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Show TIE IS CALLED IN FIRST LABOR V0TE1N STATE Spoiled Ballot Mars Election of Hotel Employes i I'tah'i first election to determine bargaining agency for employes, that Involving building service employes em-ployes at the Hotel Utah, in a decision de-cision reached Saturday by the state labor relations board to have resulted re-sulted In no bargaining agency being be-ing selected. Because of one ambiguous ballot, the majority of the board held that the vote resulted In a tie, not counting count-ing the ballot In queation, while Chairman William M. Knerr contended con-tended that the voter Intended to vote In favor of the union and that the union should be certified as the bargaining agency. One Hpoilcd In tha election, held August M, lis ballots were cast. The count found 71 in favor of the union, 72 against and one spoiled. The ballot was worded to ask whether the building service employes em-ployes wanted local s9 of the International Inter-national Building Service Employes' union to represent them in bargaining bargain-ing with tha Hotsl Utah company. The 'quealioned ballot had bean marked with an "X" in the square under "No" and then lines drawn through and around the square and the word until It was virtually obliterated. oblit-erated. Board Members O. V. McShane and B. D. Nebeker contended that the spoiled ballot had been marked In such a way as to render it Impossible Im-possible to determine the Intent of the voter. "We therefore find no designation designa-tion or selection of a bargaining agency has been made," they said, pointing to the constitutional provision pro-vision that if unless a proposal be carried in election that proposal does not become effective. Makes Contention Chairman Knerr, on tha other hand, held that it clearly waa the intention of tha voter to obliterate the "No" as to leave no doubt about his voting "Yes." He said he readily read-ily could understand how sn employe em-ploye might become confused by the form of the ballot In that in industry indus-try and governmsnt many questionnaires question-naires list both alternatives, leaving leav-ing the person to cross out ths one that does not apply to his case. He contended that the board should certify the union, an affiliate affili-ate of the American Federation of Labor, the bargaining agency. So far as tha labor board Is concerned, con-cerned, the case is closed. Further action must come from the Independent Inde-pendent union or the A F L affiliate, affili-ate, if another election is to be held. |