Ferriss-Lee Lumber and Mfg. Co.

National Labor Relations Board - Board Decisions

Dec 12, 1946

71 N.L.R.B. 989 (N.L.R.B. 1946)

In the Matter of FERRISS-LEE LUMBER AND MFG. Co., EMPLOYER
and DISTRICT 50, UNITED MINE WORKERS OF AMERICA, AFL,
PETITIONEI:
Case No. 15-I?-7803.-Decided December 1?, 1946
DECISION
On August 14, 1946, pursuant to all Agreement for Consent Election
executed by the Petitioner and the Employer on August 8, 1916, an
election by secret ballot was conducted under the direction and super-
vision of the Regional Director for the Fifteenth Region among the
employees in the unit agreed upon by the parties. Upon completion
of the election, the Regional Director issued and duly served upon the
parties a Tally of Ballots, which showed that the Petitioner had
secured a majority of the valid votes cast. On August 20, 1946, the
Employer filed formal objections to the election, protesting that
employees had either refrained front voting or had voted for the
Petitioner because of coercion and intimidation on the part of the
Petitioner's representatives. Subsequent to the filing of its objections,
the Employer filed a petition purportedly signed by a number of its
employees and requesting that a new election be held.
Pursuant to the Agreement for Consent Election, the Regional
Director investigated the objections to the election and issued and duly
served upon the parties a Report on Objections, dated October 4, 1946,
in which he found that the objections of the Employer were without
merit and accordingly overruled the objections and denied the petition
for a new election. On October 14, 1946, the Employer filed excep-
tions to the Report on Objections with the Board at Washington,
D. C., in which it urged that the findings and conclusions of the
Regional Director be reversed and that the election be set aside, or, in
the alternative, that a hearing be held on the issues raised by its
objections.
The Board has uniformly adhered to the policy of deeming itself
bound by-the customary commitment of the parties to regard as final
and binding the Regional Director's determinations with respect to
questions arising out of the conduct of an election held pursuant to
an "Agreement for Consent Election." 1 The Board, therefore, has
' The consent election agreement executed b3 the Employer and the petitioner contained
the following provisions.
Said election shall be held in accoidance with the National Labor Relations Act, the
Board ' s Rules and Regulations , and the custoniarv procedures and policies of thou
71 N. L R B, No 168. 989
990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
refused to consider the merits of objections to rulings of its Regional
Directors on matters relating to consent elections (except when perti-
nent to the issues presented in an unfair labor practice proceeding, in
which event the Board will disturb the Regional Director's rulings
only if it clearly appears that they are arbitrary or capricious).2
Although the Employer's objections in the instant case may be
regarded as being improperly before the Board for determination at
this time, we take this opportunity to observe that there is nothing
apparent in the rulings complained of to indicate arbitrary or capri-
cious action on the part of the Regional Director.
In accord with the provisions of the consent election agreement and
customary Board practice in this respect, the, exceptions to the Report
on Objections filed by the Employer are hereby dismissed.
Board : provided that the determination of the Regional Director shall be final and
binding upon any question, including questions as to the eligibility of voters, raised
by any party hereto relating in any manner to the election.
2 See Matter of Capitol Greyhound Lines, et at, 49 N. L R B. 156, enf'd 140 F. (2d) 754
(C. C. A. 6) ; Matter of Michle Printing Press ii Manufacturing Co., 58 N. L. R B. 1134;
Matter of Aetna Fire Brick Company, 56 N L. R B 849, Matter of A. J. Tower Company,
60 N L. It. B. 1414.