Keystone Weaving Mills, Inc.

National Labor Relations Board - Board Decisions

Dec 1, 1950

92 N.L.R.B. 415 (N.L.R.B. 1950)

In the Matter of KEYSTONE WEAVING MILLS, INC., EMPLOYER and
TEXTILE WORKERS UNION OF AMERICA, CIO, PETITIONER
Case No. 4-KC-622
ORDER
December 1, 1950
On June 16, 1950, pursuant to an unpublished Decision and Direc-
tion of Election issued by the Board on May 18, 1950, an election by
secret ballot was conducted under the direction and supervision of
the Regional Director for the Fourth Region. At the conclusion of
the election, the parties were furnished with a tally of ballots which
showed that 189 ballots were cast, of which 32 were for the Petitioner,
55 were against the Petitioner, and 102 were challenged. No objec-
tions to the conduct of the election were filed by either party within
the time provided therefor.
As the challenged ballots were sufficient in number to affect the
results of the election, the Regional Director conducted an investiga-
tion and on July 7, 1950, recommended to the Board that it direct the
holding of a hearing where the challenges could be fully considered.
On July 24,1950, upon consideration of the Regional Director's report,
the Board issued and served upon the parties an order remanding the
matter to the Regional Director for a hearing.
Pursuant to notice, the hearing was held on August 24 and 25, 1950,
before James V. Altieri, hearing officer. All parties appeared and
participated. On October 5, 1950, the hearing officer issued his report
in which he recommended that the Employer's challenges to 92 ballots
be overruled and the ballots be opened and counted. Thereafter, the
Employer filed exceptions to the hearing officer's report and a sup-
porting brief. The Petitioner filed a brief in support of the report.
On November 1, 1950, while the Board 2 had the hearing officer's
report, the other documents, and the entire record under consideration,
'Of the 102 challenges , 10 were disposed of by a stipulation of the parties at the
hearing.
2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three -member panel [ Chairman Herzog and
Members Houston and Reynolds].
92 NLRB No. 76.
415
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Petitioner filed charges against the Employer alleging the viola-
tionof Section 8t(a) (1) and (3).
The Petitioner has also filed a waiver. Ordinarily, a waiver of
unfair labor practice charges is submitted by a charging party when
it desires the Board to proceed to an election in a pending represen-
tation matter. It obligates the charging party not to raise the matters
alleged in its charge as a ground for challenges or for objections to
conduct affecting the results of the election. In this matter, however,
a, waiver in the usual form cannot apply, as the election has already
been held. In the circumstances of this case, we assume that the Pe-
titioner's purpose in filing a waiver is simply to expedite, insofar as
possible, a determination of the representation issue.
As to the matter in question at the hearing on challenges-whether
the discharge of 102 employees on or about Msy 2, 1950, was in fact
a discharge-we do not agree, on the basis of the record now before
us in this representation proceeding, with the hearing officer's con-
clusion that these employees were not discharged. We shall defer,
however, further consideration of the status of these employees pend-
ing disposition of the Petitioner's charges. If complaint is issued,
this matter may be consolidated with the unfair labor practice pro-
ceeding; otherwise we will rule on the challenges on the basis solely
of the representation case record.