Earl J. Scott Co.

In the Matter of EARL J. SCOTT COMPANY, EMPLOYER and, INTER- NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, LOCAL No. 188, UNION Case No. 35-RC-169.-Decided March 29, 1949 DECISION AND ORDER Pursuant to a "Stipulation for Certification upon Consent Election," dated November 24, 1948, an election by secret ballot was conducted on December 8, 1948, among the employees in the stipulated unit, in ac- cordance with the Stipulation and the Rules and Regulations of the Board. Upon the conclusion of the election, a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 23 eligible voters, and that 31 votes were cast. Of these 21 votes, 5 were for the Union, 15 were against the Union, and 11 were challenged. As the number of challenged ballots was sufficient to affect the result of the election the Regional Director, pursuant to Section 203.61 of the Board's Rules and Regulations, conducted an investigation? Thereafter, on Feb- ruary 28, 1949, he issued, and duly served upon the parties, a Report on Challenged Ballots. In his Report, the Regional Director recom- mended that the challenges to 9 ballots be sustained. As no exceptions have been filed to this report by any of the parties within the time provided therefor, we z shall adopt the findings and recommendation of the Regional Director. As the Tally of Ballots shows that with the exclusion of the nine challenged ballots no collec- tive bargaining representative has been selected , we shall dismiss the petition. ORDER IT Is HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. i On December 14, 1948, the Union filed timely Objections to the conduct of the election in conformity with Section 203.61 of the Rules and Regulations of the Board. On February 23, 1949, the Union withdrew its Objections. 2 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 [ Chairman Herzog and Members Houston and Murdock]. 82 N. L. R. B., No. 50. 458