Wagner Electric Corp.

National Labor Relations Board - Board Decisions

Jun 10, 1960

127 N.L.R.B. 1082 (N.L.R.B. 1960)

1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Wagner Electric Corp . and International Brotherhood of Team-
sters, Chauffeurs, Warehousemen & Helpers of America,
Local Union 926, Petitioner . Case No. 6-RC-2395. June 10,
1960
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Decision , Order, and Direction of Second Election
issued by the Board on December 17, 1959,' an election by secret ballot
was conducted on February 5, 1960, under the direction and super-
vision of the Regional Director for the Sixth Region, among employees
in the appropriate unit. After the election, the parties were furnished
with a tally of ballots, which showed that , of approximately 22 eligi-
ble voters , 3 cast valid ballots for, and 6 against, the Petitioner; and
there were 13 challenged ballots.
The Regional Director investigated the challenges and on March
16, 1960, issued his report on challenged ballots. In his report, he
made findings with respect to challenges and he recommended that 1
challenge be sustained , but he made no recommendations with respect
to the other 12 challenges . The Employer alone filed timely excep-
tions to the report.
The Board has considered the challenges , the Regional Director's
report, the Employer's exceptions , and the entire record in this case,
and makes the following findings: 2
The Regional Director found that employees of the Employer went
on strike on August 15, 1959, in protest against certain alleged con-
duct of the Employer in connection with the original election herein.
Objections to that conduct were filed by the Petitioner as a basis for
setting aside the election , and the Board subsequently sustained the
objections and directed a new election . Pursuant to that direction,
as previously indicated , the instant election was conducted on Febru-
ary 5, 1960. The Regional Director found that the strike continued
until January 27 , 1960. No exception was taken to this finding. There
is no indication that subsequent to that date, the Petitioner engaged
in any other activities in furtherance of the strike . In addition, no
unfair labor practice charges were filed against the Employer be-
cause of the conduct out of which the strike arose.
Of the 12 challenges which he did not resolve , the Regional Director
found that 6 involved alleged strikers and 6 involved striker replace-
ments. As reported by the Regional Director , the Petitioner did not
dispute that replacements were hired for strikers but contended, in
effect, that the eligibility period established for the first election
' Unpublished.
z As the exceptions do not relate to the Regional Director's recommendation that one
of the challenges be sustained, the recommendation is adopted pro forma.
127 NLRB No.,123.
CANTON STERILIZED WIPING CLOTH COMPANY 1083
which was set aside, should have been used for the new election. This
contention is without merit. Absent unusual circumstances, not pres-
ent herein, the Board uses a new eligibility period for a second
election.
As it appears from the foregoing facts that the strike came to an
end prior to the holding of the election, and that the strikers who
cast challenged ballots had been replaced during the strike, we find
that such strikers were ineligible to vote 3 Therefore, the challenges
to their ballots are hereby sustained. As the challenged replacements
were employees on the eligibility and election dates, they were eligible
voters. The challenges to their ballots are hereby overruled.
Accordingly, as we have overruled the challenges to six ballots, as
identified below, we shall direct that such ballots be opened and
counted.
[The Board directed that the Regional Director for the Sixth
Region shall, within 10 days from the date of this Direction, open and
count the ballots of Richard Armstrong, Harold Fisher, Darryl Gra-
ham, George Petrisko, Richard Solman, and Eugene Wolny and serve
upon the parties a revised tally of ballots.]
CHAIRMAN LEEDoM took no part in the consideration of the above
Supplemental Decision and Direction.
a See The Martin Bros. Container d Timber Products Corp ., 127 NLRB 1086. In
view of our disposition of these challenges , we need not reach the contentions made by
the Employer with respect thereto in its exceptions.
Canton Sterilized Wiping Cloth Company and Laundry and
Dry Cleaning International Union , AFL-CIO, Petitioner. Case
No. 8-RC-3404. June 10, 1960
DECISION AND DIRECTION
Pursuant to a stipulation for certification upon a consent election,
an election was conducted on May 20, 1959, under the direction and
supervision of the Regional Director for the Eighth Region, among
the employees in the stipulated unit. Upon the conclusion of the bal-
loting, the parties were furnished a tally of ballots, which showed
that of approximately 28 eligible voters, 10 cast valid ballots for, and
9 against, the Petitioner; and 9 cast challenged ballots. The Peti-
tioner filed timely objections to the conduct of the election.
Thereafter, the Regional Director conducted an investigation and
on July 10, 1959, issued his report on objections and challenges, in
which he recommended that the challenges to four ballots be over-
ruled and the ballots opened and counted; and that if, upon the count-
127 NLRB No.,122.