Eagle Laundry Co., Inc.

National Labor Relations Board - Board Decisions

Jan 27, 1949

81 N.L.R.B. 348 (N.L.R.B. 1949)

In the Matter of EAGLE OVERALL SUPPLY CO., INC., T/A EAGLE LAUN-
DRY CO., INC., AND C & C COAT, TOWEL AND APRON SUPPLY CO., INC.,
EMPLOYER and LAUNDRY WORKERS INTERNATIONAL UNION, LOCAL
300, AFL, PETITIONER and INTERNATIONAL BROTHERHOOD OF TEAM-
STERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,
LOCAL 997, AFL, PETITIONER
Case Nos. 5-RC-70 and 5-RC-86
SUPPLEMENTAL DECISION
AND
ORDER
January 07, 1949
Pursuant to a Decision and Direction of Elections 1 issued by the
Board 2 in this case on August 2, 1948, elections by secret, ballot were
conducted on August 20, 1948, under the direction and supervision of
the Regional Director for the Fifth Region, among employees of the
Employers involved herein in the two units found appropriate.
Upon the conclusion of the elections, a Tally of Ballots for each unit
was furnished the parties in accordance with the Rules and Regula-
tions of the Board.
The Tally for the unit in Case No. 5-RC-70 shows the following
results :
Approximate number of eligible voters---------------------- 47
Void ballots----------------------------------------------- 1
Votes cast for Laundry Workers International Union, Local
300, AFL------------------------------------------------ 1
Votes cast against participating labor organization------------ 40
Valid votes counted---------------------------------------- 41
Challenged ballots------------------------------------------ 0
The Tally for the unit in Case No. 5-RC-86 shows the following
results :
Approximate number of eligible voters---------------------- 8
Void ballots----------------------------------------------- 0
' Unpublished.
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three -man panel consisting
of the undersigned Board Members [ Chairman Herzog and Members Houston and Reynolds].
81 N. L. R. B, No. 61.
348
EAGLE OVERALL SUPPLY CO., INC . 349
Votes cast for International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen , and Helpers of America , Local 997,
AFL --------------------------------------------------- 3
Votes cast against participating labor organization ------------ 5
Valid votes counted---------------------------------------- 8
Challenged ballots----------------------------------------- 0
On August 27, 1948, the Petitioner in Case No. 5-RC-70 filed ob-
jections to the elections, alleging as basis for claiming interference by
the Employer : (1) that at 7 a. in., the time set for the election in the
unit in Case No. 5-RC-86, a uniformed policeman in response to a call
from the Employer appeared at the rear of the plant, walked through
the laundry to the front, after which tour he returned to the alley at
the rear of the plant and stationed himself next to the polling booth
which was located in the Employers' garage across the alley from the
rear of the plant; 3 (2) that after the polls opened at 2 p. in. for the
election in the unit in Case No. 5-RC-70, the watchman for the Em-
ployers remained in the alley within a few feet of the polling booth
where he could and did talk to the employees on their way to the polls;
and (3) that the attorney for the Employers made two different trips
to the polling booth during the period in which the election was being
held.
The Regional Director reported that on numerous occasions the ob-
jecting union was requested to furnish affidavits or other evidence sup-
porting the objections, but that it had failed to do so. The Regional
Director therefore recommended that it be found that the objections
do not raise substantial and material issues with respect to the election.
No exceptions having been filed by any of the parties to the Report
on Objections within the time provided therefor, we hereby adopt the
findings of the Regional Director. As we have indicated in earlier
cases,4 we can attach no validity to objections based on alleged in-
terference with an election, where, absent manifest interference, the
objecting party takes no steps to substantiate its allegations or other-
wise to assist the Board in its investigation of the objections to the
election.
Accordingly, we find that the objections to the elections raise no sub-
stantial and material issues. As the Tally of Ballots in each case
shows that a majority of the valid votes were cast against the Petitioner,
we shall dismiss both petitions.
3 The objections further allege that after protest and inquiry the Employer telephoned
the police station with the result that the policeman was relieved of his assignment at
about 7 25 a. in.
4 Matter of Lander Shoe Corporation, 79 N. L. R. B. 1406 ; Matter of Stonewall Cotton
Mills, 78 N. L. R. B 28
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
IT IS HEREBY ORDERED that the petitions for investigation and certifi-
cation of representatives of employees of Eagle Overall Supply Co.,
Inc., t/a Eagle Laundry Co., Inc., and the C & C Coat, Towel and Apron
Supply Co., Inc., at their plant in Washington, D. C., filed by Laundry
Workers International Union, Local 300, AFL, in Case No. 5-RC-70
and International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local 997, AFL, in Case No. 5-RC-86,
respectively, be, and they hereby are, dismissed.