Bauer-Schweitzer Hop & Malt Co.

National Labor Relations Board - Board Decisions

Sep 2, 1948

79 N.L.R.B. 453 (N.L.R.B. 1948)

In the Matter of BAUER-SCHWEITZER HOP & MALT Co., CHAS. BACH
Co., RAINIER BREWING CO., PACIFIC BREWING & MALTING CO., GRACE
BROS. BREWING CO., MILLER MALTING CO. AND JOSEPH T. GRACE
FARMS, INC., EMPLOYERS and INTERNATIONAL UNION OF UNITED
BREWERY, FLOUR, CEREAL, AND SOFT DRINK WORKERS OF AMERICA,
CIO, PETITIONER
Case No. 20-R-1909
SECOND SUPPLEMENTAL DECISION
AND
ORDER
September 2,1948
Pursuant to a Decision and Direction of Elections,' elections by
secret ballot were conducted on April 8, 1947, under the direction and
supervision of the Regional Director for the Twentieth Region, among
the employees of the Employers in the two units found to be appropri-
ate. At the close of the elections, the parties were furnished Tallies
of Ballots. The Petitioner was selected by a majority of the employees
in Unit No. 2, and was accordingly certified by the Board on May 8,
1947. In Unit No. 1, however, the Tally of Ballots showed that there
were approximately 82 eligible voters, and that 76 ballots were cast,
of which 35 were for the Petitioner, 37 were for the Intervenor, and
4 were challenged.
On July 15, 1948, after a hearing on the Petitioner's objections to
the conduct of the election in Unit No. 1, the Board overruled the Peti-
tioner's objections. At the same time, the Board sustained the chal-
lenges to the ballots of Robert A. Peterson and Charles Suske, over-
ruled the challenges to the ballots of Leland L. Salomon and E. Garcia,
and directed the Regional Director to open and count these two ballots,
and to serve on the parties a supplemental Tally of Ballots in the elec-
tion in Unit No. 1.2
On July 21, 1948, the Regional Director issued a"revised Tally of
Ballots in Unit No. 1 and served copies thereof on the parties. The
172 N L. R. B. 1223.
2 78 N L R. B 327
79 N. L R. B., No. 65.
V
453
809095-49-vol 79-30
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
revised Tally in Unit No. 1 shows that there were approximately - 82
eligible voters, and that 74 valid votes were cast, of which 37 were
for the Petitioner and 37 for the Intervenor. On the same day, the
Intervenor requested a run-off election.
In view of the tie votes and the lapse of more than a year since the
election,' we do not believe it advisable to direct a run-off election.
Accordingly, the Intervenor's request for a,run-off election is denied.
Inasmuch as neither labor organization has received a majority of
the valid votes cast, we shall dismiss the petition, without prejudice
to the filing of a new petition by any party to the case.
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed, insofar as it relates to Unit No. 1.
MEMBER GRAY took no part in the consideration of the above Second
Supplemental Decision and Order.
3 Matter of Inter-Ocean Steamship Company, 69 N. L. R. B. 561
' Cf. Matter of Desmond's, Inc ., 75 N. L. R, B 1242; and -Matter of Edo Aircraft Corpora-
tion, 76 N L. R B. 447.
4