El Paso-Ysleta Bus Co., Inc.

In the Matter of EL PASO-YSLETA Bus COMPANY, INCORPORATED, EM- PLOYER and DIVISION 1256, AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, A. F. OF L., PETITIONER Case No. 33-RC-15 SUPPLEMENTAL DECISION AND DIRECTION January 17, 1949 Pursuant to a Decision and Direction of Election 1 issued in the above-entitled matter, an election by secret ballot was held on October 15, 1948, under the direction and supervision of the Regional Director for the Sixteenth Region, among the employees of the Employer in the unit found appropriate. At the close of the election the parties were furnished a Tally of Ballots. The Tally shows that there were approximately 21 eligible voters and that 21 ballots were cast, of which 3 were void, 8 were for the Petitioner, 7 Were -against the Pe- titioner, and 3 were challenged. As the challenged ballots were sufficient in number to affect the out- come of the election, the Regional Director investigated the issue raised by the challenges. Thereafter, on October 22, 1948, the Re- gional Director issued and served upon the parties his Report on Chal- lenged Ballots. The Regional Director reports that the three chal- lenged ballots were cast by George Lusk, Dennis M. Bostick, and Audrey Currie who were discharged by the Employer prior to the election. The Regional Director recommends that these ballots be impounded until the disposition of charges filed by the Petitioner in Case No. 33-CA-7 wherein it is alleged that the three employees were discharged discriminatorily in violation of Section 8 (a) (3) of the Act. We shall direct that the three ballots be so impounded. 1 79 N. L. R. B. 1068. 81 N. L. R. B., No. 27. 188 EL PASO-YSLETA BUS COMPANY, INCORPORATED 189 No exceptions to the Report on Challenged Ballots have been filed, but the Employer has filed a motion to set aside the election and has requested that a new election be directed on the ground that the three employees who cast void ballots should be given another opportunity to vote in view of the relatively small number of employees in the ap- propriate unit. As a representative number of valid votes were cast, we find no merit in the Employer's contention and hereby deny the motion. DIRECTION DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with El Paso-Ysleta Bus Company, Incorporated, El Paso, Texas, the Regional Director for the Sixteenth Region shall continue to impound the ballots of George Lusk, Dennis M. Bostick, and Audrey Currie until the final disposition of Case No. 33-CA-7, and upon the final disposition of that case, the Regional Director shall, in accordance with the determina- tion therein, prepare and serve on the parties to this proceeding a report embodying his findings and recommendations as to the dispo- sition of the ballots of George Lusk, Dennis M. Bostick, and Audrey Currie.