Northwest Packing Co.

National Labor Relations Board - Board Decisions

Feb 8, 1946

65 N.L.R.B. 890 (N.L.R.B. 1946)

In the Matter of NORTHWEST PACKING Co. and CANNERY AND FOOD
PROCESS WORKERS UNION, C. I. O.
In the Matter of NORTHWEST PACKING Co. and CANNERY WORKERS
UNION, LOCAL 20707, A. F . L. and CANNERY AND FOOD PROCESS WORK-
ERS UNION, PORTLAND AREA
Cases Nos. 19-R-1598 and 19-RE-24, respectively
SUPPLEMENTAL DECISION
AND
ORDER
February 8, 1946
On October 15, 1945, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding,'
finding that certain designated employees of Northwest Packing Co.,
Portland, Oregon, herein called the Company, constituted an appro-
priate bargaining unit and directing that an election be held among
them to determine whether they desired to be represented by Cannery
and Food Process Workers Union, a labor organization affiliated with
the Congress of Industrial Organizations, herein called the C. I. 0., or
by Cannery Workers Union, Local 20707, a labor organization affili-
ated with the American Federation of Labor, herein called the A. F.
of L., for the purposes of collective bargaining, or by neither. Pursu-
ant to the Direction of Election, and in accordance with the Rules and
Regulations of the Board and a stipulation among the parties that the
balloting should be conducted by mail, the Regional Director for the
Nineteenth Region conducted the election and, on November 8, 1945,
issued and served on the parties a Tally of Ballots, which discloses
the result of the election as follows :
Approximate number of eligible voters_______________________ 218
Void ballots ------------------------------------------------ 6
Votes cast for Cannery Workers Union, Local 20707 , A. F. of L__ 19
Votes cast for Cannery and Food Process Workers Union,
C. I. 0--------------------------------------------------- 21
Votes cast against participating labor organizations ----___-___ 0
Valid votes counted----------------------------------------- 40
Challenged ballots_________ _________________________________ 0
1 64 N. L. R. B. 54.
65 N. L. R. B., No. 158.
890
NORTHWEST PACKING CO. 891
On November 14, 1945, the A. F. of L. filed objections to the conduct
of the election, (1) alleging in substance that the six ballots declared
void by the Field Examiner who counted the ballots were in fact valid
and should not have been declared void, and (2) urging that, due to
the small percentage of votes cast by eligible employees, a representa-
tive vote was not cast in the election, the election should be set aside,
and a new election held. On December 28, 1945, the Regional Director
issued and duly served on the parties his Report on Objections. No
exceptions to the Regional Director's report were received within the
allotted time for filing exceptions.
In his Report on Objections, the Regional Director considered the
ballots declared void by the Field Examiner and found that, of the
six ballots, two contained no signatures on the outside envelope, with
the result that the ballots could not be identified as cast by an employee
of the Company whose name appeared,on the list of eligible voters;
that two ballots had not been placed in the inside secret ballot envelope
and that the partial opening of the outside envelope revealed the names
of the voters; and that the inside secret ballot envelopes containing the
remaining two ballots bore the names of the voters, with the result
that the partial opening of the outside envelopes revealed their identity.
The Regional Director recommended that the first two ballots be
declared void by the Board for the reasons stated and that the four
other ballots be declared valid and counted on the ground that the
secrecy of the voter's identity could be preserved.
We agree that the Regional Director's findings that the first two
challenged ballots described above should be declared void for the
reasons stated, and we so find. We disagree with the Regional Direc-
tor's finding with respect to the remaining challenged ballots. The
secrecy of the ballot is essential in a Board-conducted election, and it
may not be jeopardized. We believe that these four challenged ballots
are too closely identified with the names of the voters concerned and
that `the ballots cannot be opened and adequate protection afforded to
the secrecy of the ballots cast, which every employee voting is entitled
to expect. We find that all six challenged ballots are void, and they
will not be counted.
Out of 218 eligible employees, 40 employees cast valid ballots, of
which the A. F. of L. received 19, and the C. I.O. received 21, votes.
Finding that the balloting was conducted by mail in accordance with an
agreement of all parties and that each eligible employee was mailed
a ballot, the Regional Director concluded that a representative vote was
10
' On January 11, 1946, the A. F. of L. mailed exceptions to the Report on Objections,
and on January 15, 1946, further exceptions , reasserting in substance the objections of
the A . F. of L . to the conduct of the election and recording exceptions to the Regional
Director's conclusions and recommendations pertaining thereto.
892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cast in the election and recommended that the Board certify the C. I. O.
as bargaining representative of the employees concerned.
The only purpose of an election is to resolve the majority issue and,
if an election is fairly conducted and employees eligible to vote are
freely permitted to do so, the results must be deemed conclusive, if
the vote cast is a representative vote. What constitutes a representa-
tive vote in an election depends upon the circumstances of each case,.3
In the instant case, the Company's plant was shut down; the parties
agreed to the conduct of the election by mail; and the Regional Director
mailed a ballot to each eligible employee at his address on the Com-
pany's records. Approximately 18 percent of those eligible to vote
responded by casting valid ballots. The election results show no
decided preference among the voters for either labor organization.
Under these circumstances, we believe that the votes cast are not
representative of all employees in the appropriate unit, and we will
not predicate a certification of representatives upon the results of this
election. We will dismiss the petitions without prejudice to the filing
of new petitions when it may appear that another election may be
profitably held.
ORDER
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,
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended.
IT IS HEREBY ORDERED that the petitions for investigation and certi-
fication of representatives of employees of Northwest Packing Co.,
Portland Oregon, filed by Cannery and Food Process Workers Union,
C' I. 0., and Northwest Packing Co., respectively, be, and they hereby
are, dismissed without prejudice.
3 See Matter of Stiefel Construction Corporation, Case No. 2-R-5676, 65 N. L. It. B 925,
and cases cited therein.