Southern Bleachery and Print Works, Inc.

National Labor Relations Board - Board Decisions

Sep 14, 1948

79 N.L.R.B. 624 (N.L.R.B. 1948)

'In the 'Matter .of 'SouTHERw BLEACI ERT. • A•ND PRINT Wom s, INC.,.
EMPLOYER and 'MA'CHINE PRINTERS BENEFICIAL AssocIATION OF-THE.
UNITED STATES , PETITIONER
Case No. 70-RC-189.-Decided September 14,1948
DECISION.
AND
ORDER
Pursuant to a Stipulation for' Certification Upon Consent Election
executed by the Employer and the Petitioner on May `21, 1948, an elec--
tion by secretballot was conducted on May 24,1948, under the direction
and supervision of the Regional Director for the Tenth Region.
At the close of the election, the parties were furnished a Tally of
Ballots which indicates that there were 42 eligible voters and that 42
votes were cast, of which 21 were for the Petitioner, 20 against the
Petitioner, and 1 void.
On May 27,1948, the Employer filed Objections to Conduct Affecting
the Results of the Election, declaring that the Board agent's ruling as
to the void ballot was erroneous and that this ballot should be counted
'as a vote against the Petitioner. Thereafter, the Petitioner filed "a,
reply-to-the Employer's Objections. After due investigation, the Re--
gional Director issued his Report on Objections.
In his Report, the Regional Director found that, by reason of a.
printing error on the ballot, the voters in this election did not vote
upon the stipulated ,proposition as to whether or not they ,desired to be
represented by the Petitioner, but voted rather upon the proposition
customarily placed before voters in a Board election to authorize 'a
labor organization to enter into an agreement' with the Employer
requiring, membership in such . labor organization as -a condition of
employment. Thereafter, the Regional Director recommended 'that
the election be declared a nullity, that another election be directed by
the Board, and that no ruling be made as to the void ballot as such a
determination could not affect the outcome of the election. There-
after, the Employer filed, Exceptions to Report on Objections and the
Petitioner filed Statement in Reply to Employer's Exceptions.
79 N. L . R. B., No. 85.
624
SOUTHERN BLEACHERY AND PRINT WORKS , INC. 625
The Employer and the Petitioner agree that the election conducted
on May 24, 1948, was null and void. However, the Employer takes
the position that the terms of the Stipulation for Certification Upon
Consent Election have been fulfilled and that these terms do not now
pert iit,,without forrnahhearing,,the .direction of a new, election. We,"
finds no merit in,the Employer's, position.' Formal, hearing has, been
specifically waived by the parties , as well as findings of fact and con-
clusions of'l'aw by, theiBoard(prior-to,the.Bolding-of.arlxelection.2 -A41
material facts established at such formal hearing which provide the
bases, as prescribed by Section 9'of'the Act, for the Board to proceed
to an election , have been stipulated' by the parties, with the approval
of the Board. Moreover, we hayerin, the. past provided for the holding
of a new election after an original election held pursuant to such a
stipulation ,was' set aside bythe -Boards"
Accordingly; ^ we, shall; adopt the, Regionals Director's- recommendk'-'
tions, 4 'and( order. thab.the^ election. held, on May 24, 1948; be^ set- aside
aslnullL and' void anth that a new.relection• be, conducted ^und'er- the-termsl
and;conditions of theStipulation fbr Certification,Upon'Consent Elec-,
tion;.except' as 'to. such, electibn^ details hereinafter, pr-ovid`edi
ORDER
IT IS HEREBY ORDERED that, the election, held on May, 24, 1948,, among;
the employees of, Southern, Bleachery and, Print' Works, Inc., Taylors, ,
South,Carolina;,be,,and, it, hereby, is, set aside; and;
IT IS FURTHER ORDERED that an election,by, secret ballot be-conductedi
as early, as possible, but not later than, 30 days from .the date of, this
Order, under the direction and- supervision, of the RegionaltDirectorf
for the„Tenth- Region,, among, the, employees, in the appropriate unit
who, were employed during ,the pay-roll period,immediately, preceding;
the.date,of this Order, and under the terms and conditions,provided,in,
Stipulation, for Certification Upon, Consent Election. signed, by,,the
Employer •and,the Petitioner, on.-May, 21, 1948.
3 Pursuant to -the•provisions of- Section - 3 (b) of the National Labor Relations Act; the
Board has delegated its powers in connection with this case to a three-man panel 'consisting
of the-undersigned Board Members [Chairman. Herzog-and Members Reynolds'and Murdock].
2 Section,9 (c).(4) of, the. Act, provides 'for the, waiver- of hearings by stipulation for the
purpose , of'consent ,election.
3 See, e. g., Matter of Westinghouse Electric Corporation, 78• N. L. R. B. 315 ; Matter,
of,Lew,is;Shepard'Co . and Acme, Engzneer,ng Company, 74 N. L. R. B. 534.
44n,,view, ofiour- findingo herein; , we-deem it unnecessary to rule-upon the issue of'the
void ballot.,.