The Patent Button Co. of Tennessee

National Labor Relations Board - Board Decisions

Jan 7, 1946

65 N.L.R.B. 244 (N.L.R.B. 1946)

In the Matter of THE PATENT BUTTON COMPANY OF TENNESSEE and
UNITED GAS, COKE AN13 CHEMICAL WORKERS, CIO
Case No. 10-R-1509
SUPPLEMENTAL DECISIONi
AND
CERTIFICATION OF REPRESENTATIVES
January 7, 1946
On October 18, 1945, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding,'
pursuant to which an election by secret ballot was conducted on No-
vember 5, 1945, under the direction and supervision of the Regional
Director for the Tenth Region (Atlanta, Georgia). At the conclu-
sion of the election a Tally of,,Ballots was furnished the parties in
accordance with the Rules and Regulations of the Board. As to the
balloting and its results, the Tally of Ballots shows as follows :
Approximate number of eligible voters----------------------- 136
Valid votes counted-------------------------------------- 121
Votes cast for United Gas, Coke and Chemical Workers, CIO-- 76
Votes cast for International Ladies Garment Workers Union,
AFL--------------------------------------------------- 19
Votes cast against participating unions-------------------- 26
Challenged-ballots ------------------ ----------------------- 0
Void ballots - ------------------------------------- 0
On November 10, 1945, International Ladies Garment Workers
Union, AFL, herein called the AFL, filed objections to the conduct
of the election. The objections are summarized as follows:
1. That the AFL was not afforded an opportunity to examine or
check the eligibility list prior to the election.
2. That the Board's agent conducting the election did not request
or obtain "authorizations of watchers" for the AFL.
3. That the conduct of the Board's agent in caring for, the ballot
box between the two voting sessions was improper.
4. That after the election no comparison was made between the
number of names on the voting list and the number of votes in the
ballot box, and that, according to the AFL's calculations, a discrepancy
Ia
164NLRB 335
65 N L R. B, No 51.
244
THE PATENT BUTTON COMPANY OF TENNESSEE. 245
existed between the number of employees on the voting list and the
number of ballots cast in the election.
On December 5, 1945, the Regional Director issued a Report on
Objections in which he recommended that the Objections be overruled.
On November 14, 1945, the AFL filed Exceptions to Report on Objec-
tions.2
As to the first objection made by the AFL, the Regional Director
reported that the AFL's observers and its business representative
examined the eligibility list prior to the election. Affidavits from the
AFL's observers support this finding.
The second objection made by the AFL raises an issue which appears
to be immaterial to the outcome of the election. In any event, the
Regional Director reported that the AFL had two observers at the
election and that it received a copy of the Tally of Ballots.3
In regard to the third objection, the Regional Director reported
that the observers for both unions and for the Company agreed that
theballot box should be sealed and remain in the custody of the Board's
agent between the two voting sessions; that this procedure was fol-
lowed; that the seal was examined by all observers at the beginning
of the second voting session; and that affidavits of all observers con-
firm the fact that the ballot box had not been tampered with. Fur-
thermore. the Certification On Conduct of Election was signed by all
observers.
As to the fourth objection, the Tally of Ballots, incorporated in the
record of this case and signed by representatives of each union and the
Company, is evidence that this objection is without merit.
Upon full consideration of all the evidence, we find that the objec-
tions raise no substantial or material issues with respect to the conduct
of the election, and they are hereby overruled.
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 Relations
Act, and pursuant to Article IIl, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended,
IT IS FIEBEBY CERTIFIED that United Gas, Coke and Chemical
Workers, CIO, has been designated and selected by a majority of all
employees of the Patent Button Company of Tennessee, Knoxville,
Tennessee, who are paid on an hourly or piece-rate basis, excluding
watchmen, cafeteria workers, quality control clerks, clerical workers,
salesmen, timekeepers, designers, draftsmen, administrative em-
2 In its E'ceptions, the AFL requested that it be alloNNed additional time in which to
submit further evidence to substantiate its Exceptions. After careful consideration of
this request, it is hereby denied
' The AFL does not contend that the wrong observers acted on its behalf at the election.
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246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, the chief engineer, foremen, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, the said organ-
ization 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.
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