Necco Sales Corp.

National Labor Relations Board - Board Decisions

Oct 25, 1957

119 N.L.R.B. 155 (N.L.R.B. 1957)

NECCO SALES CORPORATION 155
We shall, -therefore, reopenm the ,case, set aside the certification, and
remand the case to the Regional Director for investigation of the
issues raised by such objections.
[The Board set aside the certification issued and reopened the case
for further proceedings.]
- [The Board directed that the Regional Director for the Sixteenth
Region shall investigate the issues raised by the objections and shall
prepare and serve upon the parties a supplemental report on objec-
tions, and shall take such other action as may be,necessary, in accord-
ance with the Rules and Regulations of the Board.]
MEMBERS MunDCK and BEAN took no part in the consideration of
the above Decision, Order, and Direction.
Necco Sales Corporation and Candy ,and Confectionery Union,,
Local 50, RWDSU, AFL-CIO, Petitioner. Case No. 2 RC-90f29.
Goober 25, 195'
DECISION AND- CERTIFICATION OF REPRESENTATIVES
'On August 22; 1957, pursuant to a'stipulatioi1 for certification upon
consent, election, an election by secret ballot !was conducted under
the direction and supervision of the Regional Director for the Second
Region among the employees in the agreed appropriate unit. Follow-
ing the election, the Regional Director served on the parties a tally
of ballots, which, showed that of approximately' 5 eligible- voters, 5
cast ballots; of which 3 were cast -for and,2 were cast against the
Petitioner. No ballots were challenged.
On -August 27,- 1957, the Employer filed timely objections which
alleged that : (1) Promptly after the results of the election were
published, 3' of the 5 employees who had voted informed the Employer
that they had intended to vote, and to the best of their knowledge had
voted, against the Petitioner, and (2) apparently a mistake was
made, in marking at-least 1' ballot and, thus, the result of the election
does not represent the, true - wishes, at- the time of the election, of a
majority of the employees-who voted. On September 1% 1957, the
Regional Director filed his report on objections in which he recom-
mended that the objections be overruled and that the Petitioner be
certified as the exclusive representative of the employees in the ap-
propriate unit. 'On, September 23, 1957, the ' Employer' filed excep-
tions to the Regional Director's repprt. - -
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
-119 NLRR No. 28.
156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this case to a three-member panel [Chairman Leedom and Members
Murdock and Jenkins].
The Board has reviewed the stipulation of the parties, the objec-
tions, the Regional Director's report on objections, and the Employer's
exceptions thereto.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act :
All production and maintenance employees at the Employer's Long
Island City, New York, plant, excluding office clerical employees,
professional employees, guards, and supervisors as defined in the Act.
5. As noted above, the tally of ballots shows that, of the 5 valid
ballots cast, 3 were cast for the Petitioner.
The Employer, in support of its objections, submitted four signed
statements from eligible voters. Two employees averred that they
had voted "no." A third stated that he had intended to vote "no;" but
in view of the election results, he was worried that he might have
mistakenly voted "yes." The fourth employee claimed to have voted
"yes," when he really wished to vote "no." The Regional Director
found no-merit in the objections. A careful scrutiny of the ballots
reveals no possible ambiguity with respect to each voter's intent and
no question was raised as to any ballot at the time of the count. The
designated observers certified that the election was fairly conducted
and there is no indication that the voters were unduly rushed or
handicapped in casting their ballots.
Accordingly, we agree with the Regional Director's conclusion that
the Employer's objections are without merit and, following his recom-
mendation, we hereby overrule. them.' As the Petitioner received a
majority of :the votes cast in the election, we shall certify it as rep-
resentative of the employees in the appropriate unit.
[The Board certified Candy and Confectionery Union, Local. 50,
RWDSU, AFL-CIO, as the designated collective-bargaining repre-
sentative of the employees of the Employer in the appropriate unit
described in paragraph numbered 4.].
1 1 Maliinckrodt Chemical Works, 79 NLRB 1399 , 1400 , footnote 2.