Marshall, Meadows & Stewart, Inc.

National Labor Relations Board - Board Decisions

Dec 29, 1944

59 N.L.R.B. 1286 (N.L.R.B. 1944)

In the Matter Of MARSHALL, MEADOWS & STEWART, INC. and UNITED
SUOE YY,ORIu RS OF AMERICA,.C."I. O.
Case No. 3-11461
SUPPLEMENTAL DECISION
AND
DIRECTION
December 29, 1944
On October 28, 1944, pursuant to the Board's Decision and Direction
,of Election in the above-entitled proceeding,' an election by secret
ballot was conducted on, November 17, 1944, under the direction and
supervision of the Regional Director for the Third Region (Buffalo,
New York). On November 17, 1944, the Regional Director, • acting ,
pursuant to Article III, Section 10, of National Labor Relations Board
Rules and Regulations-Series 3, as amended, issued and duly served
upon the parties a Tally of Ballots.
As to the balloting and its results, the Tally of Ballots shows as
follows :
Approximate number of eligible voters-----------------, ---------- 251
Void ballots-------------------- ------------------------- 1
Votes cast for United Shoe Workers of America, affiliated with the
Congress of Industrial Organizations-------------------------- 118
Votes cast against participating labor organization---------------- 114
Valid votes counted--------------------------------------------- 232
Challenged ballots---------------------------------------------- 11
Valid votes counted plus challenged ballots----------------------- 243
Since the challenged ballots were sufficient to affect the outcome of
the election, the Regional Director, acting pursuant to Article III,
Section 10, of Rules and Regulations of the National Labor Relations
Board, caused an investigation of the challenges to be made and incor-
porated his findings in a Report on Challenged Ballots, which was duly
served upon the parties on November 25, 1944. Thereafter, the Com-
pany filed Exceptions to the Regional Director's report.
' 58 N L R B. 1489.
59 N. L. It B, No 234
1286
MARSHALL,- MEADOWS & STEWART, INC. 1287
The Board, having. considered the Regional Director's Report on
Challenged Ballots and the Company's Exceptions thereto, makes, the
following findings :
Ballots alleged to have been improperly marked
An examination of photostatic copies of the four ballots iii question
shows : one ballot marked with a "No" on the negative side instead of
the conventional "X"; one ballot marked with an "X" and, in addition,
a "No" beside it on the negative side; one ballot marked with a triple
"X" on the negative side ; and one ballot marked with a "Yes" on the
affirmative side instead of the conventional "X." Upon the ground
that the ballots were improperly marked, the Union challenged the
validity of the first three ballots, and the Company the validity of the
fourth.
Since the ballots were unambiguously marked and the intent of the
voters is clear, we adopt the Regional Director's recommendation to
overrule the challenges to these ballots. We find that these ballots
are valid and shall direct that they be counted.2
Other Challenged ballots
Anna Callaghan: The ballot of this employee was challenged by the
Company on the ground that her name did not appear upon the eligible
list, of voters. However, this was an error which was later corrected,
and the Company withdrew its challenge. We, therefore, adopt the
Regional Director's recommendation that the ballot of this employee
be opened and counted.
Emma Signor: The ballot of this employee was challenged by the
Union for the asserted reason that she had not been working on the
day of the election. The Union, finding that it erred in challenging
this ballot, later withdrew its challenge. We shall direct that this,
ballot be opened and counted.
Catherine Dwyer, Sophia Tokarz, and Nancy Surace: The ballots
of these employees were challenged by the Board's representative
on the-'grounds that (1) the names of these employees did not appear
on the eligibility list of voters, and-(2) the record shows that these
three employees are supervisory and, therefore, they were excluded
from the bargaining unit. The record is clear as to the supervisory
status of these employees. It also appears that, prior to the election,
the Company and the Union agreed to exclude them from the eligi-
bility list of voters. Accordingly, we adopt, the Regional Director's
recommendation to sustain the challenges to the ballots of these three
voters. We shall direct that these ballots not be opened and counted.
2 See Matter of Van Raalte Company , Inc, 49 N L. R B 985
1288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Frances Siracusa and Susan Bianco : The ballots of these employees
were challenged by the Company on the ground that they had been
discharged prior to the election. However, the names of these two
employees appeared on the eligibility list of voters; Siracusa was
not advised that she had been discharged until November 20, 1944,
3 days after the election 3 and Bianco never received notice of her
discharge. In accordance with the recommendation of the Regional
Director, we shall direct that the ballots of these two employees be
opened and counted.
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section -9- (c) of the National Labor Relations Act,
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended; it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with, Marshall, Meadows:,& Stewart, Inc., Auburn; New. York, • the
Regional Director for the Third Region (Buffalo, New York) shall,
pursuant to the Rules and Regulations of the Board, set forth,above,
and subject to Article III, Section 10, of said Rules and Regulations,
within ten (10) days from the date of this Direction, count the four
ballots alleged to have been improperly marked, and open and count
the ballots of Anna Callaghan, Emma Signor, Frances Siracusa, and
Susan Bianco, and shall thereafter prepare and cause to'be served
upon the parties in this case a Supplemental' Tally of Ballots embody-
ing his findings therein and his recommendations as to the results of
the secret ballot.
Siracusa was notified of her severance from the Company 's employ by means of a work
"release" dated November 16, 1944, which however, was not issued to her until November
20, 1944'.