Consolidated Vultee Aircraft Corp.

In the Matter Of CONSOLIDATED VuLTEE AIRCRAFT CORPORATION, LouiSVILI.E DIVISION and INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL #320, A. F. of L. Case No. 9-R-1611 s DECISION AND ORDER DISMISSING PETITION January 19, 1945 On December 13, 1944, an election was conducted in the above mat- ter pursuant to the Board's Direction of November 30, 1944,1 and in accordance with the Rules and Regulations of the Board. It appears from the Tally of Ballots that of the approximately 10 eligible voters 5 cast ballots for the UAW-CIO, 4 for the Firemen, and none for neither, and that the 1 challenged ballot is sufficient to affect the results of the election. No objections were filed by any of the parties within the time provided therefor. On December 19, 1944, the Regional Director issued a Report on Challenged Ballot wherein he stated that all parties agree that the challenged voter was not employed in a classification, at the time of the election, that.would entitle him to vote. Accordingly, we hereby sustain the challenge. In its Decision of November 30, 1944, the Board stated that if a majority of the eligible employees chose the Firemen,they shall con- stitute a separate unit for bargaining purposes, but that if a majority chose the UAW-CIO, the petition would,be dismissed and the boiler room employees would remain a part of the industrial unit set up in CaseNo. 9-R-1460. By virtue of and pursuant to the power vested in the Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Sections 9 and 10, of the Board's Rules and Regulations- Series 3, as amended, IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Consolidated Vultee Air- craft Corporation, Louisville Division, Louisville, Kentucky, filed by International Brotherhood of Firemen & Oilers,;Local #320, A. F. of L., be, and it hereby is, dismissed. 159N. L. R. B'. 677. 60 N. L. R. B., No. 27. .147