Belk's Department Store of Savanah, Georgia, Inc.

National Labor Relations Board - Board Decisions

Feb 25, 1952

98 N.L.R.B. 280 (N.L.R.B. 1952)

280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
BELK's DEPARTMENT STORE OF SAVANNAH, GEORGIA, INC. and RETAIL
CLERKS INTERNATIONAL ASSOCIATION, LOCAL UNION 1604, AFL,'
PETITIONER . Case No. 10-RC-1079. February 25, 1952
Supplemental Decision and Order
On April 6, 1951, pursuant to the Decision and Direction of
Election 1 issued herein on March 7, 1951, an election by secret ballot
was conducted among the employees in the appropriate unit. The
tally of ballots issued after the election showed that of 40 valid bal-
lots cast, 13 were for and 27 against the Petitioner, and that 7 ballots
were challenged.
On April 13,1951, the Petitioner filed objections to election. There-
upon, in accordance with the Board's Rules and Regulations, the Re-
gional Director conducted an investigation, and on August 15, 1951,
issued and duly served upon the parties a report on objections. In his
report, the Regional Director found that certain conduct of super-
-visors and employees of the Employer raised substantial and material
issues with respect to the conduct of the election, and recommended
that the election be set aside. On September 5, 1951, the Employer
filed exceptions to the Regional Director's report. Thereafter, on Sep-
tember 14, 1951, the Board issued an order directing hearing, in which
it remanded the case to the Regional Director for the purpose of con-
ducting a hearing on the issues raised by the Employer's exceptions.
The hearing was held on October 11 and 12, 1951, before John H.
Garver, hearing officer. The Petitioner and the Employer appeared
and participated. On December 3,1951, the hearing officer issued and
served upon the parties his report on objections to conduct of election,
it copy of which is attached hereto, in which he recommended that
the election be set aside. The Employer filed timely exceptions to
the hearing officer's report on objections to conduct of election.
The Board 2 has reviewed the rulings of the hearing officer and
finds that no prejudicial error was committed. The rulings are hereby
affirmed. The Board has considered the hearing officer's report, the
exceptions, and the entire record in the case, and hereby adopts the
findings and recommendations of the hearing officer for the following
reasons:
The hearing officer found, as set forth in his report, that on the
morning of the election, while the voting was taking place, employees
Katherine Game and Margaret Newsome stood directly inside the
rear door of the Employer's store, with payroll lists in their hands,
and checked the names of the employees as they went out the door
193 NLRB 729.
2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three -member panel [ Chairman Herzog and Mem-
bers Houston and Murdock].
98 NLRB No. 46.
BELK 'S DEPARTMENT STORE OF SAVANNAH, GA., INC . 281
to the polling place. He further found that, during this time, various
supervisors of the Employer, and particularly Manager Galloway,
were standing near and about the employees in the same area .s On
the basis of these findings, the hearing officer concluded that the .
conduct of Game and Newsome in checking the voting employees,
and the presence of Manager Galloway and other supervisors around
the employees near the polling place constituted interference affecting
the results of the election 4
The Employer does not contest the hearing officer's findings of
fact. However, it excepts to his concluding findings on the grounds
that : (1) Game and Newsome were not supervisors and were not shown
to have been in any sense acting under the direction of the Employer
or in its behalf ; (2) it was not shown that the checking of the names
of the employees by Game and Newsome did in fact interfere with,
restrain, or coerce the employees or tend to do so; (3) Manager
Galloway and the other supervisors were not shown to have been
present in such proximity to the polling place as to constitute inter-
ference with the employees' voting; and (4) it was not shown that
the supervisors said or did anything at or near the polling place
such as would constitute interference with the employees' voting or
the free and fair conduct of the election.5 We find no merit in these
contentions.
It is true, as the Employer asserts, that Game and Newsome were
not supervisors, and there is no evidence that they were acting under
the direction of the Employer in checking the voters. In the interest
of free elections, however, it is the policy of the Board to prohibit
anyone from keeping any list of persons who have voted, aside from the
official eligibility list used to check off the voters as they receive
their ballots .s Moreover, in this case the activities of Game and New-
8 The employees gathered inside the store, near the rear door , while waiting to go to the
polling place , which was located in a warehouse behind the store. Galloway admittedly
spent approximately 70 to 80 percent of the time during which the polling took place in
walking back and forth in the space-about 35 feet wide-between the back of the store
and the warehouse , and on at least two occasions entered the store and walked through
the group of employees waiting to vote Other supervisors were, at various times, in the
immediate vicinity of this group of employees.
+ As set forth in the hearing officer's report , the record further shows that after working
hours on the day before the election , the Employer called a meeting of the employees at
which Galloway made remarks evidencing his opposition to the Petitioner, and that Down-
ing, one of the Employer ' s supervisors , on the same day interrogated one of the employees
as to her union attitude and asked another to vote his way. For - the reasons set forth
in his report , the hearing officer found that this conduct did not constitute interference
with the election . In the absence of any exceptions by the Petitioner, we adopt these
findings.
5 The Employer also excepts to the hearing officer's findings on the ground that the
Petitioner did not base its objections to the election on the conduct of Game and Newsome
or the presence of supervisors near the polling place. However , these matters were revealed
by the Regional Director 's investigation of the Petitioner 's objections . As it is well estab-
lished that the jurisdiction of the Regional Director in making a post-election investigation
is not limited to-the issues raised by the parties , we find no merit to the Employer ' s conten-
tion. Hobart Manufacturing Company, 92 NLRB 203, 205, and cases therein cited.
9 International Stamping Co., Inc., 97 NLRB 921.
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
some were carried on in the presence of supervisors, who raised no
objection to their conduct. Under these circumstances, we find that
the conduct of Game and Newsome tended to prevent a choice of
representatives in a free atmosphere.
We are also convinced that, even though the supervisors were at
some distance from the actual polling place, and apparently said
nothing calculated to restrain or coerce the employees, their presence
in the area where the employees were gathered while waiting to vote
tended to interfere with the employees' freedom of choice of a bargain-
ing agent. In particular, we regard as improper Galloway's conduct
in walking back and forth in the space which the employees were re-
quired to traverse to go to the polling place.
In view of the above findings, we believe that the purposes of the
Act will best be effectuated by setting the election aside. When the
Regional Director advises the Board that the circumstances permit
the free choice of a bargaining representative, we shall direct that a
new election be held among the employees concerned.
Order
IT Is HEREBY ORDERED that the election held on April 6, 1951, among
the employees of Belk's Department Store of Savannah, Georgia, Inc.,
be, and it hereby is, set aside.
STANDARD OIL COMPANY ( INDIANA ) and CENTRAL STATES PETROLEUM
UNION LOCAL 115, AFFILIATED WITH CENTRAL STATES PETROLEUM
UNION, NATIONAL,1 PETITIONER . Case No. 14-BCi-1690. February
25, 1959
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Milton O. Talent, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed .2
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Styles].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
I The name of the Petitioner appears as amended at the hearing.
2 The hearing officer reserved for Board decision the Employer's motion to dismiss the
petition on the ground that the alleged unit was inappropriate in that it purported to
include confidential employees . We find no merit in this motion and it is hereby denied.
98 NLRB No. 34.