NATIONAL LABOR RELATIONS BOARD

148 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
Thus, in Matter of Paragon Rubber Co.-American Character Doll
Company 23 the Board declared null and void an election in which
the factory manager of the employers was allowed to act as a teller
despite the objections of the union. The Board held that—
the presence as a teller at the election of a high supervisory official * * *
is inconsistent with a free choice of representatives and * * * was prejudicial
to the rights of the union and the employees.
In Matter of Penneylvanict G-reyhound Lines, 24 and in Matter of
"Walker Vehicle Company, 25 the objections involved the printing and
distribution of the ballots and notices of election. In the first case
the Board held that the secrecy of the balloting was not maintained
because it was found that—
prior to the election conducted at Tulsa, Oklahoma, the agent for the Board distributed
blank ballots to representatives of the Brotherhood of Railroad Trainmen
to be used as sample ballots; that said ballots were not designated as
sample ballots; that at least one such ballot, previously marked for the
Brotherhood of Railroad Trainmen, was attempted to be cast in place and instead
of the ballot furnished to the voter by the Boarthil agent in charge of
the balloting.
In the second case, where the notice of election issued by the Regional
Director improperly designated the petitioning union as
Walker's Automatic Independent Labor Association, it was contended
that this incorrect designation stigmatized the organization
as a company-dominated union. The Board stated :
Although the incorrect designation was no more than an inadvertent typographical
error, it may have placed an unintended stigma upon the Association
in the minds of some voters. Under this circumstance, we believe that a new
election is warranted in order that there may be no doubt as to the choice of
the employees concerned * *.
The objection to the election offered in Matter of Schwartz-Bernard
Cigar Company, 26 on the ground that "a streetcar strike in Detroit on
the morning of the day of the election prevented 33 employees eligible
to vote from reporting for work on that day and from voting," was
held to constitute an insufficient reason for setting aside the election.
Likewise, in Matter of International Freighting Corp., 27 a protest concerning
the conduct of the election on the ground that the seal of one
ballot box had been broken by a slit about one and three-fourths inches
long was found to be without merit for the reason that the total number
checked as having voted agreed exactly with the total number of
ballots found in all the ballot boxes at the time they were opened and
it was apparent that no additional ballots could have been put into
the ballot box in question.28
Regional Director may, when he thinks it consonant with the rights of the employees, permit
nonsupervisory (-mployees representing the employer to participate in the election, but this
matter is one for the discretion of the Regional Director."
23 Matter of Paragon Rubber Co-American Character Doll Company and Toy & Novelty
Workers Organizing Committee of the C. I. 0.. 7 N. L. R. B. 965.
z, Matter of Pennsylvania Greyhound Lines et al. (Southwestern Greyhound Lines and
Its Subsidiary) and The Brotherhood of Railroad Trainmen, 4 N. L. R. B. 271.
26 Matter of Walker Vehicle Company and the Automatic Transportation Company.
Divisions of the Yale & Towne Manufacturing Company and Walker-Automatic Independent
Labor Association, 7 N. L. R. B. 827.
26 Matter of Schwartz-Bernard Cigar Company and United Cigar Workers of America,
Local No. 1, 7 N. L. R. B. 503.
77 Matter of International Freighting Corp. et al. (Maiston Company, Inc.) and International
Seamen's Union of America, 6 N. L. R. B. 271.
A further objection made in the same case alleged that none of the ballot boxes were
properly sealed. Investigation revealed that no protests were made at the time of counting
the ballots, except as to the condition of the one box mentioned above. In disallowing this
general protest, the Board said : `• * • good faith on the part of persons protesting