Cory Corp.

244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to be represented in a separate bargaining unit . If a majority of these employees vote for the Intervenor , the Regional Director shall issue a certification of results of the election to that effect and they will remain a part of the existing plantwide unit. [Text of Direction of Election omitted from publication] Member Beeson took no part in the consideration of the above Decision and Direction of Election. FRESH'ND-AIRE COMPANY, DIVISION OF CORY CORPORA- TION and DISTRICT NO. 140, INTERNATIONAL ASSOCIA- TION OF MACHINISTS, AFL, Petitioner. Case No . 13-RC- 3190. April 14, 1954 THIRD SUPPLEMENTAL DECISION and CERTIFICATION OF REPRESENTATIVES On January 20, 1954, the Board issued its Second Supple- mental Decision and Direction herein, directing the Regional Director for the Thirteenth Region to open and count certain ballots which had been challenged in the election held herein on September 3, 1953, and to prepare and serve upon the parties a revised tally of ballots.' Pursuant thereto, the ballots in question were opened and counted , and a revised tally of ballots was prepared and served. The revised tally shows that 60 valid votes were counted, of which 42 were cast for the Petitioner and 18 were cast against the Petitioner; there were 10 void ballots; and there were 4 unopened chal- lenged ballots. On February 3, 1954, the Employer filed objections to the conduct of the election and to conduct which affected the results of the election. On February 5, 1954, the Regional Director issued his report on the objections, recommending that the objections be overruled and the Petitioner be certified as exclusive bargaining agent for the employees in the unit found appropriate. On February 26, 1954, the Employer filed exceptions to the Regional Director ' s report. The Board has considered the Regional Director's report, the exceptions , and the entire record in the case , and hereby adopts the findings, conclusions, and recommendations of the Regional Director. As indicated above, the election herein was held on Septem- ber 3, 1953, and the Employer did not file its objections to that election until February 3, 1954, 5 months later. We find, therefore, as the Regional Director did, that because the 1107 NLRB No. 183. 108 NLRB No. 56. EFCO MANUFACTURING, INC. 245 Employer failed to file its objections within 5 days of the election as required by the Board's Rules and Regulations, the objections were not timely filed. We find further, as the Regional Director did, that there were no extenuating circum- stances surrounding the failure to file the objections timely which would warrant a consideration of such untimely objec- tions.2 Accordingly, we overrule the Employer's objections to the election. As a majority of the valid votes counted were cast for the Petitioner, and as the four unopened challenged ballots cannot affect the results of the election, we shall, as recommended by the Regional Director, certify the Petitioner as the bargaining representative of the employees in the appropriate unit. [The Board certified District No. 140, International Associa- tion of Machinists, AFL, as the designated collective-bargain- ing representative of the Employer's production and mainte- nance employees at its Grays Lake, Illinois, plant, including shipping, receiving, and stockroom employees, but excluding office clerical and plant clerical employees, professional employees, guards, and supervisors as defined in the Act.] Member Beeson took no part in the consideration of the above Third Supplemental Decision and Certification of Repre- sentatives. 2Cf. General Motors Corporation, Central Foundry Division, 107 NLRB 1096, where a union's objections were not filed within 5 days of the election, but were considered as timely filed because the Regional Director's report on the employer's objections recommended a change in the results of the election, and the union's objections were filed within 5 days after service of the report. EFCO MANUFACTURING, INC. and UNITED STEELWORKERS OF AMERICA, CIO.' Case No. 1-CA-1296. April 15, 1954 DECISION AND ORDER On October 19, 1953, Trial Examiner W. Gerard Ryan issued his Intermediate Report in this case, finding that the Respondent had engaged in and was engaging in certain unfair labor prac- tices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter the Respond- ent, the Union, and the General Counsel filed exceptions to the Intermediate Report. The Respondent and the Union also filed supporting briefs. The Board has reviewed the rulings made by the Trial Exam- iner at the hearing and finds that no prejudicial error was 'Herein called the Union. 108 NLRB No. 52.