Grinnell Brothers

948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD GRINNELL BROTHERS and MICHIGAN JOINT BOARD, RETAIL AND DEPARTMENT STORE EMPLOYEES, AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO, PETITIONER. Case No. 7-RC--1559. June 2514195 Supplemental Decision and Order Pursuant to a Decision and Direction of Election' issued by the Board on February 8, 1952, an election by secret ballot was held on March 5, 1952, under the direction and supervision of the Regional Director for the Seventh Region, among the employees of the Em- ployer in the unit found appropriate. Upon completion of the election the parties were duly furnished a tally of ballots. The tally showed that, of approximately 20 eligible voters, no ballots were cast for,.and 2 against the Petitioner. In addition, there'were` 14 challenged ballot's. On March 5 the Employer filed objections to the conduct of the elec- tion. Pursuant to the Board's Rules and Regulations, the Regional Di- rector conducted an investigation of the challenged ballots and the objections to the conduct of the election. On May 20, 1952, the Re- gional Director issued his report on challenged ballots and objections. The Employer filed exceptions to the Regional Director's report. As no exceptions have been filed to the Regional Director's recom- mendations with regard to the challenged ballots of Margaret Wagner, Josephine Vinyard, Ruhla Harris, George D. Gosdin, Irvin Collins, Suzanne Tallman, Mary Labert, and Harold Bradt, we find,,in ac- cordance with those recommendations, that these employees are eligible to vote in the election, and we shall overrule the challenges to their ballots and order that they be opened and counted. We shall make no finding at this time with regard to the challenged ballots of Albert Cavanaugh, Pansy O'Dell, Leona Streeter, Vivian Voorhees, Gladys Pearce, and Genevieve Vaughn who, the Regional Director advises, are individuals involved in another proceeding now pending before the Board. The Employer objected to the conduct of the election on the ground that the notice of election issued in this case was improper in that two separate and distinct periods of time were allowed for voting. The Regional Director recommended that this objection, among others, be, overruled, stating that the Employer's counsel concurred with the Petitioner and the Board's agent in setting the hours for the elec- tion. The Employer has excepted to this finding of the Regional Director. We find, in agreement with the Regional Director, that the Employer's objections do not raise substantial or material issues with respect to the conduct of the election or to conduct affecting the re- sults of the election. The action of the Regional Director in setting the hours of the election to permit all persons ample time to vote, 1 98 NLRB 20 99 NLRB No. 143 FREEPORT GAS COAL COMPANY 949 whether or not concurred in by the Employer 's counsel, was within the Regional Director's discretion.2 The objections are hereby over- ruled. IT IS HEREBY ORDERED that the challenges to the ballots of the em- ployees named below be, and they hereby are, overruled; and IT IS HEREBY ORDERED that as part of the investigation to ascertain representatives for the purposes of collective bargaining with Grin- nell Brothers, Flint, Michigan, among the employees in the unit set forth in paragraph numbered 4 of the Decision and Direction of Elec- tion issued by the Board on February 8, 1952, the Regional Director for the Region in which this case was heard shall, pursuant to Na- tional Labor Relations Board Rules and Regulations, within ten (10) days from the date of this Direction, open and count the ballots of Margaret Wagner, Josephine Vinyard, Ruhla Harris, George D. Gosdin, Irvin Collins, Suzanne Tallman, Mary Labert, and Harold Bradt, and thereafter prepare and cause to be served upon the parties a revised tally of ballots , including therein the count of said challenged ballots. CHAIRMAN HERzoG and MEMBER PETERSON took no part in the con- sideration of the above Supplemental Decision and Order. 2 University Metal Products Co., Inc., 98 NLRB 1194. FREEPORT GAS COAL COMPANY and LOCAL No. 18, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, PETITIONER. Case No. 8-RC-1445. June 25,1950 Supplemental Decision and Order Pursuant to the Decision and Direction of Election issued by the Board in the above-entitled case on December 26, 1951, an election was conducted by the Regional Director for the Eighth Region on January 17, 1952, among employees in the appropriate unit. A tally of ballots issued to the parties on January 17, 1952, showed the results of the election as follows : Approximate number of eligible voters---------------------------- 42 Void ballots----------------------------------------------------- 0 Votes cast for Local 18, International Union of Operating Engi- neers, AFL---------------------------------------------------- 21 Votes cast against participating labor organization---------------- 21 Valid votes counted---------------------------------------------- 42 Challenged ballots------------------------------------------------ 0 On Monday, January 21, 1952, the Regional Director received from the Petitioner a telegram, dated Saturday, January 19, 1952, which read as follows : 99 NLRB No. 142. 215233-53-61