River Raisin Paper Co.

National Labor Relations Board - Board Decisions

Sep 18, 1946

70 N.L.R.B. 1348 (N.L.R.B. 1946)

In the Matter of RIVER RAISIN PAPER COMPANY, EMPLOYER and OFFICE
EMPLOYEES INTERNATIONAL UNION, AFL, PETITIONER
Case No. 7-R-25.-Decided September 18,1946
DECISION
AND
ORDER
On April 26, 1946, an election was held pursuant to a Stipulation
for Certification upon Consent Election Agreement between the
parties. At the election, the Petitioner challenged the 'vote of 5
employees and the Employer challenged the vote of 1 employee. A
Tally of Ballots cast showed 28 votes for the Petitioner and 25 votes
for "no union." Inasmuch as the challenged ballots could affect the
results of the election, an informal hearing was held by the Regional
Director to investigate the eligibility of the challenged voters., Sub-
sequently, a report on challenges was issued by the Regional Director
wherein 3 of the Petitioner's challenges were overruled and 2 were
sustained. The 1 challenge of the Employer was overruled. The 4
ballots to which the challenges were overruled were then opened and
counted in the presence of all parties. Subsequent to the opening
and counting of the ballots, the Employer filed Exceptions to the
Report on Challenges.
Inasmuch as the ballots to which challenges had been overruled
were opened and counted before the parties had been given an oppor-
tunity,to file exceptions to the Report on Challenges,' we will not, for
policy reasons, rule upon the challenges. We are of the opinion that
the purposes of the Act can best be effectuated by setting aside this
election without prejudice to the immediate holding of a new election.
ORDER
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Sections 203.54 and 203.55, of National
Labor Relations Board Rules and Regulations-Series 4,
1 See NLRB, Rules and Regulations , Section 203 .48 (b), Series 4, covering Stipulation
for Certification upon Consent Election.
70 N L. R. B No. 137.
1348
RIVER RAISIN PAPER COMPANY 1349
IT IS HEREBY ORDERED that the election on April 26, 1946, conducted
among employees of River Raisin Paper Company, Monroe, Michigan,
be, and it hereby is, set aside, without prejudice to the immediate
holding of a new election.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of
the above Decision and Order.