The Colonial Craft, Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1957

118 N.L.R.B. 913 (N.L.R.B. 1957)

THE COLONIAL CRAFT, INC. 913
placed them on the voting table, although he could not see how they were
marked. The Employer's observer, sitting closer to the voting table
than the union observer, stated that she was. paying no attention to
what the voters were doing. This employee is secretary, bookkeeper,
and soled office employee of the Employer.
In its exceptions the Employer admits the accuracy of "the factual
picture and the physical facilities whereat the voting took place," as
shown in the Regional Director's report, but contends that the recom-
mendation to set aside the election is in defiance of "plain sense" in the
absence of proof that the observers could and did see how the ballots
were marked. It stresses the fact that the union observer signed both
the certificate of conduct of election and the tally of ballots after the
votes were counted, without protest. Also, it alleges that the Board
agent went ahead with the improvised voting setup and refused to let
the plant foreman repair the vault light when he appeared, and argues
that it is an anomaly to set aside an election because of a condition for
which the agent, or, in effect, his superior, the Regional Director, is
responsible.
We find no merit in the Employer's exceptions in the circumstances
of this case, and accordingly deny them. Clearly the Board is ' re-
sponsible for assuring properly conducted elections, and its role in the
conduct of elections must not be open to question.2 Here the improvised
voting arrangements were entirely too open and too subject to observa-
tion to insure secrecy of the ballot and freedom of choice by the em-
ployees in the selection of a bargaining representative. A secret ballot
is essential to a free election. In the interest of preserving the in-
tegrity of our election processes, we shall set aside the election and
direct that a new election be held.'
[The Board set aside the election held on March 22,1957.]
[Text of Second Direction of Election omitted from publication.]
F See New York Telephone Co.. 1'09 NLRB 788, 790.
8 See Tidelands Marine Services , Inc., 116 NLRB 1222, 1224 and footnote 2.
The Colonial Craft, Inc., Petitioner and United Furniture Work-
ers of America, Local 154, AFL-CIO. Case No.1-RM-217. July
10, X957
SECOND SUPPLEMENTAL DECISION AND
CERTIFICATION OF REPRESENTATIVES
On May 29, 1957, the Board issued a Supplemental Decision and
Direction 1 in the above -entitled proceeding . Pursuant thereto, the
1117 NLRB 1833.
118 NLRB No. 114.
450558-58-vol. 118-49
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director for the First Region opened and counted the
ballots of Rita Bassett and Anna Severino and issued a revised tally
of ballots. The revised tally shows that 10 votes were cast for, and 9
against, the Petitioner, and 1 ballot, that of Arnold Severino, re-
mained challenged. As this ballot could be determinative of the
election, the Regional Director proceeded, in accordance with the
Board's Supplemental Decision and Direction, to investigate the
stock ownership of the Employer for the purpose of determining
whether James and Jessie Severino, parents of Arnold Severino, are
the owners of the corporate Employer. The Regional Director's
report of his investigation shows that upon the incorporation of the
Employer on January 11, 1952, 186 shares of common stock were
issued to James Severino, and 124 shares to Jessie Severino. The
investigation further shows that there has been no change in their
ownership since the formation of the corporation, and that there are
no other stockholders. Copies of the Regional Director's supple-
mental report on challenged ballots, containing the results of his
investigation, have been served upon the parties. No exceptions to
the Regional Director's report were received within the time provided
therefor.
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-member' panel [Chairman Leedom and Members
Bean and Jenkins].
As the Regional Director's report indicates that James and Jessie
Severino are the sole owners of the corporate Employer, we find that
Arnold Severino, their son, is employed by his parents and, therefore,
is not an "employee" within the meaning of Section 2 (3) of the Act.'
Accordingly, we sustain the challenge to the ballot of Arnold
Severino.
As the Petitioner obtained a majority of the valid ballots cast, we
shall certify it as the collective-bargaining representative of all
employees in the appropriate unit.
[The Board certified United Furniture Workers of America, Local
154, AFL-CIO, as the collective-bargaining representative of the
employees at the East Templeton, Massachusetts, plant of The
Colonial Craft, Inc.]
' Section 2 (3) provides that "The term 'employee' . . . shall not include . . . any
individual employed by his parent or spouse. . . See Amacricen Steel Buck Corporation,
107 NLRB 554, 550.