Centennial Flouring Mills Co.

National Labor Relations Board - Board Decisions

Jan 14, 1947

72 N.L.R.B. 77 (N.L.R.B. 1947)

In the Matter of CENTENNIAL FLOURING MILLS COMPANY, EMPLOYER
and UNITED PACKINGI1OUSE WORKERS OF AMERICA , C. I. 0., PETI-
TIONER and FLOUR , FEED AND CEREAL WORKERS, LOCAL 20503 , A. F. L.,
INTERVENOR
Case No. 19-R-2056 .Decided January 14,19V
DECISION
ORDER
AND
DIRECTION OF SECOND ELECTION
On November 19, 1946, pursuant to a "Stipulation For Certification
Upon Consent Election," an election by secret ballot was conducted
under the direction and supervision of the Regional Director for the
Nineteenth Region (Seattle, Washington). Upon the conclusion of
the election, a Tally of Ballots was furnished the parties in accord-
ange with the Rules and Regulations of the Board. The Tally shows
that of the 18 eligible voters, 8 voted for the Petitioner and 10 for the
Intervenor.
On November 25, 1946, the Petitioner filed objections to conduct
affecting the results of the election, alleging, inter alia, that the em-
ployees were improperly influenced in their choice of representatives
by the fact that the Board's official notice of Election was defaced in
a manner indicating a preference for the Intervenor.
Thereafter, the Regional Director investigated the objections and
on December 11, 1946, issued and duly served upon the parties his
Report on Objections. The Regional Director reported that a posted
official Notice of Election, containing a sample ballot and signed by
the.Regional Director, had been defaced by an "X" in heavy pencil
Feed and Cereal Workers, Local 20503,in the box under "Flour,
A. F. L.," the Intervenor herein. His investigation also disclosed
that at least one other official Notice of Election had been similarly
defaced in favor of the petitioner. The only official notification of
Board elections is prepared by the Board and contains in bold red
print the following language: "This is the only official notice of this
election and must not be defaced by anyone." The Regional Director
concluded that, when the employees observed these official Board
notices defaced in the manner indicated they might have been im-
properly influenced in their choice of representatives. Having found
72N.L R.B,No.17. 77
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the Petitioner's objection raised a substantial and material issue
with respect to the election, the Regional Director recommended that
the Board sustain this objection and set aside the results of the election
conducted on November 19, 1946, and that the Board direct that a
new election be held. No exceptions have been filed to the Regional
Director's Report on Objections.)
We have considered the objections and the Report on Objections,
and hereby adopt the Regional Director's conclusions and recom-
mendations with respect to the election. We shall accordingly set
aside the results of the election and direct that a new election be
conducted.
ORDER AND DIRECTION OF SECOND ELECTION
IT IS HEREBY ORDERED that the results of the election conducted in
the above-entitled matter on November 19, 1946, be, and it hereby is,
set aside ; and it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Centennial
Flouring Mills Company, Spokane, Washington, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Nineteenth Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Sections 203.55 and 203.56, of National Labor
Relations Board Rules and Regulations, Series 4, among the em-
ployees in the unit set forth in the "Stipulation For Certification Upon
Consent Election," who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, and including employees in
the armed forces of the United States who present themselves in per-
son at the polls, but excluding those employees who have since quit or
been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether they desire to
be represented by United Packinghouse Workers of America, C. I. 0.,
or by Flour, Feed and Cereal Workers, Local 20503, A. F. L., for the
purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision, Order, and Direction of Second Election.
1 The Intervenor advised the Board that, although it does not agree with the Report, it
will not file exceptions thereto in order to expedite the holding of a new election.