Star Baking Co.

National Labor Relations Board - Board Decisions

Dec 13, 1957

119 N.L.R.B. 835 (N.L.R.B. 1957)

STAR BAKING COMPANY ' , 835
=61. D. M. Morrison
62. S. J. Mowery
63. K. I. Peasley
64. A. M. Peck
65. B. P. Peter
66. L. M. Pizzuto
67. H. E. Powers
68. M. M. Probst
69. E. F. "Rossman
70. A. E. Royer
71. N. C. Ruggiers
72. R. H. Russell
73. M. H. Ryan
74. D. M. Schaffer
75. L. V. Shady
76. M. G. Shivery
77. R. E. Simcox
78. R. A. Smith
79. N. J. Spotts
80. S. E. Stover
81. I. B. Thomas
82. T. P. Tressler
83. G. M. Walters
84. H. L. Weishans
85. G. E. Willits
86. L. B. Young
Star Baking Company and International "Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America,
Local No. 146,1 Petitioner . Case No. 30-RC-1289. December 13,
1957
SUPPLEMENTAL DECISION, ORDER, AND DIRECTION
OF SECOND ELECTION
Pursuant to a Decision and Direction of Election issued on June 13,
1957,2 an election by secret ballot was conducted on July 11, 1957,
among the employees in the unit found appropriate by the Board.
At the conclusion of the election, the parties were furnished with- a
tally of ballots which showed that of approximately 34 eligible voters,
14 cast votes for, and 14 cast votes against, the Petitioner. There
were no challenged ballots.
On July 15, 1957, the Petitioner filed timely objections to conduct
of the election. On August 28, 1957, the Regional Director issued
his report on objections in which he recommended that the election
be set aside. The Employer filed timely exceptions to the Regional
Director's report.
The Petitioner objected to the election on the ground that, in mail-
ing ballots to 14'employees, the Regional Director allowed insufficient
time for returning such ballots.
The Regional Director found no merit in this objection and recom-
mended that it be overruled. As no exception has been taken thereto,
we shall" adopt this recommendation and overrule the Petitioner's
objection to the election.
1 The Board having been notified by, the AFL- CIO that it deems the Teamsters' certifi-
cate of affiliation revoked by convention action, the identification of this union is hereby
amended.
2 Not reported in printed volumes of Board Decisions and Orders.
119 NLRB No. 11:L
836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
However, in investigating the issues raised by the objection, the
Regional Director found that one employee, Anthony Junta, sta-
tioned at Pueblo, Colorado, who was eligible to vote by mail,' but
failed to vote, was, through inadvertence, not furnished with a ballot
and did not have an opportunity to vote in the election. The Re-
gional Director concluded that Junta's rights as a voter were prej-
udiced and that the inconclusiveness of the election results might be
due to his failure to receive a ballot. Accordingly, the Regional
Director recommended that the Board, on its own motion, direct a
new election in order to afford all eligible employees an opportunity
to cast ballots in the election.
The Employer excepts to this recommendation on the grounds that
(1), in the July 11, 1957, election, 28 of the 34 eligible voters in the
unit cast ballots and that, therefore, a representative election was
held which reflected the desires of the employees in the unit, and (2)
there is no evidence that Junta did not receive notice of the election
or that he would have voted had he received a ballot.
As to (1), it is the responsibility of the Board to establish the
proper procedure for the conduct of its elections, which procedure
requires that all eligible voters, not merely a representative number,
be given the opportunity to vote. It is particularly important to
remedy the failure to discharge this responsibility where, as here, the
vote of the employee who failed to receive a ballot could have affected
the results of the election. As to (2), even if we assume that Junta
knew of the election, and that he therefore had an opportunity to
vote in person, we still would find that this was not adequate op-
portunity to vote. Junta was stationed at Pueblo, Colorado, 45 miles
from the polling place at Colorado Springs. It was the judgment of
the Regional Director, concurred in by the parties, that it was not
feasible for him to vote manually and that he should be polled by
mail.. In view of this, we believe that any opportunity that Junta
may have had to vote in person would not satisfy the Board's election
standards. We, therefore, find no merit in the exceptions of the Em-
ployer and overrule them. We shall, on our own motion, in accord
with the Regional Director's recommendation, set aside the election
and direct a new election.4
[The Board set aside the election held on July 11, 1957.]
[Text of Direction of Second Election omitted from publication.]
MEMBERS RODGERS and BEAN took no part in the consideration of
the above Supplemental `Decision, Order, and Direction of Second
Election.
3 The Recional Director states that the mail-voting procedure was adopted pursuant to
an understanding with the parties.
4 Alterman-Big Apple, Inc., 116 NLRB 1078, and cases cited therein. We find no merit.
in the Employer's contention that the Alterman case can be distinguished on the facts
from the instant case. %