Gregg Moore Co., Inc.

National Labor Relations Board - Board Decisions

Sep 17, 1969

178 N.L.R.B. 483 (N.L.R.B. 1969)

GREGG MOORE CO., INC.
Gregg Moore Co., Inc. and Bindery & Specialty
Workers Union , Local 182, International
Brotherhood of Bookbinders, AFL-CIO,
Petitioner . Case 13-RC-1 1794
September 17, 1969
DECISION AND DIRECTION
BY CHAIRMAN ,MCCULLOCH AND MEMBERS
FANNING AND JENKINS
Pursuant to a Stipulation for Certification upon
Consent Election approved March 14, 1969, an
election by secret ballot was conducted by the
Regional Director for Region 13 on April 1, 1969,
among employees in the stipulated unit. After the
election, the parties were furnished a tally of ballots,
of which 6 were for the Petitioner. 35 were for the
Intervenor,' 24 were against the participating labor
organizations, and 5 were challenged. The
challenged ballots were sufficient in number to
affect the results of the election No objections to
the conduct of the election or to the conduct
affecting the results of the election were filed by the
parties.
In accordance with the National Labor Relations
Board Rules and Regulations, the Regional Director
conducted an investigation and, on May 1. 1969,
issued and duly served upon the parties his Report
on Challenged Ballots. In his Report he
recommended that the challenge to a ballot, in
which "NO" had been marked in the "NEITHER"
box, be sustained because, in his opinion, the
intention of the voter is not clear. He further
recommended that the challenges to the ballots of
Geneva Pendleton, Bertha Henderson, Gloria
Summerall, and Eloise Colbert be overruled, but
that their ballots be opened and counted only in the
event that the Board does not accept his
recommendation that the challenge to the marked
ballot be sustained, in which event their ballots
would be determinative of the election, and that an
appropriate certification issue. Thereafter, on May
15, 1969. the Regional Director issued and duly
served upon the parties his Amendment to Report
on Challenged Ballots, in which he amended the
report by attaching thereto and incorporating
therein a photocopy of the marked ballot.
Intervenor filed timely exceptions to the Regional
Director's Report and a supporting brief, and
Employer filed timely exceptions to the Regional
Director's Report and a supporting brief, together
with an answering brief to Intervenor's exceptions
and brief.
Pursuant to the provisions of Section 3(h) of the
National Labor Relations Act. as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a
'Chicago Mailers' Union No 2
483
three-member panel.
Upon the entire record in this case, the Board
finds.
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner and Intervenor are labor
organizations claiming to represent certain
employees of the Employer.
3. A question affecting commerce exists
concerning the representation of the employees of
the Employer within the meaning of Section 9(c)(1)
and Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees of the Employer constitute a
unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the
Act:
All employees in the shipping and mailing
departments employed at the Employer's Chicago,
Illinois, plant. excluding maintenance employees,
special services employees, fulfillment employees,
lithographic production employees, office clerical
employees, plant clerical employees, professional
employees, guards and supervisors as defined in
the Act and all other employees currently
represented by labor organizations.
5. The Board has considered the Regional
Director's Report and the Amendment thereto, the
exceptions and briefs of the parties, and the entire
record in the case, and hereby adopts the Regional
Director's findings and recommendations as
modified herein.
While we agree with the Regional Director that
the challenges to the ballots of Geneva Pendleton,
Bertha Henderson, Gloria Summerall, and Eloise
Colbert should be overruled, we do not agree with
his recommendation that the challenge to the
marked ballot should be sustained.
The ballot used in the election was the customary
one used in elections where two unions appear on
the ballot. The 'voters were informed that "This
ballot is to determine the collective-bargaining
representative, if any, for the unit in which you are
employed." Beneath this were instructions to
"MARK AN 'X' IN THE SQUARE OF YOUR
CHOICE." Beneath this were three boxes
Petitioner's name appeared at the top of the left
hand box, Intervenor's name appeared at the top of
the center box, and the word "NEITHER"
appeared at the top of the right hand box. Near the
bottom of each box was a square. At the bottom of
the ballot, the voters were instructed to "Fold and
drop in the ballot box. If you spoil this ballot return
it to the Board Agent for a new one."
On the disputed ballot, the word "no" is written
in the NEITHER box just below the word
"NEITHER." Intervenor challenged this ballot. The
Regional Director recommended sustaining the
challenge because, in his opinion, the voter's intent
is not clear.
178 NLRB No 78
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We disagree. By appearing at the polls. and by
casting a marked ballot, it appears that the voter
did wish to register his preference. There are no
markings in either of the boxes designating
respectively Petitioner and Intervenor. By writing
"no" in the "NEITHER" box, we believe that the
voter indicated a desire to vote against any union
representation.: Accordingly, we shall overrule the
Regional Director and direct that the marked ballot
be counted as a "NEITHER" vote.
'Marshall, Meadows & Stewart , Inc. 59 NLRB 1286, Fraser and
Johnston Manufacturing Company. 105 NLRB 308
DIRECTION
It is hereby directed that the Regional Director
for Region 13, within 10 days from the date of this
Decision and Direction, count the marked ballot as
a "NEITHER" vote, open and count the ballots of
Geneva Pendleton, Bertha Henderson, Gloria
Summerall, and Eloise Colbert, prepare and cause
to be served upon the parties a revised tally of
ballots, and take such further action as may be
appropriate under the circumstances.