Gate City Table Co., Inc., Employer And United Paper Workers Of America, Cio, Petitioner, 1120 (1949)

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In the Matter of GATE CITY TABLE Co., INC., EMPLOYER and UNITED PAPER WORKERS OF AMERICA, CIO, PETITIONER Case No. 10-RC-696 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES December 16, 1949 Pursuant to the Decision and Direction of Election,1 issued on October 4, 1949, in the above proceeding, an election by secret ballot was conducted on October 18, 1949, under the direction and supervision of the Regional Director for the Tenth Region. At the conclusion of the election, the parties were furnished with a Tally of Ballots, which shows that, of 97 eligible voters, 90 cast ballots, of which 49 were cast for the Petitioner; 40 were cast for no union; 1 ballot was challenged.

On October 25, 1949, the Employer filed Objections to Conduct Affecting the Results of the Election, alleging that a circular distributed by the Petitioner the night before the election contained allegedly false statements, which intimidated and coerced the employees and prevented the exercise of their free choice in the election. Thereafter, the Regional Director investigated the objections and, on November 16, 1949, issued a Report on Objections to the Election, in which he found that the said objections did not raise substantial and material issues with respect to the election, and recommended that they be overruled. The Regional Director further recommended that the National Labor Relations Board certify that a majority of the valid ballots have been cast for the Petitioner, and that such labor organization is the exclusive bargaining representative of all employees in the unit heretofore found appropriate.

The Employer then filed exceptions to the Report on Objections, excepting to the somewhat cursory treatment of its objections by the Regional Director and spelling out more fully the nature of its protests. The Employer also urged an objection not raised in the written Unpublished.

87 NLRB No. 146.

1120 1121 objections. The Employer contends that a Field Examiner of the Board agreed to accept an oral objection raised by the Employer at the time of the investigation of objections. This pertained to the sample ballot printed on the circular. The Employer states that the circular carried the heading 'United States of America, National Labor Relations Board, Official Secret Ballot,' and in the box set aside for voting in favor of the Petitioner was a heavy cross marked, whereas the word 'sample' across the face of the ballot was written in a light, thin manner, which could...

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