Smoky Mountain Stages, Inc.

in the Matter of SMOKY MOUNTAIN STAGES, INC., EMPLOYER and AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, A. F. OF L., PETITIONER Case No. 34-RC-47.-Decided Febmsary 1, 1949 DECISION AND DIRECTION On June 14 and 15, 1948, pursuant to a Stipulation for Certification upon a Consent Election entered into by the parties hereto on May 21, 1948, the Regional Director conducted an election among employ- ees in a unit agreed to be appropriate. The Tally of Ballots furnished to the parties indicated that, of approximately 125 eligible voters, 72 cast ballots for the Petitioner; 45 cast ballots against the Petitioner; and 3 ballots were challenged. On August 31, 1948, the National Labor Relations Board' set aside the election on the ground that the ballots were not counted in accordance with the terms of the stipula- tion and remanded the case to the Regional Director for further action. The Regional Director thereupon issued notices of an elec- tion to be held on October 18 and 19, 1948. On October 8, 1948, the Employer filed a "Protest and a Reserva- tion of Rights" with the Board, wherein it objected to the action of the Regional Director in scheduling the election, contending that the stipulation of May 21, 1948, provided for an election on June 14 and 15, 1948, only; and that an election to be held on October 18 and 19, 1948, would be contrary to the terms of that stipulation and there- fore invalid. On October 18 and 19, 1948, the Regional Director conducted an election by secret ballot among the employees of the Employer in the agreed unit. At the close of the election, a Tally of Ballots was furnished the parties in accordance with the Rules and Regulations of the Board. The Tally of Ballots shows that there were approxi- mately 120 eligible voters and that, of the ballots cast, 5 were void ; 2 were cast for the Petitioner; 10 were cast against the Petitioner; and 95 were challenged. I Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members [Houston, Reynolds, and Gray]. 81 N. L. R B., No. 78. 446 SMOKY MOUNTAIN STAGES, INC. 447 On October 25, 1948, the Employer filed Objections to the Election, reiterating as an objection the holding of the election on October 18 and 19, 1948, and alleging that the Petitioner had committed unlawful acts and conduct affecting the election. On December 7, 1948, the Regional Director , having investigated the objections and the validity of the challenged ballots, issued and duly served on the parties his Report on Challenges and Objections. The Regional Director found that the Employer 's objections with respect to the holding of the election on October 18 and 19, 1948, following the invalidation by the Board of the first election upon objections of the Employer, did not raise substantial and material issues with respect to the conduct of the election. The Regional Director further found that the alleged unlawful acts and conduct did not raise substantial or material issues with respect to the conduct of the election. With respect to the 95 challenged ballots cast , the Regional Director found as follows : (1) that the ballot of Walter Wright, challenged by the Petitioner, was invalid , inasmuch as Wright was not an eligible voter at the time of holding the election ; ( 2) that 7 voters challenged by the Board, whose names appear on "Appendix A," were not em- ployed on the eligibility date and were therefore ineligible to vote; and (3 ) that the 87 voters challenged by the Employers , whose names appear on "Appendix B," were eligible voters. On the basis of these findings, the Regional Director recommended that the objections to the conduct of the election filed by the Employer be overruled ; that the challenges to the ballots of Wright and the seven voters whose names appear on "Appendix A" be sustained; and that the challenges to the votes of the employees listed on "Appendix B" should be overruled and that these ballots be counted . No excep- tions have been taken by either of the parties to the Regional Director's. Report. Neither of the parties having filed exceptions to the Regional Di- rector's Report -within the time provided therefor, we hereby adopt the Regional Director 's findings and recommendations therein. In accordance therewith , we hereby overrule the Employer's objections to the conduct of the election. We find that Walter Wright and the 7 employees whose names are listed on "Appendix All were not eligible voters, and the challenges to their ballots are hereby sustained, and their ballots will not be counted. We find that the 87 ballots cast by employees whose names appear on "Appendix B" were cast by eligible voters, and the challenges to these ballots are hereby overruled. We shall direct that these ballots be opened and counted. 448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION IT IS HERESY DIRECTED that the Regional Director for the Fifth Region shall within ten (10) days from the date of this Direction, open and count the 87 ballots cast by voters listed on "Appendix B"; and thereafter prepare and serve upon the parties to this proceeding a Supplemental Tally of Ballots; and take such further action as may appear appropriate within the Rules and Regulations of the Board. APPENDIX A E. W. Ball John D. Wallace E. W. Turner H. L. Davis George W. Cheek H. A. Moore Raymond C. Harrell APPENDIX B P. S. Harris N. V. Harmon O. L. Randall H. J. Swink W. H. Kirby J. E. Norton J. P. Gregg B. E. Davis R. W. Hensley H. E. Seivers H. C. Garren R. M. Day W. G. Rhinehart Morgan Mooney Paul Britt W. W. Cox Earnest Gregory W. E. Smith Henry E. Wood S. W. Arnold Worley Alexander Paul Landers R. S. White J. C. Mobley W. G. Alexander D. M. Plemmons William II. Rhodes Glenn Zachary Frank Wright Theo R. Wall L. E. McManus Nellie Jenkins Bruce J. Odom W. L. Stone E. R. Kahrs David F. Willis D. M. Williams W. F. Davis D. C. Crow D. O. Strange T. L. Adams Edgar L. Wells E. F. Carter Ralph Styles Everette Trammel R. J. Justice Q. D. McCall Gar Martin Paul Radford Joe T. Wall M. W. Green Gene Atchley Robert Beiffington Donald Martin J. C. Qualls B. D. Hall, Jr. F. L. Wallenhaupt C. J. Haynes James T. McAfee Bloxom Bailey Joe Fowler Frank H. Medley H. E. Shaw John W. White Ralph Nichols W. H. Dalton Clarence R. Parham J. W. Jackson J. M. Trantham C. E. Metcalf S. R. Scism J. H. Shetley R. L. Thomason Allen P. Snipes C. L. Ford H. F. Silvey P. T. Turnbull R. E. Rymer C. H. Pennington J. P. Smith T. S. Gatlin Herschel Brown Richard Callahand E. E. Cate Clyde E. King Clyde Simmons L. E. Alexander