Filtrol Corp.

National Labor Relations Board - Board Decisions

Aug 30, 1950

91 N.L.R.B. 93 (N.L.R.B. 1950)

In the Matter of FILTROL CORPORATION, EMPLOYER and UNITED GAS,
'COKE AND CHEMICAL WORKERS or AMERICA, CIO, PETITIONER
Case No. 15-RC--356
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVES
August 30, 1950
Pursuant to a Decision and Direction of Election issued by the
Board on May 10, 1950,1 an election by secret ballot was held on
June 6, 1950, under the direction of the Regional Director
for the Fifteenth Region at Jackson, Mississippi. Upon the con-
clusion of the election, a tally of ballots was furnished the parties
in accordance with the Rules and Regulations of the Board. The
tally shows that of approximately 156 eligible voters, 149 cast ballots,
of which 75 were for the United Gas, Coke and Chemical Workers of
America, CIO, the Petitioner herein, and 74 were-f or the International
Chemical Workers Union, AFL, Local 253, the Intervenor herein.
There were no challenged ballots. Thereafter, on June 14, 1950, the
Intervenor filed objections to the conduct of the election and conduct
affecting results of the election. In accordance with the Board Rules
and Regulations, the Regional Director investigated the objections.
On June 27, 1950, he issued and duly served upon the parties his
report on objections, in which he found that the objections did not
raise substantial and material issues with respect to the election, and
recommended that they be overruled. The Intervenor filed timely
exceptions to the Regional Director's report.
Upon the entire record of :this case the Board finds : 2
The Intervenor contends that the ballot box was improperly handled
during voting hours "affording opportunity (for) outside interference
with the ballot box." The Regional Director's investigation reveals
that the Board agent, with the ballot box and unused ballots in his
1 Unpublished.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 -member panel
[Members Houston, Reynolds , and Murdock].
91 NLRB No. 16.
93
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
possession, went to the rest room, being absent from the polls less than
5 minutes. Before leaving, the Board agent, invited the observers to
accompany him, and at the suggestion of an observer for the Inter-
venor, the observer designated by the Employer accompanied the
Board agent and the ballot box until the agent's return to the polling
place. The Regional Director further pointed out that the ballotrbox
was in.full view at all times of the observer who accompanied the
Board agent and that this observer confirmed that no one touched the
box except the Board agent. The Regional Director found, in con-
clusion, that the action of the Board agent was not improper and that
no one interfered with the ballot box.
The Intervenor excepts to the Regional Director's report on the
ground that the findings of fact are incorrect and the allegations con-
tained in its objections are true. The Regional Director's findings,
except as to the absence of Petitioner's representatives from the loca-
tion of the ballot box and polling place, are consistent with the facts
alleged in the Intervenor's objections. These objections were specu-
lative in nature and in substance merely alleged that there might have
been outside interference with the ballot box. The Regional Direc-
tor found upon investigation that there was no such interference.
Under these circumstances, we shall adopt the Regional Director's
findings. Accordingly, on the entire record of the case, we find that
the objections filed by the Intervenor raise no substantial and material
issues with respect to the conduct of the election and the objections
are hereby overruled.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that the United Gas, Coke and Chemical
Workers of America, CIO, has been designated and selected by a
majority of the Employer's production, and maintenance employees,
including drivers and storekeepers at its Jackson, Mississippi, plant,
but excluding guards, engineers, office clerical employees, chemists,
professional technicians, foremen, and all other supervisors as defined
in the Act, as their representative for the purposes of collective bar-
gaining and that pursuant to Section 9 (a) of the Act, the organization
is the exclusive representative of all such employees for the purpose of
collective bargaining with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.