General Motor Truck Sales

In the Matter of L. E . SERVICE, D/B/A GENERAL MOTOR TRUCK SALES, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIs- TRICT LODGE No.,41 , PETITIONER - , Case No. 20-RC-148 SUPPLEMENTAL DECISION AND ORDER June 8,1949 Pursuant to a Decision and Direction of Election by the National Labor Relations Board, issued on December 31, 1948,1 an election by secret ballot was conducted in this case on January 18, 1949, under the direction and supervision of the Regional Director for the Twentieth Region (San Francisco, California). Upon conclusion of the election a Tally of Ballots was furnished the parties which showed the follow- ing results of the election : Approximate number of eligible voters--------------------- 10 Void ballots ---------------------------------------------- 1 Votes cast for the Petitioner------------------------------- 3 Votes cast against the Petitioner---------------------------- 4 Valid votes counted-------------------------------------- 7 Challenged ballots------------------- ---------------------- 2 Valid votes counted plus challenged ballots----------------- 9 Because the challenged ballots were sufficient in number to affect the outcome of the election, the Regional Director conducted an investiga- tion. On May 3, 1949, he issued and served upon the parties a Report on Challenged Ballots in which he recommended that the challenges to two ballots be sustained and that the ballots not be counted. No exceptions to the Regional Director's report were filed by any of the parties within the time provided therefor. As no exceptions have been filed, we 2 hereby adopt the Regional Director's Report on Challenged Ballots and sustain the challenges 1 Matter of Lawrence Holbrook et al, 80 N. L. R B 1679. ' 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-member panel [ Members Houston, Reynolds , and Murdock]. 84 N. L. R. B., No. 6. 28 1 GENERAL MOTOR TRUCK SALES 29 to the two ballots involved. As the Petitioner did not receive a ma- jority of the valid ballots cast in the election, we shall dismiss the petition. ORDER IT Is HEREBY ORDERED that the petition for certification filed in the case of L. E. Service, d/b/a General Motor Truck Sales, Case No. 20-RC-148, be, and it hereby is, dismissed.