81 N.L.R.B. 1129 (N.L.R.B. 1949)

United States Gypsum Co.

National Labor Relations Board - Board DecisionsMar 2, 1949

81 N.L.R.B. 1129 (N.L.R.B. 1949)

In the Matter Of UNITED STATES GYPSUM COMPANY, EMPLOYER and UNITED GAS, COKE AND CHEMICAL WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 17-RC-107 ORDER OVERRULING OBJECTIONS AND DIRECTION March 2, 1949 Pursuant to a Decision and Direction of Elections issued by the Board on November 23, 1948, the Regional Director for the Seven- teenth Region conducted elections by secret ballot among the two groups of employees of the Employer described in the Decision. The Tally of Ballots in Group (1) shows that of the 8 eligible voters, 2 cast ballots for the Intervenor, 2 cast ballots for the Peti- tioner, and 4 cast ballots for no union. The Tally of Ballots in Group (2) shows that of the 65 eligible voters, 50 cast ballots for, and 15 cast ballots against, the Petitioner. Because the election held among the employees in Group (1) was inconclusive, the Regional Director, in accordance with Section 203.62 (d) of the Board's Rules and Regulations, declared the first election a nullity, and scheduled another election for that voting group. The Employer filed a motion with the Board, dated January 3, 1949, assert- ing that the Regional Director erred in scheduling the new election, and moved that the Board stay the election. On January 7, 1949, the Board denied the Employer's motion, and on January 7 and 8, 1949, a second election was held. Thereafter, the Regional Director im- pounded the ballots cast in the second election. On December 27, 1948, the Employer filed objections to the conduct of the election and conduct affecting the results of the election held among the employees in voting Group (2), on the single ground that a union officer was permitted to act as an official observer at the election. On January 11, 1949, after an investigation, the Regional Director issued his report on elections and objections, in which he found that the union official who had acted as an observer was an employee of the Employer and was eligible to vote in the election. The Regional Director found that the objection was without merit and recommended that it be overruled. On January 19, 1949, the Employer filed exceptions to the Regional Director's report on elec- 81 N. L. R. B.. No. 170. 1129 1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions and objections, in which, however, it did not except to this recommendation. As no exception has been filed to this recommenda- tion, we hereby adopt the recommendation and overrule the objection. The Regional Director also recommended that as a majority of the employees voting in the original election held in Group (1) had not voted for separate representation, and as the historical bargaining unit at the Employer's plant consisted of the production and maintenance employees together with the powerhouse employees, the Board should certify the Petitioner as collective bargaining representative of the combined groups of employees. The Regional Director further recommended that if the Board wished further information as to the desires of the employees in Group (1), it should direct that the impounded ballots cast in the second election be opened and counted, and that the Board certify the Petitioner as collective bargaining agent of the employees in Group (2). The Employer excepts to the recommendation that the im- pounded ballots be opened and counted, and requests the Board to find that the employees in Group (1) and Group (2) continue to constitute a single unit. In our Decision and Direction of Election we said, ". . . we shall consider the desire of the employees involved before making any unit determination." In our order dated January 7, 1949, we found that the original election held among the employees in voting Group (1) was inconclusive, thus affirming the Regional Director's action in scheduling a second election. As the second election held among these employees may conclusively indicate their desires, we shall direct that the impounded ballots cast in the second election be opened and counted. We shall therefore make no unit determination at this time, but shall defer such determination pending the opening and counting of the impounded ballots. DIRECTION IT IS HEREBY DIRECTED that the Regional Director for the Seventeenth Region, shall, within 10 days of this Direction, open and count the impounded ballots cast in the second election held among the employ- ees in voting Group (1), prepare and cause to be served upon the Parties to this proceeding a Tally of Ballots showing the results of such election, and further proceed in accordance with Sections 203.61 and 203.62 of the Board's Rules and Regulations. Dated, Washington, D. C., March 2,1949. By direction of the Board : FRANK M. KLEILER, Executive Secretary.