Parkway Lincoln-Mercury Sales, Inc.

In the Matter Of PARKWAY LINCOLN-MERCURY SALES, INC., EMPLOYER and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, A. F. L., PETITIONER Case No. 9-RC-425.-Decided June 02, 1949 DECISION ORDER AND DIRECTION OF ELECTION On April 12, 1949, pursuant to a "Stipulation for Certification upon Consent Election," an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Ninth Region. Upon conclusion of the election a Tally of Ballots was fur- nished the parties in accordance with the Rules and Regulations of the Board. The tally shows that, of approximately 22 eligible voters, all cast valid ballots, of which 5 were for the Petitioner and 17 were against the Petitioner. On April 14, 1949, the Petitioner filed objections to the election. On May 19, 1949, the Regional Director made his Report on Objections, which was served on all parties to this proceeding. In his report the Regional Director found : that the Employer had designated W. L. Hodgson to act as its observor at the election; that Hodgson is an official of the Employer, namely, its vice president; and that the presence of such official of the Employer at the polls interfered with the free choice by the employees in the selection of a representative for the purpose of collective 'bargaining. The Regional Director recommended that the election be set -aside and a new election be ordered. No exceptions having been filed by the parties to the Report on Objections as provided in the Board Rules and Regulations-Series 5, Section 203.61, as amended, we adopt the findings of the Regional Director. Accordingly, we shall set aside the election and shall direct a new election among the employees in the unit described in Section 11 of the "Stipulation for Certification upon Consent Election." 84 N. L. R. B., No. 57 475 476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER IT IS HEREBY ORDERED that the election of April 12, 1949, conducted among the employees of Parkway Lincoln-Mercury Sales, 'Inc., Cin- cinnati, Ohio, be, and it hereby is, set aside. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Ninth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit described in section 11 of the "Stipulation for Certification upon Consent Election," who were employed during the pay-roll period immediately preceding the date of this Direction of Election, includ- ing employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to re- instatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by International Union, United Automobile Workers of America, A. F. L. CHAIRMAN IIERZOG and MEMBER HOUSTON took no part in the consideration of the above Decision, Order, and Direction of Election.