E. I. Dupont de Nemours and Co.

National Labor Relations Board - Board Decisions

Aug 31, 1948

79 N.L.R.B. 345 (N.L.R.B. 1948)

In the &attel'^O* . 4. DUPONT'DE"NEMOURS AND- COMPANY, EMPLOYER
and THEODORE JERZEWSKI, PETITIONEIt and UNITED ASSOCIATION OF
JOURNEYMEN & APPRENTICES OF THE PLUMBING & PIPE FITTING
INDUSTRY OF THE U. S. & CANADA, LEADRURNERS LOCAL 6W , A. F.
OF L., UN Iox
Case No. 3-RD-9
SUPPLEMENTAL DECISION
AND
DIRECTION
August 31, 1948
Pursuant to a Decision and Direction of Election, a decertification
election by secret ballot was held on June 22, 1948, under the direction
and supervision of the Regional Director for the Third Region, among
the employees of the Employer in the unit found appropriate. At
the close of the election the parties were furnished a Tally of Ballots.
The Tally shows that there were approximately 17 eligible voters and
that 17 ballots were cast, of which 7 were for the Union, 8 against the
Union, and 2 were challenged.
As the challenged ballots were sufficient in number to affect the re-
sults of the election, the Regional Director investigated the challenges,
and on July 16, 1948, issued and duly served upon the parties his
Report on Challenged Ballots. The Regional Director's Report re-
veals that the challenged ballots were cast by employee Gerald Steven-
son, who was on a 3-rrionth leave of absence at the time of the election,
and by employee Lawrence Marso, who was on vacation at the time
of the election ; that both of these employees were eligible to vote; that
because of the small number of eligible voters, the Regional Director,
in the exercise of his discretion with respect to the conduct of the
election, provided Stevenson and Marso with mail ballots which were
duly marked and returned to the Regional Director prior to election;
and that the Petitioner challenged these ballots on the ground that the
Direction of Election did not provide for mail balloting. The Re-
177 N I. R B 1002
79 N. L . R. B., No. 44.
345
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gional Director found no merit to the challenges and recommended
that they be overruled.
On July 21, 1948, the Petitioner filed with the Board a letter taking
exception to the Regional Director's Report and asserting, in sub-
stance, that the Petitioner had objected to the use of mail ballots in
this case and that the Direction of Election made no specific provision
for balloting by mail.
The Regional Director, acting as agent for the Board,2 has broad
discretion in arranging the details of an election, including, in appro-
priate instances, the determination of whether to conduct the election
in whole or in part by mall.' It does not appear that the Regional
Director's exercise of such discretion in this case was arbitrary or
capricious. Specific provision in the Direction of Election for snail
balloting is not essentlal,4 and such omission furnishes no valid basis
for rejecting the votes of Stevenson and Marso, who were concededly
eligible voters.. We find that the Petitioner's exceptions to the Re-
gional Director's Report on Challenged -Ballots do not raise substan-
tial and material issues with respect to the election. Accordingly, we
hereby adopt the Regional Director's recommendations and shall
direct that the challenged ballots of Gerald Stevenson and Lawrence
Mai-so be opened and counted.
DIRECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with E. I. Dupont de Nemours and
Company, Buffalo, New York, the Regional Director for the Third
Region shall, pursuant to National Labor Relations Board Rules and
Regulations, within ten (10) days from the date of this Direction,
open and count the ballots of Gerald Stevenson and Lawrence Marso,
and thereafter prepare and cause to be served upon the parties a Sup-
plemental Tally of Ballots, including therein the count of the said
challenged ballots.
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relatipns Act, the
Board has delegated its powers in connection with this case to a three-man panel consisting
of the undersigned Board Members r Chairman Herzog and Members Reynolds and Murdock.
3 Matter of Poster Cotton Mills, Ire , 73 N L. R. B. 673 . Matter of Kentucky Central Life
and Accident Inauranae Company, 72 N. L R. B. 548.
1 Ibid.