Zenith Optical Co.

National Labor Relations Board - Board Decisions

Jun 4, 1943

50 N.L.R.B. 111 (N.L.R.B. 1943)

In the Matter of ZENITH OPTICAL COMPANY and OPTICAL WORKERS
COORDINATING COMMITTEE, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-5108
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 4, 1943
On April 29 and 30, 1943, pursuant to,the Decision and Direction
of Election 1 issued by the Board herein on April 15, 1943, an election
by secret ballot was conducted under the direction and supervision
of the Regional Director for the Ninth Region, (Cincinnati, Ohio).
Thereafter, on May 1, 1943, in accordance with the Rules and Regu-
lations of the Board, a Report on Ordered Election was issued and
served upon the parties. The report shows as follows:
Approximate number of eligible voters---------------------- 1,014
Total ballots cast----------------------------------------- 660
Total ballots challenged----------------------------------- 7
Total void ballots----------------------------------------- 1
Total blank ballots---------------------------------------- 0
Total valid votes counted---------------------------------- 808
Votes cast for Optical Workers Coordinating Committee,
C. I. 0------------------------------------------------- 475
Votes cast for Upholsterers International Union, Optical Di-
vision, A. F. of L--------------------------------------- 75
Votes cast for neither------------------------------------- 258
Thereafter Zenith Optical Company filed Objections to the Election
Report. The Company contends (1) that counsel for the Company
was barred from acting as an observer at the polls; (2) that certain
people were denied the right to vote at the election; and (3) that the
Company was prevented from challenging 19 persons because of Com-
pany counsel's exclusion from the polls. On May 25, 1943, the Re-
gional Director issued a Report on Objections. On May 27, 1943,
the Company protested the Report on Objections by letter to the Board.
148 N. L. R. B. 1283.
50 N. L. R: B., No. 25.
111
112 TYECASQONS OF NATIONAL -LABOR RELATIONS' 'BOARD
We have considered the objections and the Regional Director 's report
thereon and ford that the objections raise no substantial - or material
issues with respect to the conduct of the ballot. Each of the parties
was afforded the opportunity to have 3 observers present at the polls.
Although counsel for the Company, in accordance with the usual
Board policy , was excluded from acting as an observer , other repre-
sentatives of the Company were afforded that opportunity. How-
ever, company counsel refused ' to allow the other company observers
to 'remain . Employer participation in the conduct of an election is
a matter of grace , not of right . Inasmuch as duly selected repre-
sentatives of each of the interested parties were afforded an oppor-
tunity to act as observers at the election , no party was prejudiced.
-Assuming that the Company's allegation that it was precluded from
challenging some 19 persons is true, the votes of such persons could
not change the results of the election . - The objections of the Company
are hereby 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 Relations
Act, and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS IIEREBY CERTIFIED that Optical Workers Coordinating Com-
mittee, affiliated- with the Congress of, Industrial Organizations, has
been designated and selected by a majority of all production and
maintenance employees of Zenith Optical Company, Huntington, West
Virginia, excluding office and clerical employees, supervisory employ-
ees, watchmen, guards, and engineering and research employees, as
their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (a) of the Act, the said 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.