Washington Waste Paper Co., Inc.

National Labor Relations Board - Board Decisions

Jun 21, 1944

56 N.L.R.B. 1578 (N.L.R.B. 1944)

In the Matter of WASHINGTON WASTE PAPER COMPANY, INC. and WARE-
HOUSE AND DISTRIBUTION WORKERS UNION, LOCAL 222, ILWU, CIO
t Case No. 5-R-1569.-Decided June °-1,1944
'Mrs. Jewel G. Briggs, for the Board.
Mr.-J. Webster Stevens, for the Company.
Mr. James M. Moore, for the Union.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND ^
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On April 26, 1944, Warehouse and`Distribution Workers Union,
Local 222, ILWU, CIO, herein called the Union, filed with the Regional
Director for the Fifth Region (Baltimore, Maryland) a petition
alleging that a question affecting commerce has, arisen concerning
representation of employees of Washington Waste Paper Company,
Inc., Arlington, Virginia, herein called the Company, and requesting
an investigation and certification of representatives, pursuant,to Sec-
tion 9 (c) of the National Labor Relations Act, herein called the Act.
'On May 11, 1944, the Company, the Union, and a representative of the
Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTIoN."
Pursuant to the stipulation, an election by secret ballot was con-
ducted bn May 16, 1944, under the direction and supervision of the
Regional, Director, among all employees in the stipulated unit, to
determine whether the said employees desire to be,represented by the
Union for the purposes of collective bargaining. Upon the conclusion
of the election, a Tally of Ballots was furnished the parties in accord-
once with the Rules and Regulations of the Board.
The tally shows that of the approximately 22 eligible voters, 21 cast
valid votes; of which 11 were for Warehouse and Distribution Work-
ers Union, Local 222, ILWU, CIO, and 10 against; 1 ballot was void.
On May 19, 1944, the Company filed Objections to the election alleg-
ing that the ballot which had been declared to be void at the election
56 N. L. R.-B:, No . 285. - - a
1578
WASHINGTON WASTE PAPER COMPANY, INC. 1579
wasi in fact , not void but was clearly marked and showed on its face
that it was intended to be cast as a vote against the Uliion.,
On May 23, 1944 , the Regional Director issued and duly served upon
the parties a Report on Objections , wherein he stated that the ballot
ruled void at the election , was so marked that the intent of the voter
is not clear , and recommended that the Board find the ballot to be
void , overrule said Objections , and certify the Union as collective
bargaining representative of the employees within the stipulated
unit.
On the basis of the stipulation , the Tally of Ballots; the Objections,
the Report on Objections , and the entire record in the case, the Board
makes the following :
FINDINGS OF FAOTS
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Washington Waste Paper Company, Inc.,
Arlington , Virginia, within the meaning of Section 9 ( c) and Section
2 (6) and (7), of the Act.
2. All employees of the Company , excluding clerical and super-
visory employees and any other employee with the authority to hire,
promote, discharge , discipline , or otherwise effect changes in'the status
of ' employees, or effectively recommend such action ,, constitute, a unit
appropriate for the purposes of collective bargaining w ithin the
meaning of Section 9 ( b) of the Act.
3. The ballot declared to be void upon the count of ballots at the
election, contains an "x" in the, "no " box, and a partial line marked in
the "'yes" box , with a scratched circle and mark on said line. We are
of the opinion that this ballot " was not only improperly marked but
fails to reveal,a clear intent . Accordingly we find this ballot to be
void
4. Warehouse and Distribution Workers Union, Local 222, ILWU;
CIO, has been designated and selected by a majority of all employees
in the above unit as their representative-for the purposes of collective
bargaining and is the exclusive representative of all employees in said
unit within the meaning of, Section 9 (a) of the Act. • ,
CERTIFICATION OF REPRESENTATIVES
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,
IT Is HEREBY CERTIFIED that Warehouse and Distribution Workers
Union, Local 222; ILWU, CIO, has been designated and selected by
1 See Matter of Iroquois China Company , 55 N. L. R. B. 290.
1580 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD .
a majority of all employees of Washington Waste Paper, Company,
Inc., Arlington, Virginia,dn the unit hereinabove found to be.appro-
priate, under paragraph 2 of the section entitled "Findings of Fact,"
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, the aforesaid organization
is the exclusive representative of all such employees for_the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.