Whiterock Quarries, Inc.

In the Matter Of WIIITEROCK QUARRIES, INC. and UNITED CEMENT, LIME & GYPSUM WORKERS INTERNATIONAL UNION No. 142, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case, No. R-2646, SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION October 24, 1941 On July 7, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled proceeding .l. Pursuant to the Direction of Election, an elec- tion by secret ballot was conducted on August 6, 1941, under the direc- tion and supervision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania). On September 8, 1941, the Regional Di- rector, 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 on the ballot. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list-------------------------------------- 206 Total ballots cast --------------------------------------------- 198 Total ballots challenged --------------------------------------- 10 (a) Challenged ballots determined eligible------------- 5 (b) Challenged ballots determined ineligible-------------- 5 Total blank ballots---------------------------.--------------- 0' Total void ballots------------------------------------------- 0 Total valid ballots cast-------------------------------------- 193 Votes cast for United Cement, Lime & Gypsum Workers Interna- tional Union No. 142, affiliated with the American Federation of Labor-------------------------------------------------- 97 Votes cast against United Cement, Lime & Gypsum Workers In- ternational Union No. 142, affiliated with the American Fed- eration of Labor------------------------------------------ '91 1 33 N. L. R. B., No. 34., 36 N. L. R. B., No. 79. 395 396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On October 2,1941, Whiterock Quarries , Inc., herein called the Com- pany, filed Objections to the Election Report and Conduct of Ballot. , On September 25, 1941, the Regional Director issued a Report on Objections. In.its Objections the Company objected to the conduct of the ballot, claiming that the secrecy of the ballot was violated by the counting procedure adopted by the Regional Director, and further objected to the Regional Director's ruling in finding that the challenges to the ballots of James C. Warnick, William H. Knoffsinger, and Robert B. Spencer, be sustained. It appears that subsequent to the counting of the ballots of em- ployees who voted at the polls , the ballots of men on military leave were opened in the presence of all parties , and that all of them cast their ballots against the Union, and it thereby became known which way all the men on military leave had voted. We find that under the circumstances , the method of counting impaired the secrecy of the ballot and that the Objections raise substantial and material issues with respect to the conduct of the election . Accordingly, we shall direct a new election. In view of our finding that another election shall be conducted it is unnecessary to direct that the Regional Director take any action with respect to the challenged ballots. However, for the guidance of the Regional Director in the conduct of the new election , we shall consider the Objections filed to his ruling on the challenged ballots. We find the objection of the Company to the Regional Director's ruling that the ballot of Warnick be not counted is without merit. As to the ballot of Knoffsinger , we find that Knoffsinger was eligible to vote because he falls, within the rules of eligibility laid down by the Board in its Decision and Direction of Election. We hereby sustain the Objection to the ruling of the Regional Director 'on the ballot of Knoffsinger and find his vote should have been counted . As to the ballot of Spencer, we make no ruling at this time because of the insuf- ficiency of facts with respect to his duties. SECOND DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by 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' DIRECTED that, as part of the investigation authorized by the Board to-ascertain representatives for the purposes of collective bargaining with Whiterock Quarries, Inc., Bellefonte, Pennsylvania, an election WHITEROCK QUARRIES INC. 397 by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction of Elec- tion, under the direction and supervision of the Regional Director for the Sixth Region, acting in this matter.as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direction of Election issued on July 7, 1941, excluding those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Cement, Lime & Gypsum Workers International Union No. 142, affiliated with the American Federation of Labor, for the purposes of collective bargaining. Mr..G=ARD D. REILLY took no part in the consideration of the above Supplemental Decision and Second Direction of Election.