Quaker Oats Co.

National Labor Relations Board - Board Decisions

Oct 18, 1940

27 N.L.R.B. 944 (N.L.R.B. 1940)

In the Matter of QUAKER OATS COMPANY and UNITED CEREAL
WORKERS, LOCAL No. 633 (C. I. 0. )
Case No. R-1801
SUPPLEMENTAL DECISION
AND
ORDER
October 18, 1940
On June 11, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election,'
on July 10, 1940, an Amendment to Decision and Direction of Elec-
tion and Order Overruling Motion for Reconsideration and Rehear-
ing,2 and on July 31, 1940, a further Amendment to Direction of
Election in the above-entitled proceedings.3 Pursuant to the Direc-
tion of Election, as amended, an election by secret ballot was con-
ducted in part on August 1 and in part on August 15, 1940, under
the direction and supervision of the Regional Director for the Eighth
Region (Cleveland, Ohio). Acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended, the Regional Director issued and duly served upon
parties on August 17 an Election Report and on August 20 an
Amendment to Election Report. As to the balloting and its results,
the Regional Director reported as follows :
Total number of employees eligible-------------------------- 413
Total number of ballots cast--------------------------------- 419
Total number of votes for United Cereal Workers, Local No.
633 (CIO) ----------------------------------------------- 158
Total number of votes against United Cereal Workers, Local
No. 633 (CIO) -------------------------------------------- 223
Total number of blank ballots------------------------------- 0
Total'number of void ballots-------------------------------- 0
Total number of challenged votes--------------------------- 38
1 24 N. L R. B. 589.
2 25 N. L. R. B. 275
325 N L. R. B. 277.
27 N. L. R. B., No. 157.
944
QUAKER OATS COMPANY 945
On August 21, 1940, United Cereal Workers Local No. 633, C. 1. 0.,
herein called the Union, filed its Objections to the conduct of the
ballot and to the Election Report, wherein, it protested the conduct
of the election and the results thereof on the ground that by certain
alleged acts of coercion and intimidation, therein set forth, Quaker
Oats Company, the employer in these proceedings herein called the
Company, unlawfully interfered with the right of those entitled to
vote in the 'election to freely choose a collective bargaining
representative.
On September 28, 1940, the Regional Director issued a Report on
Objections, and on October 1, 1940, an Amendment to Report on Ob-
jections, copies of each of which were duly served on the parties,
wherein he reported, in substance, that the allegations of employer
interference contained in the Objections had been investigated by
agents, of the Board and were found either to be unsupported by evi-
dence or to raise no material or substantial issues relative to the con-
duct of the ballot. We have examined the Objections and are of the
opinion that they and the showing in support thereof are insufficient to
warrant a reasonable belief as to the probability of unlawful inter-
ference with the election on the part of the Company. As above men-
tioned the Regional Director's investigation has disclosed nothing
further which would variant such a belief. The possibility of a
denial of freedom to choose a collective bargaining agency in an elec-
tion had, should appear reasonably certain before a hearing upon
objections to an election be directed.4
We hereby overrule the Objections to the conduct of the ballot and
to the Election, Report, and affirm the rulings, findings, and recom-
mendations of the Regional Director in his Election Report, as
amended, and Report on Objections, as amended.
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of employees in the unit
heretofore found herein to be appropriate. The petition for investi-
gation and certification of representatives of employees of Quaker Oats
Company, Akron, Ohio, herein, will, therefore, be dismissed. Nothing
herein, however, shall be construed to prejudice the right of the Union
at any time hereafter to file or have considered by the Board another
petition for investigation and certification of representatives.
4 Matter of 'General Motors Sales Corporation and Enter prise Association of Steam, Hot
Water, Hydraulic, Piping, Sprinkler, Pneumatic Tube , Ice Machine, Air Conditioning, and
General Pipe fitters of New York and Vicinity, Local No. 638, United Association of Journey-
men, Plumbers and Steam fitters of the United States and Canada , affiliated with the
American Federation of Labora, Branch C, 25 N L R B. 92; Matter of Farnsworth
Television it Radio Corporation and International Brotherhood of Electrical Workers, Local
#B 1160, affiliated with the A F of L, 26 N L R. B 85
323428-42-vcl 27-61
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
By virtue of Section 9 (c) of the National Labor_ Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
ORDERED that the petition for investigation and certification of rep-
resentatives of employees of Quaker Oats Company, Akron, Ohio,
filed herein by United Cereal Workers, Local No. 633 (C. I. 0.), be,
and it hereby is dismissed.