Ashland Chemical Co.

National Labor Relations Board - Board Decisions

Jul 24, 1989

295 N.L.R.B. 1039 (N.L.R.B. 1989)

ASHLAND CHEMICAL CO. 1039
Ashland Chemical Company, a Division of Ashland
Oil Inc . and Teamsters Union Local 294 a/w
International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America,
AFL-CIO, Petitioner. Case 3-RC-9356
July 24, 1989
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND HIGGINS
The National Labor Relations Board, by a three-
member panel, has considered the objections to
one' of two elections held March 16, 1989 , and the
Regional Director 's report recommending disposi-
tion of them. The elections were conducted pursu-
ant to a Stipulated Election Agreement. The tally
of ballots for unit A shows 11 for and 2 against the
Petitioner, with no challenged ballots. The tally of
ballots for unit B shows none for and two against
the Petitioner, with no challenged ballots. There
was also one void ballot in unit B.
The Board has reviewed the record in light of
the exceptions and brief, and adopts the Regional
Director's findings2 and recommendations, and
' The Employer filed objections concerning the election in unit A
only.
Because no objections were filed by either party concerning the elec-
tion in unit B, the Regional Director issued a certification of results in
unit B.
2 We note in affirming the Regional Director 's report that the Employ-
er's objection is limited to the conduct of the Board agent in failing to
await the arrival of the Employer's observer prior to slitting open the
ballot box for the start of the second session of balloting. The Employer
finds that a certification of representative should be
issued in unit A.
CERTIFICATION OF
REPRESENTATIVE
It is certified that a majority of the valid ballots
has been cast for Teamsters Local 294, affiliated
with the International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of Amer-
ica, AFL-CIO, and that it is the exclusive collec-
tive-bargaining representative of the employees in
the following appropriate unit:
Unit A:
All full-time and regular part-time chemical
operators , drivers and material handlers3 em-
ployed by the Employer at its facility located
on South St., Rensselaer, New York excluding
all office clerical employees , professional em-
ployees, guards and supervisors as defined in
the Act.
does not contend that the Board agent left the ballot box, blank ballots,
or polling place unattended , and the Regional Director 's investigation re-
vealed no evidence that impugned the integrity of the ballot box. It did
reveal , however , that the Employer's observer did not arrive back at the
polls until right at 3 p . m., the designated time for reopening. This being
the case , it was not inappropriate for the Board agent to slit open the
ballot box in preparation for balloting . In order to set aside the election
on the grounds of Board agent misconduct , we would have to be present-
ed with facts suggesting a reasonable possibility of a violation of the in-
tegrity of the ballot box . See Niagara Wires, 237 NLRB 1347 (1978). We
find none here.
8 This is the unit description included in the parties' Stipulated Elec-
tion Agreement . The Regional Director erred in his report by describing
the employees in unit A as "chlorine operators."
295 NLRB No. 117