Scripto Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 30, 1946

67 N.L.R.B. 1078 (N.L.R.B. 1946)

In the Matter Of SCRIPTO MANUFACTURING COMPANY and FEDERAL
LABOR UNION No. 23803, AFFILIATED WITH THE AMERICAN FEDERA-
TION OF LABOR
In the Matter Of SCRIPTO MANUFACTURING COMPANY and UNITED
STEELWORKERS OF AMERICA, CIO
Cases Nos. 10-R-1567 and 10-R-1640, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 30, 1946
On February 1, 1946, pursuant to the Decision and Direction of
Election issued by the Board herein on January 7, 1946,1 an election
by secret ballot was conducted under the direction and supervision
of the Regional Director for the Tenth Region (Atlanta, Georgia).
Thereafter, a Tally of Ballots was furnished by the Regional Director
to the Company and to the representatives of the participating unions,
which Tally indicates the results of the election as follows :
Approximate number of eligible voters-------------------------------- 288
Void ballots------------------------------------------------------- 3
Votes cast for Federal Labor Union, No. 23803, AFL-------------------- 31
Votes cast for United Steelworkers of America , CIO------------------- 115
Votes east against participating labor organizations ------------------- 115
Challenged votes--------------------------------------------------- 0
No objections to the conduct of the election were filed by any party to
the proceeding. Upon request duly filed by the United Steelworkers
for a run-off election, the Regional Director, acting pursuant to Sec-
tion 11 of Article 111, of National Labor Relations Board Rules and
Regulations-Series 3, as amended, conducted on February 25, 1946,
a run-off election wherein an opportunity was offered the Company's
employees to choose between the United Steelworkers and no union.
2 65 N. L. It. B. 222.
67 N L. R. B., No. 137.
1078
SCRIPTO MANUFACTURING COMPANY 1079
The results of the run-off election according to the Tally of Ballots are
as follows :
Approximate number of eligible voters------------------------------- 292
Void ballots-------------------------------------------------------- I
Votes cast for United Steelworkers of America, CIO------------------- 139
Votes cast against United Steelworkers of America, CIO--------------- 124
Challenged ballots-------------------------------------------------- 0
Subsequent to the run-off election, the Company filed objections to the
conduct of the run-off election. In its objections the Company con-
tends (1) that the run-off election was unauthorized and invalid; (2)
that the run-off election was conducted without official notice to or
consultation with the Company; and (3) that the run-off election was
held without affording opportunity to employees in the armed services
to vote by mail. On March 12, 1946, the Regional Director, acting
pursuant to Article III, of National Labor Relations Board Rules
and Regulations-Series 3, as amended, issued and thereafter duly
served upon the parties his Report on Objections in which he found
the several objections of the Company to be without merit and recom-
mended that they be overruled. The Company thereafter filed excep-
tions to the Report on Objections.
With respect to the question of the Board's authority in the matter
of run-off elections, the right of the Board to conduct run-off elections
was considered at an early stage of the Board's history and found by
the Board to be warranted by Section 9 (c) of the Act.2 The procedure
for holding run-off elections is now governed by Section 11, Article III,
of the Board's Rules and Regulations-Series 3, as amended, which
provides that under certain circumstances, the Regional Director, may,
without further order of the Board, conduct a run-off election. The
Company challenges the validity of this rule as unfair to the em-
ployees who have voted for no union and contends that the original
election is conclusive as indicating a desire on the part of the Com-
pany's employees not to be represented by any labor organization. The
Rule objected to was adopted by the Board after serious consideration
of all problems relating thereto including the argument advanced by
the Company 3 Accordingly, we find no merit in the Company's con-
tention. Since the conditions specified in the Rules have been fulfilled 4
we find that the Regional Director was properly authorized to con-
duct the run-off election hereinabove referred to.
2 See Matter of Coos Bay Lumber Co , 16 N. L. R B. 476.
8 See Matter of John Oster Manufacturing Co, 61 N. L. R. B. 1622.
4 The objection raised by the Company in its Exceptions that the Regional Director
has not expressly stated in his Report on Objections that a written request for a run-off
election was received within the time limited therefor , is without merit since the Regional
Director had advised the Board that a written request for a run -off election was received
from the Steelworkers in accordance with the Board ' s Rules and Regulations relating
thereto.
1080 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As regards the contention of the Company that the run-off election
should have provided for a mail ballot in behalf of employees in the
armed forces, no issue in this respect was raised at the formal hearing
which preceded the Board's Decision and Direction of Election. In
the absence of such issue and a showing that a mail ballot is feasible
under the circumstances presented in a particular case, it is the policy
of the Board to provide for the usual manual voting procedure in the
case of both employees in active service and those presently engaged
in the armed forces of the United States.5 Accordingly, we find that
the omission of the Regional Director to provide for a mail ballot on
behalf of employees in the armed services was not prejudicial error
with respect to the conduct of the run-off election.
The further contention of the Company that it was not properly
notified and was not consulted with respect to the place for holding the
run-off election is equally lacking in merit. The Company was sent
a copy of the notice of the run-off election at least 5 days prior to
the date of the election. The determination of the place for holding
the election, which in this instance was off the premises of the Com-
pany, was a matter within the discretion of the Regional Director.
There is nothing in the record to indicate that this discretion was
abused or that the place for holding the election was unsuitable for
the purpose intended. Accordingly, we shall overrule the Company's
objection relating thereto.
We find, in accord with the recommendations of the Regional Di-
rector, that the Company's objections do not raise substantial or ma-
terial issues regarding the conduct of the election. Accordingly, the
objections are hereby overruled. Since the Tally shows that a major-
ity of all the valid votes counted have been cast for the Steelworkers,
we shall certify the latter as the collective bargaining representative
of the Company's employees in the appropriate unit.
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 production and
maintenance employees of Scripto Manufacturing Company, Atlanta,
Georgia, including employees in the receiving and shipping depart-
ments, but excluding office and clerical employees, employees of the
engineering department, guards or watchmen, and all supervisory
4 See Matter of South West Pennsylvania Pipe Lines, 64 N. L. R. B. 1384.
SCRIPTO MANUFACTURING COMPANY 1081
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, as their bargaining representative for the pur-
poses of collective bargaining, and that pursuant to Section 9 (a) of
the Act, the aforesaid organization is the exclusive representative of
all such employees for the purposes of collective bargaining with re-
spect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Certification of 'Representatives.