Mycalex Div. of Spaulding Fibre Co., Inc. v. NLRB, 797-798
| Decision Date | 19 June 1973 |
| Docket Number | 73-1132.,No. 797-798,Dockets 72-2393,797-798 |
| Citation | 481 F.2d 1044 |
| Parties | MYCALEX DIVISION OF SPAULDING FIBRE CO., INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — Second Circuit |
Paul J. Spielberg, Washington, D. C. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Acting Asst. Gen. Counsel, Alan D. Longman, Atty., N. L. R. B., on the brief), for respondent.
Eugene H. Gordon, Solinger & Gordon, New York City, for petitioner.
Before FRIENDLY and HAYS, Circuit Judges, and JAMESON, District Judge.*
The single issue raised on this petition for review and cross-application for enforcement of an order of the National Labor Relations Board finding that the Company had violated Section 8(a) (5) and (1) of the NLRA by refusing to recognize and bargain with the Union is whether the Board erred in refusing to count one ballot marked in an irregular way in a representation election.
In February, 1972 the United Auto Workers filed a representation petition with the Board for a unit composed of all production and maintenance employees at the Mycalex Division of Spaulding Fibre Co., Inc. plant in Clinton, New Jersey. An election was scheduled and a notice of election was posted. The election was held on March 10. The ballot used in the election was in the customary form used in elections where only one union is involved and the voters are bi-lingual. The following is a sample copy of the ballot:
The ballot challenged in this petition contained no markings except the word "No" written on the "Yes" side of the ballot under the "Yes" square. We are presented with the question whether the Board abused its discretion in refusing to count this ballot as a vote against union representation. We think that the Board erred in ruling that the ballot should not be counted.
The question raised in the...
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N.L.R.B. v. Wrape Forest Industries, Inc., 78-1252
...a ballot with the word "No" written on the "Yes" side of the ballot should be counted as a "No" vote. Mycalex Division of Spaulding Fibre Co., Inc. v. NLRB, 481 F.2d 1044, (2d Cir. 1973). The Board's policy has been to allow a ballot if there is a clear expression of preference, regardless ......
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N.L.R.B. v. Duriron Co., Inc.
...Cir.1980), smiling faces, Sioux Products, Inc. v. NLRB, 703 F.2d 1010 (7th Cir.1983), extraneous words, Mycalex Division of Spaulding Fibre Co. v. NLRB, 481 F.2d 1044 (2d Cir.1973), and erased marks, Abtex Beverage Corp., 237 N.L.R.B. 1271 (1978). Although the prior decisions do not seem en......
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N.L.R.B. v. Connecticut Foundry Co.
...ballots, see, e.g., NLRB v. Wrape Forest Industries, Inc., 596 F.2d 817 (8th Cir. 1979) (en banc ); Mycalex Division of Spaulding Fibre Co. v. NLRB, 481 F.2d 1044 (2d Cir. 1973) (per curiam); NLRB v. Tobacco Processors, Inc., 456 F.2d 248 (4th Cir. 1972); NLRB v. Titche-Goettinger Co., 433 ......
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Roberts Door & Window Co. v. N.L.R.B., 75-1835
...a clear expression of preference, regardless of the irregularity of the mark on the ballot." 2 Mycalex Division of Spalding Fibre Co., Inc. v. N. L. R. B., 481 F.2d 1044, 1045 (2d Cir. 1973). The Board has in the past counted ballots which were unconventionally marked on their face. See, e.......