Toccoa Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 1, 1951

96 N.L.R.B. 1253 (N.L.R.B. 1951)

TOCCOA MANUFACTURING COMPANY 1253
TOCCOA MANUFACTURING COMPANY and INTERNATIONAL WOODWORKERS
OF AMERICA, CIO, PETITIONER. Case No. 10-RC-1f44. November
1"1951,
Supplemental Decision and Direction
On May 8, 1951, pursuant to a Board Decision and Direction of
Election, an election was held among certaint employees of Toccoa
Manufacturing Company at its plant in Toccoa, Georgia,' under the,
direction of the Regional Director for the Tenth Region. Thereafter,
a tally of ballots was furnished the parties, which showed that of
approximately 249 eligible voters, 237 cast valid ballots, of which 118
were,for and 119 against the Petitioner, 6 ballots were challenged, and
2 ballots were void.
On May -10, 1951, the Petitioner filed objections to the conduct of
the election, alleging that during and immediately prior to the election,
certain officers, agents, and employees of the Employer ' coerced, re-
strained, and interfered with the freedom of the employees in the
election. On May 14, 1951, the Employer filed objections alleging that
a Board agent conducting the election improperly interfered with the
conduct of the election and, by improper rulings, adversely affected
the results of the election., Thereupon, in accordance with the Board's.
Rules and Regulations, the Regional Director conducted an investiga-
tion and issued and duly served upon the parties his report on chal-
lenges and objections, in which he recommended : (1) that two chal-
lenged ballots be deemed void because each of them contained a
penciled cross in the box under "NO," while the word "YES" and the
box thereunder were completely obliterated,by penciled lines; (2) that
the challenges to the ballots of William Charles Purcell, Roy Harris,
Jesse Cox, and Ray Childs be overruled and, as their number is suffi-
cient to alter the results of the election, that they be opened and
counted; (3) that a decision as to the ballots of Bud Crump and Paul
Ledford, which were challenged by the Employer on the ground ,that
they were discharged prior to'the eligibility date, and whose discharges
have, been alleged by the Petitioner in Case No. 10-CA-1239 to be
discriminatory, be deferred until the opennin and counting of the
four ballots referred to in recommendation (2) ; and (4) that any
decision with respect to the Petitioner's objections be reserved until
10 days after the parties have been served with a revised tally of
ballots or'Board decision revealing'that the'challeimged ballots did not
alter the results of the election and, furthermore, that thereafter, un-
less withdrawn" within a, like period, the Petitioner's objections 'be
1 Although designated as "objections ." the' Employer in fact attacks the Board agent's
designation that two of the ballots , cast were void The status of these ballots is , discussed
hereinafter. ,
96 NLRB No, 184. '
974176-52-vol 96-SO '
1254 DECISIONS OF NATIONAL: LABOR RELATIONS BOARD
sustained, the election of May 8, 1951, be set aside, and a new election
be directed. The Employer filed exceptions to the Regional Director's
report. The Board has considered the report on challenges and ob-
jections, and the exceptions filed by the Employer, and hereby adopts
the Regional Director's recommendations except insofar as they are
inconsistent with this Decision and Direction.
The Employer excepted to the Regional Director's voiding of the two
ballots, contending that they should be counted as "NO" votes, as.the
markings in the "NO" boxes, when taken together with the oblitera-
tion of the "YES" boxes, indicated an unequivocal choice by the voters
not to be represented by the Petitioner. The instruction contained on
each ballot, however, directed the voter that if the ballot is spoiled
it should be returned to the Board agent for a new one, and it has long
been the Board policy to void ballots which are mutilated 2 Related
to this policy, and equally applicable here, are those decisions in which
the Board has held that any additional markings on a ballot which
may have been deliberately made and may serve to reveal the identity
of the voter invalidate the ballot.3 We agree with the Regional Direc-
tor's disposition of this matter. Accordingly, we find no merit in the
Employer's exception to this recommendation.
The Employer further excepted to the Regional Director's recom-
mendation that the Petitioner's objections be sustained, and a new
election directed, without a hearing on the issues raised. As we find
that the Petitioner's objections involve substantial and material issues
of fact which can best be resolved after a formal hearing, we do not
adopt this recommendation and shall make no ruling with respect to
the objections at this time. We shall first direct that the four chal-
lenged ballots be opened and counted 4 and, if their number does not
alter the results of the election, that the Regional Director then con-
duct a hearing to determine the issues raised by the Petitioner's
objections.
The Employer also excepted to the Regional Director's recom-
mendation with respect to the ballots of Bud Crump and Paul Ledford,
contending that it contains an implication that these persons were
employees within the meaning of the Act, or were discriminated
against by the Employer. We find no such implication in the recom-
mendation.
3 Whitinsville Spinning Ring Company, 93 NLRB 1201 ; Palmetto Cotton Mille, Inc.,
63 NLRB 421.
3 See Laconia Malleable Iron Company , Inc., 95 NLRB 161, and cases cited therein.
4 Neither the Employer nor the Petitioner excepted to the Regional Director's recom-
mendation that the ballots of Jesse Cox and Ray Childs be opened and counted. The
Petitioner, has excepted, however, to the opening and counting of the ballots of William
Charles Purcell and Roy Harris, whom the Board refused in its Decision and Direction
of Election to exclude from the unit as supervisors . As the Petitioner has submitted no
evidence to establish that there has been a change in the status of these individuals since
our prior determination, we accordingly adopt the Regional Director's recommendation
with respect to their ballots.
BILL DANIELS, INC. 1255
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Toccoa Manufacturing Com-
pany, Toccoa, Georgia,
IT IS HEREBY DIRECTED that the Regional Director for the Tenth
.Region shall, within ten (10) days from the date of this Direction,
open and count the challenged ballots cast by William Charles Purcell,
Roy Harris, Jesse Cox, and Ray Childs, and shall thereafter prepare
.and cause to be served upon the parties a supplemental tally of ballots,
including therein the count of these challenged ballots. In the event
these challenged ballots do not alter the results of the election, the
Regional Director shall cause a hearing to be conducted for the pur-
pose of determining the issues raised by the Petitioner's objections,
and shall thereafter prepare and serve upon the parties a report
resolving questions of credibility of witnesses and containing findings
of fact and recommendations to the Board as to the disposition of
the issues involved, and shall grant the parties 5 days after service
of the hearing officer's report to file exceptions thereto.
CHAIRMAN HERZOG and MEMBER MURDOCK took no part in the con-
sideration of the above Supplemental Decision and Direction.
BILL DANIELS, INC. and INTERNATIONAL UNION, UNITED AUTOMOBILE,
AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA
(UAW-CIO)
WALKER MOTORS, INCORPORATED and INTERNATIONAL UNION, UNITED
AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA (UAW-CIO). Cases Nos. 7-CA-471 and 7-CA-472.
November 2,1951
Decision and Order
On May 22, 1951, Trial Examiner Max M. Goldman issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondents had engaged in and were engaging in certain unfair
labor practices and recommending that they cease and desist therefrom
and take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. Thereafter, the Respondents
filed exceptions to the Intermediate Report and briefs in support
thereof.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel. [Chairman Herzog and Members
Reynolds and Murdock].
96 NLRB No. 191.