assistance and support to Local No. 20986; (4) that the lists of employees eligible to participate in the elections were inaccurately compiled to the prejudice of Local No. 23; and (5) that Board agents at the polls engaged in various forms of improper conduct which had the effect of discouraging voters from casting their ballots for Local No. 23. Appended to the Objections was a petition for a hearing upon the charges contained therein. On October 6, 1939, after conducting an investigation of the Objec- tions, the Regional Director issued and duly served upon the parties a Report on Objections which found that the Objections raised sub- stantial and material issues with respect to the conduct of the elec- tions and recommended that a hearing thereon be directed. Although the Report on Objections indicates that the elections were conducted in a manner which permitted at the polling place the infusion of the intense rivalry prevailing between the two labor organizations, we are not satisfied that the results of the elections were materially affected. It is plain from the Report on Objections that the investigation conducted by the Regional Director and pur- porting to sustain the Objections was directed almost exclusively to the sources made available by Local No. 23. In the light of these circumstances we are constrained to place less than complete reliance upon the Report on Objections and to weigh in the balance the Cer- tificates on Conduct of Elections which were signed by the repre- sentatives of the respective parties, including the representatives of Local No. 23, immediately following the balloting and on the basis of which the Regional Director certified in the Intermediate Reports upon Secret Ballot that the elections were fairly and impartially conducted. We are thus left to speculate upon objections which under the circumstances raise no more than a suspicion that the results of the elections do not reflect the untrammeled desires of the employees. Furthermore, we must take into consideration the seasonal nature of the business of the Companies and the long period of time which has elapsed since these proceedings were instituted. The operations 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the Companies extend from August of each year to February of the following year. The petitions in these cases were filed in No- vember 1938. In our Decision and Direction of Elections we found that the petitions raised questions concerning the representation of employees for the current season which will terminate in February 1940. It is thus apparent that no useful purpose would be served by further extending the investigation of representatives and depriving the employees involved of the fruits of collective bargaining for the remainder of this season on the basis of objections which, under the circumstances of this case, are not satisfactorily supported. We conclude that the Objections do not raise substantial and material issues -with respect to the conduct of the ballots. The petition for hearing is accordingly denied and we shall issue certifications based upon the results of the elections as tabulated above. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of F. E. Booth Company, Inc., who work at Monterey and Moss Landing, including maintenance men but excluding all watchmen, teamsters, nurses, office and clerical employees, executives, foremen, foreladies, assistant foremen, and assistant foreladies, as their representative for the purposes of collective bargaining and that, pursuant to the provi- sions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of California Packing Corporation who work at Monterey and Moss Landing, including maintenance men but excluding all watchmen, teamsters, nurses, office and clerical employees, executives, foremen, foreladies, assistant foremen, and assistant foreladies, as their representative for the purposes of collective bargaining and that, pursuant to the pro- visions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of em- ployment, and other conditions of employment. F. E. BOOTH & COMPANY 157 IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of Carmel Canning Company who work at Monterey and Moss Landing, in- chiding maintenance men but excluding all watchmen, teamsters, nurses, office and clerical employees, executives, foremen, foreladies, assistant foremen, and assistant foreladies, as their representative for the purposes of collective bargaining and that, pursuant to the pro- visions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of air such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of the Custom House Packing Corporation who work at Monterey and Moss Land- ing, including maintenance inen but excluding all watchmen, teamsters, nurses, office and clerical employees, executives, foremen, foreladies, assistant foremen, and assistant foreladies, as their repre- sentative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of Del Mar Canning Company who work at Monterey and Moss Landing, in- cluding maintenance men but excluding all watchmen, teamsters, nurses, office and clerical employees, executives, foremen, foreladies, assistant foremen, and assistant foreladies, as their representative for the purposes of collective bargaining and that, pursuant to the pro- visions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of E. B. Gross Canning Company who work at Monterey and Moss Landing, including maintenance men but excluding all watchmen, teamsters; 158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD nurses,. office and clerical employees , executives, foremen, foreladies, assistant foremen, and assistant foreladies , as their representative for the purposes of collective bargaining and that, pursuant to the pro- visions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of Hovden Food Products Corporation who work at Monterey and Moss Land- ing, including maintenance men but excluding all watchmen, team-, sters, nurses, office and clerical employees, executives , foremen, fore- ladies, assistant foremen, and assistant foreladies , as their represent- ative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union , Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of Monterey Canning Company who work at Monterey and Moss Landing, in- cluding maintenance inen but excluding all watchmen , teamsters, nurses, office and clerical employees, executives, foremen , foreladies, assistant foremen, and assistant foreladies , as their representative for the purposes of collective bargaining and that, pursuant to the pro- visions of Section 9 (a) of the Act, Cannery Workers Union, "Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages , hours of em- and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of San Carlos Canning Company who work at Monterey and Moss Landing, in- cluding maintenance men but excluding all watchmen , teamsters, nurses, office and clerical employees , executives , foremen, foreladies, assistant foremen, and assistant foreladies , as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is F. E. BOOTH: & COMPANY 159 the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages , hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union , Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of San Xavier Fish Packing Company who work at Monterey and Moss Landing, including maintenance men but excluding all watchmen, teamsters , nurses, office and clerical employees, executives , foremen, foreladies, assistant foremen , and assistant foreladies, as their repre- sentative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all ' such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that Cannery Workers Union , Local No. 20986, affiliated with the American Federation of Labor has been designated and selected by a majority of the employees of Sea Pride Packing Corporation, Ltd.; who work at Monterey and Moss Land- ing, including maintenance men but excluding all watchmen, team- sters, nurses, office and clerical employees, executives, foremen, foreladies, assistant foremen, and assistant foreladies , as their repre- sentative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Cannery Workers Union, Local No. 20986, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment , and other conditions of employment. Mn. EDWIN S . SMITH, dissenting : I am unable to subscribe to the opinion of the majority in this proceeding. Serious charges have been brought which, if substan- tiated, would invalidate the results of the elections . The Report on Objections plainly establishes a prima facie case that some of the employers had unlawfully interfered with the conduct of the elections and had sought to coerce their employees in the choice of bargaining representatives. There,is also a prima facie showing that the Board agents who supervised the balloting did not display the strict impar- tiality essential to the proper conduct of elections . Although the Regional Director's investigation , upon . which the Report on Objec- tions is predicated, may not have been exhaustive , I strongly feel that the Board is not justified in assuming that a more thorough investigation would have disclosed evidence to controvert fully the 160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD charges made in the Objections. In reaching their decision the majority has necessarily made such an assumption. I fully appreciate that the long delay between the conduct of the elections and the issuance of the Report on Objections has operated to the prejudice of the winning union. Shortly after the date of the elections, however, the canning season ended and the employees in- volved dispersed to seek employment elsewhere along the `Vest Coast. Considering the attendant handicaps and especially the un- availability of witnesses, it cannot be said that the investigation con- ducted by the Regional Director was unduly prolonged. In any event the Board should not.permit a lapse of time to operate to validate an invalid election. I would authorize the conduct of a hearing on the Objections or, in the alternative, remand the Report on Objections to the Regional Director with the direction that a further investigation be prosecuted. The Board has tried to fortify its election machinery with every possible safeguard to insure the accuracy and dependability of elec- tions in reflecting the full freedom of expression by employees in their choice of bargaining representatives. The Board has followed the policy of requiring scrupulous adherence to the standards it has prescribed. I feel that the decision of the majority in this proceed- ing marks a dangerous and undesirable departure from this policy.