Western Electric Co, Inc.

National Labor Relations Board - Board Decisions

Dec 29, 1951

97 N.L.R.B. 933 (N.L.R.B. 1951)

WESTERN ELECTRIC COMPANY, INCORPORATED 933
second question will then be counted together with the votes of the
nonprofessionals to decide the representative for the combined bar-
gaining unit. If, on the other hand, a majority of the professional
employees vote against inclusion, they will not be included with the
nonprofessional employees; their vote on the second question will
then be counted to decide whether or not they want to be represented
by the Petitioner in a separate professional unit. If a majority vote
for the Petitioner in either the professional unit alone, the nonpro-
fessional unit alone, or the combined unit, the Regional Director
conducting the election directed herein is instructed to issue a certifi-
cate of representatives to the Petitioner for such unit or units.
[Text of the Direction of Elections omitted from publication in this
volume.]
WESTERN ELECTRIC COMPANY, INCORPORATED and COMM UNICATIONS
WORKERS OF AMERICA, CIO, PETITIONER. Case No. 35-RC-528.
December 29, 1951
Supplemental Decision and Certification of Representatives
After the conduct of an election pursuant to a stipulation for certifi-
cation upon consent election, the filing of objections to the election by
International Brotherhood of Electrical Workers, AFL, herein called
the IBEW, and issuance of a report on objections and challenged
ballots by the Regional Director, the Board issued a Decision and
Direction overruling certain of the objections, reserving final ruling
on objection 4 concerning certain erroneous ballots, impounding 7
challenged ballots, and directing that certain other challenged ballots
be opened and counted. Thereafter the Regional Director counted
the challenged ballots as directed and issued a revised tally of ballots.
The IBEW objected to the revised tally, challenging the Regional
Director's declaration that one of the challenged ballots which had
been opened was void. The IBEW also requested a recount of all
ballots cast in the election. On November 13, 1951, the Board granted
the IBEW's request for a recount and deferred ruling on other matters.
At the recount the Petitioner and the IBEW challenged 32 ballots
which had been originally tallied as valid votes, but thereafter the
Petitioner withdrew the 23 challenges which it had made. On Decem-
ber 7, 1951, the Regional Director issued his report of results of re-
count and recommendations. The Petitioner filed a brief.
'96 NLRB 318.
97 NLRB No. 141.
986209-5 2-vol. 97--60
'934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board has considered the Regional Director's reports and the
contentions of the parties, and upon the entire record in the case makes
the following supplemental findings :
1. It appears from the revised tally and the report of results of
recount that the Petitioner has received 1,906 valid votes; the IBEW
has received 1,742 valid votes ; 2 145 votes have been cast against the
participating labor organizations; 1 ballot which was declared void by
the Regional Director at the time of the revised tally has been chal-
lenged by the IBEW; 3 9 ballots have been challenged by the IBEW
on recount; 7 challenged ballots remain impounded as directed by the
Board; and there are 22 void ballots, including 10 erroneous ballots .4
2. The Board has considered the one ballot which was declared void
by the Regional Director at the time of the revised tally and chal-
lenged by the IBEW. This ballot has no markings on the front; on
the back is written "A. F. of L." The Board agrees with the Regional
Director that this ballot should be declared void. The ballot will
therefore be added to the number of void ballots and excluded from
the number of valid votes cast.
3. The Board has examined photostatic copies of the 9 ballots which
were challenged by the IBEW on recount. The IBEW contends that
these ballots which were originally tallied as valid votes for the Peti-
tioner are void ballots. The ballots are marked as follows : 1 ballot
has the word "yes" written above the square under the Petitioner's
name and the square is blackened; 1 ballot has the word "yes" written
on each side of the Petitioner's square and has an "X" in the Peti-
tioner's square; 1 ballot has "CIO" written in the Petitioner's square;
1 ballot has an "X" on each side of the Petitioner's square and an "X"
in the Petitioner's square; 1 ballot has an oblique line in the Peti-
tioner's square; the remaining 4 ballots have more than 2 intersecting
lines in the Petitioner's square. The Board has carefully considered
these ballots and finds that they are valid votes for the Petitioner.
The markings on the ballots clearly indicate the intent of the voters
to vote for the Petitioner. The markings are not of such a character
as inherently to disclose the identity of the voter, and there is nothing
to indicate that they were made in order to identify the voter. We
2In his tally on recount the Regional Director reports 1,719 votes for the IBEW.
'Twenty -three other ballots which were originally tallied as valid votes for the IBEW were
challenged by the Petitioner on recount . As indicated above , the Petitioner has since with-
drawn its challenges on recount , and these 23 votes are added to the total valid votes cast
for the IBEW.
In the revised tally and the report of results of recount the Regional Director includes
this ballot with . the seven impounded challenged ballots and lists them as eight unopened
challenged ballots.
* Eight erroneous ballots appeared at the time the ballots were first counted In the election.
Two more erroneous ballots appeared when challenged ballots were opened pursuant to the
Board's Decision and Direction.
-WESTERN ELECTRIC COMPANY, INCORPORATED 935
therefore reject the contention of the IBEW, overtule'its challenges,
and accept the recommendation of the Regional Director that these
ballots be declared valid 5 These 9 ballots are added to the Petition-
er's 1,906 valid votes, making a total of 1,915 votes for the Petitioner.
4. The remaining 7 challenged ballots were impounded in connec-
tion with objection 4 of the IBEW as to the use in the election of 10
erroneous ballots mentioned above. Inasmuch ' as these ballots are
not sufficient in number to affect the result of the election," the Board
finds it unnecessary to pass upon these 7 challenges.
5. The addition of the 10 erroneous ballots to the total number of
valid ballots would not mathematically affect the result of the election.
The Board, therefore, overrules objection 4 of the IBEW.
6. The Petitioner has received a majority of the valid votes cast in
the election of June 19, 1951. Accordingly, it will be certified as the
representative of employees in the following unit which the Board
found appropriate in its original Decision and Direction :
All production and maintenance employees of the Employer at its
manufacturing division in Marion County, Indiana, excluding all
office and clerical employees and all professional employees, guards,
sergeants, firemen (watch and fire service), utility man (fire protec-
tion), and supervisors as defined in the Act.
Certification of Representatives
IT IS HEREBY CERTIFIED that Communications Workers of America,
CIO, has been designated and selected by a majority of the employees
of the above-named Employer, in the unit hereinabove set forth and
found by the Board to be appropriate, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, as amended, the said organization is the exclusive repre-
sentative of all the employees in such unit for the purposes of col-
lective bargaining with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
MEMBER HousTON took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.
5 See Luntz Iron h Steel Company, 97 NLRB 909. For the reasons indicated In his
dissenting opinion in the Luntz case, reasons which he believes to be confirmed by the
Board's action here, Chairman Herzog disagrees with the disposition of these challenged
ballots. Were he still free to dissent here, and not bound by the Luntz decision , he would
sustain these challenges
0 If the 7 impounded ballots were included as valid ballots , the total number of valid
votes cast in the election would be 3 ,809 (1 ,915 votes for the Petitioner , 1,742 votes for
the IBEW, 145 votes against the participating labor organizations , and 7 impounded
ballots ) ; the Petitioner 's 1,915 votes represent a majority of this total.