Terrytoons, Inc.

National Labor Relations Board - Board Decisions

Jun 16, 1943

50 N.L.R.B. 684 (N.L.R.B. 1943)

In the Matter of TERRYTOONS, INC. and SCREEN CARTOONISTS LOCAL
1461, AFFILIATED WITH THE BROTHERHOOD OF PAINTERS, DECORATORS
AND PAPERHANGERS OF AMERICA, A. F. or L.
Case No. R-5.199
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 16, 1943 ,
On'May 3, 1943, th0 °National Labor Relations Board , herein called
-the Board, issued a Decision and Direction of Election in the above-
entitled proceeding." Pursuant to the Direction of Election, an elec-
1tion by secret ballot was conducted on May 17, 1943, under the direc-
tion and supervision of the Regional Director for the Second Region
(New York City). On May 18, 1943, the Regional Director, acting
pursuant to Article III, Section 10, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
-served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
.as follows :
Approximate number of eligible voters----------------------- 77
Total ballots cast------------------------------------------ 72
Total ballots challenged------------------------------------- 2
Total void ballots- ------------------------------------------ 0
Total valid ballots------------------------------------------ 70
Votes cast for Screen Cartoonists Local 1461, A F. of L-------- 53
Votes cast against above-mentioned union-------------------- 17
Prior to the aforesaid election, on May 15, 1943, the Company filed
with the Board a document entitled "Exception." The Board treated
the said Exception as a Motion for Reconsideration of the Decision
and Direction of Election and on May 22, 1943, ordered that the mo-
tion be denied. On May 25, 1943, the Company filed a paper entitled
"Exceptions, Objections and Motions." On -May 29, 1943, the Re-
gional Director issued a Report on Objections . On June 2, 1943.
1 49 N L R 13.401.
50 N. L. R. B., No. 92.
684
TERRYTOONS, INC. 685
the Company also filed Exceptions, Objections and Motions with
Respect to Report on Objections. It has also filed a brief which the
Board has considered. We shall treat these documents collectively
as Objections to the Election Report.
The objections of the Company are not directed to any specific
ruling of the Regional Director or to the conduct of the election.
In substance the Company alleges that "all of the proceedings to
date" deprive those employees of the Company who are at present
in the armed, forces of the United States of their right to vote, and
that had they been permitted to vote the results of the election would
have been affected.
The delays and difficulties incident to balloting by mail, the only
method of securing those rights of which the Company claims its
Employees in the armed forces were deprived, caused us to discontinue
this practice since December 1941. We stated, when this issue arose
on a previous occasion, that while the reasons which first impelled us
to attempt balloting by mail were equally valid then,
. . . administrative experience in the ensuing months has demon-
strated conclusively that it is impracticable to provide for mail
balloting by this group. Administrative difficulties in determin-
ipg the present location of men in military service have constantly
increased with concomitant delays in arrangements for elec-
tions. The actual voting of the group by mail has seriously re-
tarded the completion of elections in many cases, since substantial
time has had to be allowed for receipt and return of mail ballots
by eligibles in remote sections of the country. In addition, this
form of balloting has frequently raised material and substantial
issues relating to the conduct of the ballot and the election. On
the other hand, actual returns from such mail ballots have been
relatively small.2 '
Our armed forces are at present more widely scattered and the causes
which necessitated our abandonment of balloting by mail have greater
potency today. Hence we see no reason to depart from our present
practice while these conditions prevail .3 No circumstances have been
brought to our attention which would make -the above considerations
inapplicable in the present case. However, in our Decision and Direc-
tion of Election we recognize the right of employees in the armed
forces to vote, as is our usual practice, by granting eligibility to such
of them as appeared in person at the polls.
The Company, although contending that the results of the election
would have been affected had employees in the armed forces voted, has
2 Matter of TVilaon & Co., Inc , 37 N. L R. B. 944
sMatter of Mahon Company, 49 N. L R B. 142, Matter of Container Corporation
of,4mer,ca ,_ 49 N L R B 929,
686 DECISIONS OF NA'NONAL LABOR RELATIONS BOARD
made no attempt to show, how those results would have- been mate-
rially affected. Moreover, the Election Report demonstrates that
'there is no merit in this allegation. The Union has received a majority
(53) of the valid votes cast. Were the 70 valid votes counted,4 aug-
mented by the ballots of all 32 employees now claimed to be in the
armed forces, the Union would yet retain its majority.5 Accordingly,
the objections are overruled, and we shall certify the Union as the
exclusive representative of the 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 Rela-
tions Act, and pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY CERTIFIED that Screen Cartoonists Local 1461, affiliated
with the Brotherhood of Painters, Decorators and Paperhangers of
America, A. F. of L., has been designated and selected by a majority
of. all the employees of Terrytoons, Inc., at its New, Rochelle,. New
York, plant, engaged in the production of motion picture animated
cartoons, in all its various phases, including story, lay-out, background,
animation, break-down, in-between, tracing and coloring, camera, and
full-time maintenance employees, but excluding supervisory, office and
clerical employees, directors, and employees of the music department,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, the said organization is
the exclusive representative 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.
MR. GERARD D. REILLY took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.
The results would be, the, same were the two challenged ballots, to which theCompany
has made no objection, opened.
6 Fifty-three is a majority of 102 ( or 104 ). We have consistently held that a "majority"
means a majority of those participating, rather than a majority of those eligible.