John H. Maclin Peanut Co., Inc.

National Labor Relations Board - Board Decisions

Nov 22, 1948

80 N.L.R.B. 611 (N.L.R.B. 1948)

In the Matter of JOHN H. MACLIN PEANUT COMPANY, INCORPORATED,
EMPLOYER and UNITED STONE AND ALLIED PRODUCTS WORKERS OF
AMERICA, CIO, PETITIONER
Case No. 10-RC-137
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
November 22, 1948
On September 22, 1948, pursuant to the Decision and Direction of
Election , issued by the Board * on July 12, 1948, and amended on July
20 and again on September 7, 1948, an election by secret ballot was
conducted in the above -entitled matter under the direction and super-
vision of the Regional Director for the Tenth Region ( Atlanta, Geor-
gia). At the conclusion of the election the parties were furnished
with a Tally of Ballots which shows that approximately 59 eligible
voters cast ballots, of which 8 were for the Petitioner , 1 against the
Petitioner , and 50 were challenged.
Inasmuch as the challenged ballots were sufficient in number to affect
the results of the election , the Regional Director conducted an investi-
gation and, thereafter , on October 13, 1948, issued and served upon
the parties a Report on Challenged Ballots in which he recommended
that the challenges to 40 of the 50 challenged ballots be overruled on
the ground that they represented the votes of seasonal employees who
return to the Employer 's plant from year to year , have an interest in
future conditions of employment , and are, therefore , entitled to a
voice in the selection of the bargaining representative.
Thereafter , on October 22, 1948 , the Employer filed exceptions to
the Report on Challenged Ballots . It contends that 39 of the chal-
lenged ballots which the Regional Director recommended be over-
ruled should not be counted , as they represent ballots of employees
•Members Houston, Murdock , and Gray.
80 N. L. R. B., No. 106.
611
817319-49-vol. 80-40
612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who were not on its pay roll for the period which, under the Direction
of Election, was controlling. We find merit 'in the Employer's con-
tention. The Direction of Election, as finally amended, provided for
an election among employees in the unit found appropriate "who
were employed during the pay-roll period immediately preceding the
date of the Election." Since the seasonal employees here involved
were not rehired for the current season until after the election, they
were not on the pay roll for the period immediately preceding the date
of the election, and were not entitled to vote. For this reason, we shall
sustain the Employer's exception.
However, as the election was held at a time when the Employer had
not commenced his operations for the current season and the em-
ployees in the unit sought were therefore not afforded an opportunity
to vote under the Direction of Election as issued, we shall set aside
the results of the election and direct that a second election be held at a
time when it will more fully reflect the desires of the employees af-
fected thereby.
ORDER
IT IS HERESY ORDERED that the election held on September 22, 1948,
among the employees of John H. Maclin Peanut Company, Incor-
porated, Albany, Georgia, be, and it hereby is, set aside.
SECOND DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with John H. Maclin Peanut Com-
pany, Incorporated, Albany, Georgia, an election by secret ballot shall
be conducted as early as possible, and when, in the discretion of the
Regional Director for the Tenth Region, the Employer's plant is in
full operation, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, as amended,
among the employees in the unit found appropriate in the Decision
of July 12, 1948, supra, who are employed during the pay-roll period
immediately preceding the date of the election, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also ex-
cluding employees on strike who are not entitled to reinstatement,
to determine whether or not they desire to be represented by United
Stone and Allied Products Workers of America, CIO, for the purposes
of collective bargaining.