The Jacksonville Journal Co.

National Labor Relations Board - Board Decisions

Feb 13, 1957

117 N.L.R.B. 360 (N.L.R.B. 1957)

360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
above, the Regional Director concluded raised a factual issue, the
Petitioner alleged that because of the speed required of its observer
in checking off voters, a supervisor was allowed to vote unchallenged.
The Employer in its exceptions contends that the Petitioner in its
objections did not raise the issues passed on by the Regional Director,
that- the Regional Director's findings of fact are erroneous, and -that
his recommendation to set aside the election should be rejected by
the Board or, alternatively, a hearing be held upon the factual matters
in dispute. However, a determination as to these objections and
whether or not they would, if supported by the evidence, warrant
setting aside the election must await the counting, as directed below,
of six of the challenged ballots. In our opinion, such objections
would be of, consequence only if the ballots referred to therein could
affect the ultimate election results.
Accordingly, we now defer ruling upon the issues raised with respect
to objections Nos. 1, 2, and S.
[The Board directed that the Regional Director for the Eleventh
Region shall, within ten (10) days from the date of this Direction,
open and- count the ballots of G. Bradford, A. Fallin, E. Wester,
C. Kelly, M. Maddox, and P. Poindexter and thereafter serve upon
the parties a supplemental tally of ballots.]
MF,bmER MuimocK took no part in the consideration of the above
Supplemental Decision and Direction.
The Jacksonville Journal Company and Jacksonville Newspaper
Guild, Local 134, American Newspaper Guild ,' AFL-CIO,
Petitioner
The Jacksonville Journal Company and Jacksonville Mailers
Union No. 138, International Mailers Union , Ind., Petitioner.2
Cases Nos. 12-RC-2 (formerly 10-KC-34092) and 12-RC-4 (for-
merly 10-RC-3435). February 13,1957
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Decision and Direction of Elections 3 issued herein on
September 19, 1956, elections by secret ballot were conducted on
November 3,1956, under the direction and supervision of the Regional
Director for the Tenth Region among the employees in the units found
appropriate by the Board. At the conclusion of the elections, the
Employer was furnished with tallies of ballots. The tallies showed
3 Hereinafter called the Guild.
2 Hereinafter called Mailers.
8116 NLRB 1136.
117 NLRB No. 50.
THE JACKSONVILLE JOURNAL COMPANY 361
that, among the employees sought by the Guild in Case No. 10-RC-
3 402, approximately 26 employees cast ballots of which 25 were for,
and 1 was against, the Guild. Among the employees sought by the
Mailers in Case No. 10-RC-3435, 20 employees cast ballots, of which
18 were for, and 2 were against, the Mailers.
On November 13, 1956, the Employer filed objections to the conduct
of both elections. On December 6, 1956, the Regional Director issued
his report on election, objections to election and recommendations to
the Board in which he recommended that the Board overrule the Em-
ployer's objections in both cases as untimely filed and issue a certi-
fication of representatives in both units. On December 14, 1956, the
Employer filed timely exceptions to the Regional Director's report on
objections.
In determining that the Employer's objections were not timely filed,
the Regional Director relied on the following findings. After the con-
clusion of the first election (in the mailer's unit), while the Board
ageiitlwas preparing a tally of ballots and certification of conduct of
election, copies of which were required under the Board's Rules and
Regulations to be furnished to the parties, the Employer's attorney
stated that he would not accept the tally or certification, although the
Board agent assured hint that they would be ready in it few minutes.
The attorney also instructed the Employer's election observer not to
accept these papers, asked the Board agent to nail them to his office
and left the polling place. When the Board agent completed the tally
and certification, he mailed copies to the Employer's attorney. The
tally of ballots was received by the Employer's attorney on November
5, 1956. At the conclusion of the second election (among the em-
ployees sought by the Guild), no representative of the Employer was
present. The tally and certification in this election were likewise
mailed • to the Employer's attorney and were received by liiin on
November 7.
The Regional Director found that the Board's obligation under the
Rules and Regulations to furnish the tallies of ballots to the Employer
was met when the offer of the tally was made to the Employer's attor-
ney at the conclusion of the first election; that any subsequent tender
was excused in view of the attorney's rejection of the initial tender;
that it is immaterial that thereafter copies of the tallies were furnished
to the Employer by mail'as this was done only as a matter of courtesy.
The Regional Director concluded that as the offer of the tallies was
made on November 3 (''Saturday), the 5-day time for filing objections
expired on November 9, and, as the objections were not received until
November 13, they were untimely filed.
In its exc--)tions to the Regional Director's report, the Employer
asserts that its attorney requested the Board agent at the election to
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
furnish the tallies by mail, and that the Board agent agreed to do so,
thereby negativing ,any tender by the Board agent at that time; and
that, in any event, the Board's Rules and Regulations provide that
the time for filing objections in this proceeding should be computed
from the date a tally is actually received by the parties and not from
the date of any tender thereof. The Employer contends that its ob-
jections, filed on November 13, were, therefore, timely, as they were
filed within 5 days of the receipt of the tally in each case, omitting the
intervening Saturday, Sunday, and a legal holiday (Veterans' Day)
in accordance with the Board's Rules and Regulations 4 The Em-
ployer accordingly requests that the Regional Director be required
to investigate the issues raised by its objections. We find merit in
the Employer's exceptions.
Section 102.61 of the Rules and Regulations of the Board prescribes
election procedure, the preparation of the tally of ballots and the time
within which objections may be filed. This section provides, in part:
Upon the conclusion of the election, the Regional Director shall
cause to be furnished to the parties a tally of ballots. Within 5
days after the tally of ballots has been furnished any party may
file with the Regional Director four copies of objections to the
election or to conduct affecting the results of the election, which
shall contain a short statement of the reasons therefor. [Em-
phasis supplied.]
This rule does not specify in what manner a tally of ballots may
be furnished to the parties. However, we deem the term "furnish"
to embrace mailing.' Moreover, as the Board agent, for whatever
reason, elected to mail the tallies to the Employer's attorney, we deem
the date of receipt of such tallies controlling in computing the time
for filing objections. In this view, it is immaterial whether or not a
tender was made on November 3, by the Board agent, and we do not
pass upon that question.
Section 102.83 of the Rules and Regulations provides the manner
of computing the time for filing objections. It states, in part:
In computing any period of time allowed by these rules, the day
of the act, event, or default after which the designated period
of time begins to run, is not to be included. The last day of the
period so computed is to be included, unless it is a Sunday or a
* The Employer contends , in the alternative , that even if the period for filing objections
is computed from November 3, such period would expire on November 13. We find no
merit in this contention , as it is clear that such period. If computed from November 3,
would end on November 9, as found by the Regional Director.
5 Compare Section 102.80 of the Board 's Rules and Regulations , which provides , in part :
Complaints , orders, and other processes and papers of the Board , its members, agent
or agency may be served personally or by registered mail or by telegraph or by leav-
ing a copy thereof at the principal office or place of business of the person required
to be served.
MARVIN LUMBER AND CEDAR COMPANY 363
legal holiday, in which event, the period runs until the end of
the next day which is neither a Sunday nor a legal holiday. When
the period of time prescribed or allowed is less than 7 days, inter-
mediate Sundays and holidays shall be excluded in the com-
putation.
_In determining the time to be allowed to the Employer to file ob-
jections, we shall for reasons already stated, commence the compu-
tation, in Case No. 10-RC-3435, on November 5, 1956, the date on
which the tally of ballots was furnished by mail. Normally the last
day to file objections would be November 10. However, November 10
was Saturday, a day on which the Board offices were closed. Novem-
ber 11 was Sunday, and November 12 was an officially declared Federal
holiday. As the objections in this case were filed on November 13,
they were timely. As the tally in the other case was not received
by the Employer until November 7, the objections filed therein on
November 13 were, a fortiori, timely. Accordingly, we, do not adopt
the Regional Director's recommendation that the objections in both
cases be rejected as untimely, and we shall remand the cases to the
Regional Director for investigation of the issues raised by such
objections.
[The Board directed that the Regional Director for the Twelfth
Region shall serve upon the parties a supplemental Report on Ob-
jections and shall take such other action as may be necessary.]
Marvin Lumber and Cedar Company and International Wood-
workers of America , AFL-CIO, Petitioner. Case No. 18-RC-
2971. February 13,1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hjalmar Storlie, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board fords :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer is a family business with the father as president
and the sons as officers. Although each son has a part of the business
for which he is primarily responsible, the responsibility overlaps.
117 NLRB No. 49.