American Granite Finishing Co.

In the Matter of AMERICAN GRANITE FINISHING COMPANY and INTER- NATIONAL UNION OF OPERA'DING ENGINEERS Case No. R-.084 SUPPLEMENTAL DECISION AND ORDER • December 20, 1940 On October 22, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled and other proceedings,' wherein the Board, among other things, directed that an election by secret ballot be conducted among all production employees of American Granite Finishing Company, Elberton, Georgia, a party to these proceedings, herein called the Company, excluding' employees eligible to membership in the Granite Cutters' Union and employees who are engaged in, a supervisory of clerical capacity, to determine whether or not they desired to be represented by International Union of Operating Engineers, a party to these proceedings, herein called the Union, for the purposes of collective bargaining;. Pursuant to the Direction of Elections, an election by secret ballot was conducted on November 20 under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). On November 23 the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. Therein he reported that the election was conducted in conformity with the Direction of Elections and that full oppor- tunity was accorded to all parties to participate therein and to make challenges; and certified that the election was fairly and im- partially conducted, that the ballots cast were duly and fairly counted under his supervision, and that statements to this effect 127 N: L. R. B. 1016 28,N. L. R. B, No. 110 739 413597-42-vo1 2S 4S 740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD signed by the tellers have been filed with him. As to the balloting and its results, the Regional Director reported as follows : Total number eligible-------------------------------------- 18 -Total ballots, cast-, ----------------------------------------- 18 Total number ballots cast for International Union of Operat- ing Engineers-------------------------------------------- 9 Total number ballots cast against International Union of Operating Engineers------------------------------------- 9 Total number challenged ballots---------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of blank ballots------------------------------ 0 On November 29 the Union filed with the Regional Director its. Objections to the conduct of the ballot and the Election Report. Therein it 'objected to the results of the balloting as reported by the Regional Director on the ground that two named persons who were listed as eligible voters and who cast their ballots allegedly against the Union were, for reasons set forth, clerical employees, within the meaning of the Direction of Elections, and therefore .were not eligible to participate in the election; and requested that said Objections be considered and investigated and that the Elec- tion Report be modified upon the basis thereof. On 'December 3 the Regional Director issued a Report on Objections, copies of which were duly served upon the parties, stating that he investigated the matters alleged in the Objections and setting forth the following findings ascertained as a result of his investigation : The representa- tive of the Union who acted as an observer at the election had access to the list of eligible voters and was instructed by the representa- tives-of the Board who conducted the election that he had the right to challenge the ballot of any employee named thereon whom he believed was ineligible-to vote. Although said observer was present 'when the two allegedly ineligible voters cast their ballots, he neither challenged their ballots nor objected to the inclusion of their names in the list of eligible voters. After the balloting was concluded he certified that the election was fairly and impartially conducted and that the ballots cast were duly and fairly counted. He made no objection regarding the eligibility to vote of the two employees mentioned above. We are of the opinion that under the circumstances set forth the Union has waived its right to oppose the election results upon the basis here urged. The Objections are overruled and the request that the Election Report be modified is hereby denied. The results of the election show that no statutory representative has been se- lected, and, accordingly, the petition and amended petition of the Union for investigation and certification of representatives of em- AMERICAN GRANITE FINISHING COMPANY 741 ployees of American Granite Finishing Company, Elberton, Georgia, will be dismissed. However, such dismissal shall not be construed as precluding the Union from filing at any time hereafter a petition for investigation and certification of representatives within the bargaining unit heretofore found herein to be appropriate, or within any other appropriate collective bargaining unit, provided that the Union submits to the Regional Director a showing of designation of itself as exclusive bargaining agency by a substantial number of the employees' in such unit. By virtue of Section 9 (c) of the National Labor Relations Act, 49' Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED that the petition and amended petition for investigation and certification of representatives of employees of American' Granite Finishing Company, Elberton, Georgia, filed by International Union of Operating Engineers be, and the same hereby are, dismissed. CHAIRMAN HARRY A. Minis took no part in the consideration`-of the^abov'e Supplemental Decision and Order.