Summary
In N.L.R.B. v. Tobacco Processors, Inc., 456 F.2d 248 (4th Cir., 1972), the Board voided four ballots which were blank on their face but which had the word "No" written on their back, similar to the instant case.
Summary of this case from Roberts Door Window Co. v. N.L.R.BOpinion
No. 71-1756.
Argued January 6, 1972.
Decided February 16, 1972.
Allison W. Brown, Jr., Atty., N.L.R.B. (Peter G. Nash, Gen. Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Michael F. Messitte, Atty., N.L.R.B., on the brief), for petitioner.
John O. Peters, Richmond, Va. (Samuel W. Hixon, III, and Williams, Mullen Christian, Richmond, Va., on the brief), for respondent.
Appeal from National Labor Relations Board.
Before BRYAN, WINTER and RUSSELL, Circuit Judges.
We decline to enforce the Board's order requiring the company to bargain with the union because we conclude that the union was improperly certified. At the election the Board excluded four ballots which were blank on their face but which had the word "no" written on their back. The ballots should have been counted since they clearly manifested the voters' intention not to be represented by the union. NLRB v. Titche-Goettinger Co., 433 F.2d 1046 (5 Cir. 1970). When those ballots are counted the union lost the election.
Enforcement denied.