F. H. Vahlsing, Inc.

National Labor Relations Board - Board Decisions

Dec 22, 1955

114 N.L.R.B. 1451 (N.L.R.B. 1955)

F. H. VAHLSING , INC. 1451
F. H. Vahlsing , Inc. and Local 424, Packing of Grain , Fertilizers
and Processors of Allied Food Industries , International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, AFL-CIO,, Petitioner . Case No. 9-RC-72,92. De-
cember 22, 1955
SUPPLEMENTAL DECISION, ORDER, AND SECOND
DIRECTION OF ELECTION
Pursuant to a Decision and Direction of Election issued by the
Board herein on May 16, 1955,2 and an amending order dated August
3, 1955, an election by secret ballot was conducted on August 24, 1955,
under the direction and supervision of the Regional Director for the
Second Region, among the employees in the appropriate unit, which
included employees at the Bridgehampton, Mattituck, and Orient
Point locations of the Employer.' Although the polls were duly
opened at all 3 locations, only 6 employees at Bridgehampton 'at-
tempted to vote. As the Employer had not furnished an eligibility
list, all 6 votes were challenged by the Board's field agent: In view
of the circumstances, no tally of ballots was furnished the parties.
On August 26, 1955, 2 days after the balloting, the Petitioner wrote
a letter to the Regional Director protesting the election upon the
grounds that: (1) The Employer failed and refused to post the elec-
tion notices furnished by the Board; (2) the Employer willfully pre-
vented 3 employees from voting; and (3) the Employer refused to
submit a payroll list either to the Board or the Union.4 Thereafter,
the Regional Director investigated the Petitioner's complaint and on
November 3, 1955, issued and duly served upon the parties a report on
objections and challenged ballots, in which he found as follows:
(1) The Employer conceded that it had not posted the election
notices, but contended that it did not do so because there were no em-
ployees in the unit for the payroll period indicated. However, in
lieu of physical posting, the Employer admitted calling the election to
the attention of three employees at the Mattituck location "whose sta-
tus to participate in the election it thought probable," handing them
copies of the election notices and, as found by the Regional Director,
i The AFL and CIO having merged since the hearing , we are amending the identification
of the affiliation of the Union accordingly.
2 Not reported in printed volumes of Board Decisions and Orders.
S The appropriate unit included all employees at the Employer's Bridgehampton, Long
Island, operations , which covered three separate locations-Bridgehampton , 1lfattituck,
and Orient Point, all in New York
' The letter concluded : ". . . if upon counting the ballots the election is determined
adversely to the union , you are hereby requested to consider this letter as the Union's
formal objections to the election , and to advise this office of what further proof you may
require by affidavit or otherwise "
Section 102 61 of the Board 's Rules and Regulations provides that "within 5 days after
the tally of ballots has been furnished , any party may file with the Regional Director four
copies of objections to the conduct of the election. . ..' As no tally of ballots was ever
served upon the parties , the Petitioner 's letter does not technically constitute objections to
the election ; it is , however , sufficient under the circumstances to raise the issue of the
representative character of the election.
114 NLRB No. 222.
1452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
telling them to go to the polls and vote. The Employer did not inform
any other employees of the election; (2) there is no evidence that three
other employees at the Mattituck location were prevented from voting
by the -Employer, except that the Employer kept them in ignorance
of the election; and (3) the Employer asserts that it failed to produce
a payroll list at the polling place through inadvertence.
The Regional Director recommended that the election be set aside
because of the Employer's failure to post the requisite election notices
and that a new election be directed.5 On November 14, 1955, the Em-
ployer filed timely exceptions to the Regional Director's report.
The Employer does not dispute the Regional Director's finding
with respect to its failure to post election notices. Without more,
we find that this violation of instructions resulted in the election not
being adequately publicized to interested employees who were thereby
prevented from voting and that the election therefore failed to rep-
resent the desires of all employees in the appropriate units Accord-
ingly, we shall adopt the Regional Director's recommendations, set
aside the election of August 24, 1955, and direct that a new election
be held at a time to be determined by the Regional Director.
[The Board set aside the election held on August 24, 1955.]
[Text of Second Direction of Election omitted from publication.]
MEMBER BEAN took no part in the consideration of the above Sup-
plemental Decision, Order, and Second Direction of Election.
5 The Regional Director also rejected the Employer 's contention that it had no em-
ployees in the unit for the payroll period used to determine eligibility to vote. In view
of our decision to set aside the election because of the Employer 's failure to post the
requisite notices of election , we find it unnecessary to pass on the issue of eligibility
raised by the Employer's exceptions
6 Special Machine and Engineering Company , 85 NLRB 1332.
Marinette Paper Company and United Brotherhood of Carpen-
ters & Joiners of America , AFL-CIO,' Petitioner
Marinette Paper Company and International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of Amer-
ica, Local 294, AFL-CIO,' Petitioner
Marinette Paper Company and International Brotherhood of
Electrical Workers , AFL-CIO,' Petitioner . Cases Noe. 2-RC-
7316, 2-RC-7352, and 2-RC-7397. December 02, 1955
DECISION, ORDER, AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held before
1 Herein referred to as Carpenters . The AFL and CTO having merged subsequent to
the hearing in this proceeding , we are amending the identification of the affiliation of the
Unions accordingly.
2 Herein referred to as Teamsters.
3 Herein referred to as IBEW
114 NLRB No. 223.