Mutual Distributing Co.

National Labor Relations Board - Board Decisions

May 10, 1949

83 N.L.R.B. 463 (N.L.R.B. 1949)

In the Matter Of MUTUAL DISTRIBUTING COMPANY, - EMPLOYER and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA , A. F. OF L., LOCAL No. 81,
PETITIONER
Case No. 34-RC-96
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 10, 1949
Pursuant to a Decision and Direction of Election 1 and an Order
amending Direction of Election, an election by secret ballot was con-
ducted on February 23, 1949, under the direction and supervision of
the Regional Director for the Thirty-fourth Region, among the em-
ployees of the Employer in the unit found to be appropriate. At the
close of the election, the parties were furnished a Tally of Ballots.
The tally showed that there were five eligible voters, and that there
were five ballots cast, of which three were for, and two were against,
the Petitioner.
On February 28, 1949, the Employer duly filed Objections to Elec-
tion, alleging that an official of Petitioner electioneered before and
during the election in violation of election rules. On March 30, 1949,
the Regional Director issued his Report on Objections to Election, in
which lie found, the objections without merit and recommended that
they be overruled. Thereafter, the Employer duly filed exceptions
to the Regional Director's report.
We have considered the Employer's objections, the Regional Direc-
tor's Report on Objections, and the Employer's exceptions to the re-
port. There are certain factual inconsistencies between the conten-
tions of the Employer and the version of what occurred as reported
by the Regional Director. However, we will not attempt to resolve
these differences but for the purposes of this decision, will accept as
true all the factual allegations of the Employer.
Objection 1.
The Employer alleges that an official of the petitioning union was at
the voting place electioneering among the eligible voters for some time
181 N. L. R. B. 208.
83 N. L. R. B., No. 74.
463
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
previous to the balloting. The election was scheduled in advance for
a. specific half-hour period. We know of no rule which prohibits elec-
tioneering before the time set for the election, nor do we see any reason
for such a rule. This objection is accordingly overruled.
Objection 2.
The Employer alleges that all during the election the same union
official was within 25 to 30 feet of the ballot box, within sight of the
employees just before and while they voted. It should be noted that
there is nothing in the record to indicate that the observer for the
Employer at any time objected to the proximity of the union official.
Furthermore, at the close of the election, the Employer's representa-
tive certified that the "balloting was fairly conducted, that all eligible
voters were given an opportunity to vote their ballots in secret, and
that the ballot box was protected in the interest of a fair and secret
vote."
The Employer contends, however, that the presence of the union
official, even though he did not engage the voters in conversation,
is electioneering. We do not believe that the mere presence of a union
official 25 to 30 feet from a polling place constitutes electioneering?
We therefore overrule this objection.
Accordingly, as the tally shows that a majority of the valid votes
have been cast for the Petitioner, we shall certify the petitioner as the
collective bargaining representative of the employees in the appropri-
ate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, A. F. of L., Local
No. 81, has been designated and selected by a majority of the employees
of Mutual Distributing Company, in the unit found to be appropriate,
as their representative for the purpose of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, as amended, the said organi-
zation is the exclusive representative of all the employees in such unit
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
CHAIRMAN HERZOG and MEMBER GRAY took no part in the considera-
tion of the above Supplemental Decision and Certification of
Representatives.
2 Matter of Craddock-Terry Shoe Corporation, 80 N. L. R. B. 1239: Matter of Crucible
Steel Company , 71 N. L. R. B. 1480; Matter of Moulton Ladder Manufacturing Company,
27 N. L. R.B.40.