Broadway Rubber Corp.

584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD BROADWAY RUBBER CORPORATION and INTERNATIONAL CHEMICAL WORKERS UNION, AFL, PETITIONER. Case No. 9-RC-2099. July 19,1954 Supplemental Decision and Certification of Representatives On March 17, 1954, pursuant to a Decision and Direction of Election issued by the National Labor Relations Board,, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Ninth Region among the employees of the Employer in the unit found appropriate by the Board. Upon the con- clusion of the election, the parties were furnished a tally of ballots. The tally showed that there were 16 votes cast, of which 8 were for and 7 against the Petitioner. There was one challenged ballot, that of Leo Forister. As the challenged ballot was sufficient in number to affect the results of the election, the Regional Director conducted an investigation, and on April 21, 1954, issued and duly served upon the parties his report on challenged ballot. The ballot of Leo Forister was challenged by the Petitioner on the ground that he is a supervisor as defined in the Act. The Regional Director's investigation discloses that there has been no change in Forister's duties since the hearing, November 24, 1953, at which the parties stipulated that he was a supervisor within the meaning of the Act and the Employer's president and general manager there testified that Forister has the authority to hire and fire employees. The Regional Director recommended that the challenge to Leo Forister's ballot be sustained, and that an appro- priate certification be issued by the Board. The Employer filed excep- tions to the Regional Director's report. The Board has considered the Regional Director's report and the Employer's exceptions thereto, and hereby adopts the findings and recommendations of the Regional Director. Accordingly, as it ap- pears that the Petitioner has secured a majority of the valid votes cast in the election, we shall certify the Petitioner as the bargaining repre- sentative of the employees in the appropriate unit. [The Board certified the International Chemical Workers Union, AFL, as the designated collective-bargaining representative of the em- ployees of the Employer in the unit found appropriate in the Deci- sion and Direction of Election.] MEMBER BEESON took no part in the consideration of the above Sup- plemental Decision and Certification of Representatives. 1 Not reported in printed volumes of Board Decisions and Orders 109 NLRB No. 90.