Reynolds Corp.

National Labor Relations Board - Board Decisions

Jul 26, 1945

62 N.L.R.B. 1458 (N.L.R.B. 1945)

In the Matter of REYNOLDS CORPORATION and UNITED STEELWORKERS
OF AMERICA, CIO
Case No. 10-R-1392
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 26, 1945
On May 26, 1945, the National Labor Relations Board issued a Deci-
sion and Direction of Election in the above-entitled proceeding,' and on
June 16, 1945, an amendment thereto. Pursuant to the Direction of
Election, as amended, the Regional Director on June 13, 1945, conducted
an election among employees of Reynolds Corporation, Milledgeville,
Georgia, herein called the Company, in the unit hitherto found appropri-
ate, to determine whether or not they desire to be represented by 'United
Steelworkers of America, CIO, herein called the Union, for the purposes
of collective bargaining. A Tally of Ballots prepared by a Board agent,
duly served on the parties, discloses the results of the election as follows :
Approximate number of eligible voters
Void ballots
Votes cast for United Steelworkers of America, CIO
Votse cast against participating labor organization
Valid votes counted
Challenged ballots .. .............. .
1611
10
715
672
1387
9
On June 18, 1945, the Company filed objections to the conduct of the
election, alleging that there were 30, and not merely 9, challenged ballots,
and that, for this reason, the Company questioned the accuracy of the
tally with respect to the number of votes for and against the Union. On
June 25, 1945, the Acting Regional Director filed his Report on Objec-
tions, serving copies upon the Company and the Union.
The Aciing Regional Director finds that the challenges, in part, resulted
from the inability of official observers to locate the names of the voters on
the eligibility lists held by official observers. The names of 2 challenged
' 61 N L R B 1495.
62 N. L. R. B., No. 202.
1458
REYNOLDS CORPORATION 1459
voters appeared twice on the copy of the list used by the Company's
representative, and, at the close of the election, it appeared that they were
30 challenged ballots. When this error of duplicate names was corrected,
there remained 28 challenged ballots. After the close of the polls, however,
representatives of the Board, the Company, and the Union conferred con-
cerning the eligibility of the 28 challenged voters. It was agreed by the
parties that 11 of the challenged voters were eligible to vote, and their
ballots were then commingled with the unchallenged ballots, which had
not yet been counted, and were duly counted thereafter. The parties further
agreed that 8 challenged voters were clearly ineligible to vote and that
their ballots should not be counted. Their ballots were cast aside, and no
further record made of them. Nine unresolved challenged ballots then
remained, upon which the parties could come to no agreement with respect
to the eligibility of the voters concerned. The Acting Regional Director
thus reported that there were only 9 challenged ballots resulting from the
election and that these did not affect the results of the election.
The Acting Regional Director recommended that the objections of the
Company be overruled and that the Union be certified as the exclusive
representative of employees in the appropriate unit. None of the parties
filed any exceptions to the Acting Regional Director's Report on Objec-
tions. Under these circumstances, we shall adopt the findings and recom-
mendations of the Acting Regional Director. We hereby overrule the
objections of the Company, and we shall certify the Union as the bargain-
ing representative of the Company's employees.
CERTIFICATION OF REPRESENTATIVES
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 CERTIFIED that United Steelworkers of America, CIO,
has been designated and selected by a majority of all the employees of
Reynolds Corporation, Milledgeville, Georgia, excluding plant-protection
employees, nurses, telephone operators, office and clefical employees, civil
service employees, trainees while attending school, auditing department
employees, laboratory technicians (analysts), assistant foremen and em-
ployees above that rank, and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in the
status -of employees, or effectively recommend such action, as their repre-
sentative for the purposes of collective bargaining and that, pursuant to
Section 9 (a) of the Act, the said organization is the exclusive representa-
tive of all such employees, for the purposes of collective bargaining, with
respect to rates of pay, wages, hours of employment, and other conditions
of employment.