Edward J. Schlachter Meat Co., Inc.

National Labor Relations Board - Board Decisions

Sep 18, 1952

100 N.L.R.B. 1171 (N.L.R.B. 1952)

EDWARD J. SCHLACRTER MEAT CO., INC. 1171
EDWARD J. SCHLACHTER MEAT CO., INC., PETITIONER and AMALGAMATED
MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL
UNION No. 7, AFL. Case No. 9-RM-70. September 18, 1950
Supplemental Decision , Order, and Second Direction of Election
Pursuant to a Decision and Direction of Election issued herein on
April 3, 1952,1 an election by secret ballot was conducted on May 9,
1952, under the direction and supervision of the Regional Director
for the Ninth Region, among the employees in the unit found appro-
priate by the Board. Following the election, a tally of ballots was
furnished the Employer.2 The Amalgamated Meat Cutters and
Butcher Workmen of North America, Local Union No. 7, AFL, here-
ipafter called. the Union, had no authorized observer present at the
election. Accordingly, on May 13,1952, the Regional Director served
a copy of the tally of ballots upon the Union.
The Union on May 13,1952, addressed a letter to the General Coun-
sel of the-National Labor Relations Board in which, in substance, it
requested a review of the action taken by the Regional Director in
disposing of certain unfair labor practice charges and in holding the
representation election at a time when a pending charge of 8 (a) (2)
violation remained uninvestigated. The Regional Director, by letter
dated May 16, 1952, informed the Union that any objections td the
election must be filed in accordance with the Rules and Regulations.
The Union made no reply. On June 20, 1952, the Regional Director
issued and duly served upon the parties a report on objections, in
which he made no recommendation, but reported the facts surround-
ing the holding of the election and referred the matter to the Board
for consideration.
After the Board's Decision directing an election the Union, on
April 10, 1952, filed unfair labor practice charges alleging discrimina-
tory discharge.3 Since this charge was unwaived, an extension of
7 days' time for conducting the election was granted 4 so that investi-
gation of the charges could be completed prior to the balloting. In-
vestigation of this charge by the Regional Office failed to disclose
merit and on May 5, 1952, the charge was dismissed. On the same
day, the Regional Director proceeded to make arrangements for the
1 Edward J . Schlachter Meat Co., Inc.; Case No. 9-RM-70, April 3, 1952, not reported
in printed volumes of Board decisions.
2 The tally of ballots showed that of, approximately 10 eligible voters, 6 cast valid ballots,
all of which were cast against the Union.
• Case No. 9-CA-541.
4 Edward J. Schlachter Meat Co., Inc., Case No. 9-RM-70, Order Amending Direction of
Election , issued April 30, 1952, not reported in printed volumes of Boatd decisions.
100 NLRB No. 184.
227260-53-vol . 100--75
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conduct of the election on May 9, 1952. The Union, although con-
sulted, refused to participate in any manner in arranging for the elec-
tion. Protesting the holding of the election, it filed a second unfair
labor practice, charge, alleging violations of Section 8 (a) (1) and
(2) of the Act .5 The Regional Director refused to delay the election
further because of the latter charge which remained uninvestigated,
and conducted the election on Friday, May 9, 1952. Subsequent to
the election the Regional Director investigated the latest charges and
a settlement agreement was entered into with the Employer, and
notices posted.
The Union questions the propriety of the Regional Director's action
in conducting the election in the face of a pending and uninvestigated
unfair labor practice charge. Clearly the issue here was not brought
to the attention of the Board by means of the established procedure
for raising objections to the conduct of an election, and under ordi-
nary circumstances should not be accorded any consideration e How-
ever, as the primary objective of the Board is to make certain that
every election held under Board auspices is conducted fairly and prop-
erly, and that the results represent freely expressed desires of em-
ployees, we must, on our own motion, occasionally investigate and
consider allegations of interference or irregularity when it seems
necessary to do so, regardless of how the matter comes to our attention.'
' ;To,' provide and safeguard the laboratory in which an election ex-
periment `rnay' be conducted, the Board has administratively estab-
lished'' certain standards. Thus it has been the Board's established
PQlicY,. based on experience, not to conduct representation elections,
_l iile,'unresolved unfair labor-practice charges are pending, unless
waived or filed under circumstances not present in this cases The
charge involved in the present proceeding involved Section 8 (a) (2)
of the Act, and was hot subject to waiver under Board policy. It
appears that the charge was filed sufficiently long before the scheduled
election to permit the Regional Director to postpone the election with-
out serious inconvenience to either .the Board or the parties to the
proceeding. Because of these facts, we regard the departure from
Board policy in the instant case to have been sufficiently serious to
Case No. 9-CA-554.
See R cf R News Co -inpanay, 92 NLRB 1134; Beacon Mfg Co, 94 NLRB 881; National
Carbon Company, 99 NLRB 774; Freeport Gas Coal Co , 99 NLRB 949
7 See Underwood Machinery Company, et at., -74 NLRB 641, and cases cited therein ,
Worthington Pump and Machinery Corporation , 99 NLRB 189 Cf. North American Av¢a-
tlon, Inc, 81 NLRB 1046.
8 Cf. Columbia Pictures Corporation, 81 NLRB 1311; Association of Motion Picture
Producers , Inc., 88 NLRB 521.
CAPITAL TRANSIT COMPANY 1173
require that the election be conducted again .9 Under the circum-
stances, we shall set the election aside and direct that a new election
be held.
Order
IT Is HERBY ORDERED that the election held on May 9, 1952, among
employees of the Employer at its Covington, Kentucky, plant, be, and
it hereby is, vacated and set aside.
[Text of Second Direction of Election omitted from publication
in this volume.]
See North American Aviation, Inc., 81 NLRB 1046 , and cases cited therein.
CAPITAL TRANSIT COMPANY and DIVISION 689, AMALGAMATED ASSOCIA-
TION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES
OF AMERICA, PETITIONER . Case No. 5-RC-856. September 18,1952
Supplemental Decision , Order, and Second Direction of Election
Pursuant to a Decision and Direction of Election issued herein on
February 18,1952,1 an election by secret ballot was conducted on March
13, 1952, under the direction and supervision of the Regional Director
for the Fifth Region, among the employees in the voting group estab-
lished by the Board. Following the election, a tally of ballots was
furnished the parties. The tally shows that of approximately 190
eligible voters, 1$5 cast valid ballots, of which 81 were for, and 102
were against the Petitioner. There were 2 challenged ballots.
Thereafter, on March 20, 1952, the Union filed timely objections to
conduct affecting the results of the election. The Regional Director
investigated the objections and, on May 16, 1952, issued and' duly
served upon the parties a report on objections, in which he recom-
mended that the objections be overruled and that the Board issue a
certification of results of election. On May 28, 1952, the Union filed
exceptions to the Regional Director's report.
The Employer, asserting. that the Union's exceptions should not be
considered because (1) they were not filed within the 10 days' time
provided in Section 102.61 of the Board's Rules and Regulations, and
(2) they were not filed with the Regional Director as required by that
rule, urges the adoption of the Regional Director's recommendations.
As service of the Regional Director's report was made by mail, 3 days
x Capital Transit Company, 98 NLRB 141.
100 NLRB No. 183.