NATIONAL LABOR RELATIONS BOARD

144 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
of the charges, as in Matter of The American Brass Company," or
where the charges have been withdrawn, as in Matter of Atolia Mining
Co.'
(D) THE BALLOT
The names of all parties participating in the hearing and claiming
to represent employees within the unit which the Board has found
appropriate are normally placed upon the ballot. 3 The Board has,
however, made no provision for the designation upon the ballot of
a labor organization which it has found to have been dominated and
interfered with by the employer.4 It has refused a place upon the
ballot to a labor organization which, although duly served with
notice of the hearing, refrained from becoming a party to the proceeding
or participating therein.° It has permitted a labor organization
in several cases to withdraw its name from the ballot subsequent
to the issuance of the direction of election.° In Matter of
Atolia Mining Co., 7 it was not clear from the record whether a particular
labor organization desired to have its name appear upon the
ballot in view of the Board's denial of a request that the holding of
the election be delayed. The Board accordingly provided for the
participation in the election by such labor organization, but stated
that it would amend the direction of election if the labor organization
requested within a specified period that its name should not appear
upon the ballot.
Where only one labor organization 8 claims the right to represent
the employees, the Board's direction of election provides that an election
shall be conducted to determine whether or not the employees
desire that labor organization to represent them. In such cases, the
ballot gives the employees the opportunity to vote for or against
1 Matter of The American Brass Company and The Waterbury Brass Workers" Union,
6 N. L. R. B. 723 and 7 N. L. R. B. 85.
3 Matter of Atolia Mining Co. and Federal Labor Union, Local 21464, A. F. of L., 7 N. L.
R. B. 980.
In Matter of American Furniture Company and Tectile Workers Organizing Committee,
4 N. L. R. B. 710, the Board pointed out : "The Act does not limit the employees'
choice of representatives to labor organizations in which they participate as
members or otherwise. Section 2 (4) of the Act defines 'representatives' to include any
individual or labor organization." See also Matter of Pennsylvania Greyhound Lines.
et al. (Southeastern Greyhound Lines) and The Brotherhood of Railroad Trainmen,
3 N. L. R. B. 622, 640; Matter of Fisher Body Corporation and United Automobile Workers
of America, Local 76, 7 N. L. R. B. 1083. In Matter of Rossie Velvet Company and
Charles B. Rayhall and Textile Workers Organizing Committee of the Committee for
Industrial Organization, 3 N. L. R. B. 804, a petition for investigation and certification
was filed by an individual employee. The Board found that it was not necessary to
consider the inclusion of his name on any ballot used in the election which it directed
for the reason that "he was not authorized by any employees to represent them" in the
proceeding.
'Matter of S. Blechman ,6 Sons, Inc. and United Wholesale Etnployees of New York,
Local 65, Textile Workers Organizing Committee—Committee for Industrial Organization.
4 N. L. R. B. 15; Matter of New Idea Inc. and The A. F. of L.
'
5 N. L. R. B. 881;
Matter of The Falk Corporation and Amalgamated Association of Iron, Steel and Tin
Workers of North America, Lodge 1528, 6 N. L. It. B. 654; Matter of Swift Company
and United Automobile Workers of America. Local No. 265, 7 N. L. R. B. 287 • Matter
of Semet-Solvay Company and Detroit Coke Oven Employees Association and International
Union, United Automobile Workers of America, Local 174, 7 N. L. It. B. 511.
Matter of Ira S. Bushey cE Sons, Inc., and Industrial Union of Marine Shipbuilding
Workers of America, Local No. 13. 5 N. L. It. B. 904; Matter of American France Line
et al. and International Seamen's Union of America. 3 N. L. R. B. 64. 75.
Matter of Pacific Gas and Electric Company and United Electrical rf Radio Workers
of America, 4 N. L. R. B..180 ; Matter of Schick Dry Shaver Company and Lodge No.
1557. International Association of Machinists, 4 N. L. R. B. 246; Matter of National
Distillers Products Co. and United Distillery Workers of N. A., Local No. 484, affiliated
with Committee for Industrial OrganRation, 6 N. L. It. B. 89.
7 Matter of Atolia Mining Co. and Federal Labor Union, Local 21, 464, A. F. of L.,
7 N. a R. B. 980.
The term "labor organization" as used in this paragraph does not include a labor
organization which the Board has found to have been dominated or interfered with by
the employer.