Sams Motor Sales, Inc.

In the Matter of SAMS MOTOR SALES, INCORPORATED, EMPLOYER. and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Case No. 34-RC-82 SUPPLEMENTAL DECISION AND DIRECTION May 17, 1949 On January 27, 1949, pursuant to a Decision and Direction of Elec- tions issued by the Board on January 3, 1949, an election by secret 'ballot was conducted under the direction and supervision of the Regional Director for the Fifth Region, among the employees of the Employer in the unit found appropriate in the Decision? Following the election, a Tally of Ballots was furnished the parties. The tally shows that there were approximately 20 eligible voters and that 18 ballots were cast, of which 7 were for the Petitioner, 7 against the Petitioner, and 4 ballots were challenged. The challenged ballots are sufficient in number to affect the results of the election. On February 2, 1949, the Petitioner filed Objections to the Conduct of the Election, alleging that the Employer, through his supervisors made certain threats to an employee or employees prior to the election. Thereupon, in accordance with the Board's Rules and Regulations, the Regional Director conducted an investigation on the objections to the conduct of the election and the challenges. On April 8, 1949, the Regional Director issued and duly served upon the parties his Report on Objections and Challenges. In his report the Regional Director found that the objections were without merit and recommended that they be overruled. He further found that the challenges to the ballots of Tom Holmes and James Dalton should be sustained and their ballots should not be counted, and that the challenges to the ballots of Alfred Carter and Foster Patrick should be overruled and these two ballots should be opened and counted. I The instant case, by order of the Board, was consolidated with Matter of Harrys Cadillac-Pontiac Company, Incorporated, Case No. 34-RC-71 and six other similar cases (81 N. L. R. B. 1). The instant case, for the purpose of this Supplemental Decision and Direction, is hereby severed from the other cases. 83 N. L. R. B., No. 97. 660 SAMS MOTOR SALES, INCORPORATED 661 As no exceptions to the Regional Director's Report on Objections and Challenges have been filed within the time provided therefor, we hereby adopt the Regional Director's findings and recommendations. We hereby overrule the Petitioner's objections to the conduct of the election. We further sustain the challenges to the ballots of Holmes and Dalton, and overruled the challenges to the ballots of'Carter and Patrick. We shall direct that the latter two ballots be opened and counted. DIRECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Sams Motor Sales, Incorporated, of Asheville, North Carolina, the Regional Director for the Fifth Re- gion, shall, pursuant to the National Labor Relations Board Rules and Regulations, within 10 days from the date of this Direction, open and count the ballots of Alfred Carter and Foster Patrick and thereafter cause to be served upon the parties a Supplemental Tally of Ballots, including therein the count of such challenged ballots. MEMBERS REYNOLDS and MuRDocg took no part in the consideration of the above Supplemental Decision and Direction. 844340-50-vol. 83-43