Wilson & Co., Inc

National Labor Relations Board - Board Decisions

Jul 19, 1943

51 N.L.R.B. 449 (N.L.R.B. 1943)

In the Matter of WILSON & Co., INC. and UNr17ED PACKING HOUSE
WORKERS OF AMERICA P. W. O. C., LOCAL 200, C. I. O.
Case No. R-4923
THIRD SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 19,1943
On June 11, 1943, the National Labor Relations Board issued a
Second Supplemental Decision and Direction of Second Run-Off
Election in the above -entitled proceeding ." Pursuant to the Direction
of Second Run-Off Election , a run-off election by secret ballot was
conducted on June 24 , 1943, under the direction and supervision of
the Regional Director for the Twenty -first Region ( Los Angeles, Cali-
fornia ). On June 24 , 1943, the Regional Director , acting pursuant
to Article III, Section 10, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued and duly served upon
the parties a Report on Ordered Election.
As to the balloting and its results , the Regional Director reported
as follows :
Total on eligibility list-------- --------------------------- 436
Total ballots cast---------------------------------------- 382
Total ballots challenged---------------------------------- 11
Total void ballots ----------------------------------------- 0
Total valid votes counted--------------------------------- 371
Votes cast for United Packing House Workers,
Local 200, C I. 0------------------------------------ 192
Votes cast for Employe 's Representative Committee ( Ind.)-- 179
The Regional Director made no ruling with respect to the chal-
lenged ballots. Since the number of challenged ballots cannot af-
fect the results of the election , we find it unnecessary to make any
determination as to them.
' The Board had previously issued a Decision and Direction of Elections (48 N L R B
495), pursuant to which elections were held on April 14, 1942, and a Supplemental De-
cision, Certification of Representatives and Direction of Run-Off Election on May 10, 1943,
pursuant to which an election was held on June 2, 1943.
51 N. L. R. B , No. 87. -
449
450 DECISIONS OF NATTONAL LABOR REILATIONS BOARD
On June 26, 1943, Wilson Employe's Representative Committee,
herein called the Committee,2 filed Objections to the Conduct of the
Ballot, alleging in substance that (1) the Board's agent in charge of
the election exhibited partiality to United Packing House Workers
of America P. W. O. C. Local 200, affiliated with the Congress of In-
dustrial Organizations, herein called the P. W. O. C.,3 and consistently
refused to grant requests made by the Committee in relation to the
conduct and place of the election; (2) the election place was improper
in that the election was held on premises frequented and dominated by
the P. W. O. C., and as a result a considerable number of eligible voters
refused to go on the premises in order to exercise their voting privi-
leges; (3) the Board's agent in charge, prior to the election, demanded
that Wilson & Co., Inc., refrain from negotiating with the Committee,
such action causing embarrassment and prejudice to the Committee
before the election; and (4) the Board's agent improperly and without
authority challenged 11 votes, such action constituting favoritism
to the P. W. O. C. and prejudice to the Committee, and that he im-
properly attempted to effect a change in the unit found appropriate by
the Board by challenging the votes of plant clerical employees who
presented themselves at the polls.
On July 1, 1943, the Regional Director issued and duly served on the
parties his Report on Objections, in which he found the objections to
be without merit. The Board has considered the -objections and the
Regional Director's report thereon and finds that the objections raise
no material or substantial issues 4
At a conference called by the Board's agent, the parties agreed on
all the details of the election except the date and place. With respect
to the date, the Committee requested June 29; the Company requested
indefinite postponement. The P. W. O. C. had previously requested
a date during the week of June 14-19. Inasmuch as the Direction of
Second Run-Off Election was issued by the Board on June 11, 1943,
directing that the election be held as early as possible, and, inasmuch
as notices of the election were posted for 6 full days prior to the election,
we find that no prejudice was committed by The selection of June 24,
1943, as the election date. The polling place used was the same used
at the first two elections. No objections to the conduct of the ballot
were filed by any party after the first two elections, alleging that the
polling place was improper. Neither did the Committee submit any
2 In the election results reported by the Regional Director, the Committee is listed as
Employe's Representative Committee (Ind.)
s In the election results reported by the Regional Director, the P W 0. C. Is listed as
United Packing House Workers, Local 200, C I 0.
4 The Company has requested that the Board order a hearing for the purpose of eliciting
evidence concerning the alleged bias and prejudice of the Board's agents conducting,the
election. For the reasons appearing below, we find no merit In the request, and it is
accordingly denied.
WILSON & Co., INC. 451
evidence to support its allegation that the premises were frequented by
or dominated by the P. W. O. C., or that eligible employees were dis-
couraged from voting for that reason.
We find no merit in the allegation that the Board's agent caused
embarrassment to the Committee by advising the Company to refrain
from negotiating with the Committee as the exclusive representative
during the pendency of the results of the election. The purpose of
the election was to determine which organization was entitled to ex.-
elusive recognition. Obviously recognition of one as such representa-
tive during the pendency of the election might constitute favoritism.
Nor do we find any merit in the objection with respect to the challenge
of 11 votes by the Board's'agent. The Board has invested its agents
with-the duty of challenging the votes of persons whose eligibility is
in doubt. Such challenges do not affect a change in the unit as the
Committee has alleged. Actually, of the 21 persons listed as clerical
employees, 20 cast ballots. Under these circumstances, it is impossible
to conclude that employees in that category could have been discour-
aged from voting by reason of the agent's challenges, thereby prejudic-
ing the Committee. All the objections are accordingly overruled.
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 Rela-
tions Act, and pursuant to Article-III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY oEr,TIFIED that United Packing House Workers of
America P. W. O. C. Local 200, affiliated with the Congress of Indus-
trial Organizations, has been designated and selected by a majority of
the Company's production and maintenance employees, including plant
clericals, but excluding teamsters, chauffeurs, and drivers (further
described gs local drivers, country drivers, extra drivers, and night
spotter drivers), office employees, sales employees, watchmen, the ma-
tron, all foremen, and all employees above the grade of foremen, as
their representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the National Labor Relations Act, United
Packing House Workers of America P. W. O. C. Local 200, affiliated
with the Congress of Industrial Organizations, is the exclusive repre-
sentative of all such employees for the purposes of collective bargaining
in respect to rates of pay, hours of employment, and other conditions
of employment.
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