The Sorg Paper Co.

National Labor Relations Board - Board Decisions

Oct 11, 1938

9 N.L.R.B. 136 (N.L.R.B. 1938)

In the Matter of THE SORG PAPER COMPANY and COMMITTEE FOR
INDUSTRIAL ORGANIZATION
Case No. R-633
CERTIFICATION OF REPRESENTATIVES
October 11, 1938
On July 27, 1938, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceeding. The Direction of Election provided that an
election by secret ballot be held among the production employees in
both the Paper Mill and the Bag Division of the Sorg Paper Com-
pany, Middletown, Ohio, on the company pay rolls of March 15 and
16, 1938, excluding office workers, supervisory employees who have
the right to hire and discharge, and watchmen, and excluding also
employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Local In-
dustrial Union No. 112, United Paper Workers of America, for the
purposes of collective bargaining.
On-August 26, 1938, the Regional Director filed his Intermediate
Report on the results and conduct of the election. As to the election
and its results, the Regional Director reported as follows :
Total number of alleged eligible voters_____________________ 571-
Number of ballots cast_____ _______________________________ 551
Number of unchallenged ballots for Local Industrial Union
No. 112, United Paper Workers (C. I. 0.) ---------------- 265
Number of unchallenged ballots against Local Industrial
Union No. 112, United Paper Workers (C. I. 0.) ---------- 257
Number of challenged ballots______________________________ 13
Number of blank ballots __________________________________ 12
Number of contested ballots_________ ______________________ 3
Number of spoiled ballots_ ________________________________ 1
The Regional Director recommended that two of the three con-
tested ballots be entirely disregarded, but that the third be counted.
Of the 13 challenged ballots, he recommended that 6 be counted, that
the challenge be upheld as to 5, and that no determination be made
as to the challenges regarding ballots cast by two discharged em-
ployees unless necessary to a disposition of the case.
18 N. L. R. B. 657
9 N. L. R. B., No. 22.
136
DECISIONS AND ORDERS 137
Objections to the Intermediate Report were thereupon filed by the
Company. The Regional Director found that they raised no sub-
stantial and material issue with respect to the conduct of the ballot.
They were thereafter forwarded to the Board. The Company agreed
that the two contested ballots which the Regional Director recom-
mended be disregarded should not be counted in determining the
votes cast for or against the Union, but contended, in its objections,
that they should be included in determining whether the Union re-
ceived a majority of the ballots cast. This contention is without
merit. In determining the question of a majority, only ballots validly
cast are to be considered. Void votes cannot contribute to their
total. The Company also objected. to the ruling on the third con-
tested ballot. We find that this ballot was correctly counted.
The Company also objected to the recommendation of the Regional
Director upholding the challenges with respect to the ballots of Roy
Gibson, William Herndon, James Lamb, and Harry Davis. For
the reasons set forth in the Intermediate Report, we find that these
ballots should not be counted. The challenges are accordingly
upheld.
The Board has considered the other exceptions to the Intermediate
Report and finds that no substantial and material issues with respect
to the conduct of the ballot or to the Intermediate Report are raised
thereby. On September 23, 1938, the Company filed with the Board
in Washington, D. C., a motion for hearing, argument, opportunity
to submit briefs, and for rehearing and reconsideration of the appro-
priate unit and other issues. The motion is hereby denied.
The unchallenged ballots cast, together with one contested and six
challenged ballots which we have ruled should be counted, bring the
total number of valid votes cast to 529. No decision has been made
as to the challenged ballots of the two discharged employees. The
possible number of valid votes cast is therefore 531. Since 265 un-
challenged ballots and one contested ballot which we have held should
be counted were cast for the Union, it has received a majority of
the valid votes cast regardless of whether this figure be 529 or 531.
It is, therefore, unnecessary to make any decision herein relative to
the challenged ballots cast by the two discharged employees or to
investigate and tabulate the individual preferences of the persons
casting the six challenged ballots which we have ruled may properly
be counted.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended,
138 NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that Local Industrial Union No. 112, United
Paper Workers of America, has been designated and selected by a
majority of the production employees of both the Paper Mill and
the Bag Division of Sorg Paper Company, Middletown, Ohio, ex-
cluding office workers, supervisory employees who have the right to
hire and discharge, and watchmen, as their representative for the
purposes of collective bargaining and that, pursuant to Section 9 (a)
of the National Labor Relations Act, Local Industrial Union Local
No. 112, United Paper Workers of America, is the exclusive repre-
sentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.
MR. DONALD WAKEFIELD SMITH took no part in the consideration of
the above Certification of Representatives.