Mallin Bros. Co.

National Labor Relations Board - Board Decisions

May 20, 1982

261 N.L.R.B. 1009 (N.L.R.B. 1982)

MALLIN BROS. CO.
Mallin Bros. Co. and Allied Products Division, Mid-
west Joint Board, International Leather Goods,
Plastics & Novelty Workers Union, AFL-CIO,
Petitioner. Case 17-RC-9361
May 20, 1982
DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
BY CHAIRMAN VAN DE WATER AND
MEMBERS JENKINS AND HUNTER
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the
National Labor Relations Act, as amended, a three-
member panel has considered the objection to an
election' held on November 25, 1981, and the Re-
gional Director's report recommending disposition
of same. The Board has reviewed the record in
light of the exceptions and brief, and hereby adopts
the Regional Director's findings and recommenda-
tions only to the extent consistent herewith.
At issue is a ballot which is blank on its face, but
contains the word "NO" written on its back. In his
report, the Regional Director, relying on then cur-
rent Board law,2 recommended that the ballot be
considered a void ballot. The Board has since
enunciated a new position on such ballots in Hydro
Conduit.3 Thus, the Board now, consistent with its
I The election was conducted pursuant to a Stipulation for Certifica-
tion Upon Consent Election. The revised tally was: 8 for, and 7 against,
the Petitioner, with I void ballot, the subject of the objection herein.
2 Manhattan Corporation, Manhattan Guest House. Inc., 240 NlRB 272
(1979); Staco. Inc., 234 NLRB 593 (1978)
a tHydro Conduit Corporation, 260 NLRB 1352 (1982).
policy of considering voter intent expressed irregu-
larly on the front of a ballot, also gives effect to
the intent of the voter if such intent is manifested
on the back of the ballot. The voter here expressed
his intent to vote against representation by the Peti-
tioner by writing "No" on the back of the ballot.
Therefore, we find that the ballot was not void,
and we shall count it as a vote against the Petition-
er. A second revised tally of ballots will show that
8 ballots were cast for and 8 cast against the Peti-
tioner. There are no void ballots. Accordingly, we
shall certify the results of the election.
CERTIFICATION OF RESULTS OF
ELECTION
It is hereby certified that a majority of the valid
ballots have not been cast for Allied Products Di-
vision, Midwest Joint Board, International Leather
Goods, Plastics & Novelty Workers Union, AFL-
CIO, and that said labor organization is not the ex-
clusive representative of all the employees in the
unit herein involved, within the meaning of Section
9(a) of the National Labor Relations Act, as
amended.
MEMBER JENKINS, dissenting:
I continue to adhere to the Board's longstanding
policy of invalidating ballots marked solely on the
reverse side of the ballot. See my dissent in Hydro
Conduit Corporation, 260 NLRB 1352 (1982). Ac-
cordingly, I would adopt the Regional Director's
recommendation that the ballot in question be con-
sidered a void ballot.
261 NLRB No. 145
1009