Dunn Motor Co.

822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD If a majority of the employees in groups 1, 2, 3, or 4 vote for the labor organization seeking to represent that group separately, they will be taken to have indicated their desire to constitute a separate appropriate unit, and the Regional Director conducting the election herein is instructed to issue a certification of representatives to such labor organization or organizations for such unit or units, which the Board under such circumstances finds to be appropriate for purposes of collective bargaining. In the event a majority in any of the voting groups 1 to 4 vote for International Union of Automobile, Aircraft & Agricultural Implement Workers of America, CIO, they will be taken to have indicated their desire to be represented by such union, and if a majority in group 5 likewise vote for such union, the Regional Director is instructed to issue a certification of representatives to International Union of Automobile, Aircraft & Agricultural Imple- ment Workers of America, CIO, for a plant-wide production and maintenance unit, including therein the employees in any one or more of groups 1 to 4 in which a majority have voted for such union, which unit the Board, under such circumstances, finds to be appropriate for purposes of collective bargaining. [Text of Direction of Elections omitted from publication in this volume.] Order IT Is HEREBY ORDERED that the petition in Case No. 8-RC-1599 be, and it hereby is, dismissed. MEMBER PETERSON took no part in the consideration of the above Decision, Direction of Elections, and Order. WILLIAM J. DUNN, D/B/A DUNN MOTOR COMPANY and LODGE 1317, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER. Case No. 15-RC-687. August 27,1952 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Election,' issued on May 22, 1952, in the above-entitled proceeding, an election by secret ballot was conducted on June 10, 1952, under the direction and supervision of the Regional Director for the Fifteenth Region, among employees in the unit found appropriate in such Decision and Direction of Election. At the conclusion of the election, the parties were furnished a tally 1 Not reported in the printed volumes of the Board's Decisions. 100 NLRB No. 112. DUNN MOTOR COMPANY 823 of ballots which shows that of approximately 10 eligible voters, 10 valid ballots were cast, of which 8 were cast for and 2 against the Petitioner. The Employer filed objections to conduct affecting the election, which objections,2 having been forwarded to the Regional Director by depositing the same in the United States mail at Lake Charles, Louisi- ana, on June 16, 1952, were received by the Regional Director at his office in New Orleans, on June 18,1952. A copy of such objections was served upon the Petitioner herein in a similar manner, such copy being received by Petitioner on June 17, 1952. Thereupon on June 26,1952, the Regional Director issued and served upon the parties his report on objections. The Regional Director found that as the election herein was conducted in accordance with Section 102.61 of the Board's Rules and Regulations, Series 6, as amended,3 and the tally of ballots served on the Employer on June 10, 1952, the Employer's objections received at the Regional office on June 18, 1952, were not therefore timely filed. Accordingly he recom- mended that the objections be overruled and the Petitioner certified. The Employer filed timely exceptions to the report on objections. The Employer contends that the actual date of filing of the objec- tions should be the date on which they were deposited in the mail, which was June 16, 1952, and that any other construction of the rule would make compliance therewith unreasonable and burdensome. If so construed, the objections would have been filed within the 5-day period provided therefore by Section 102.61. However, when we adopted Section 102.83 of the Board's Rules and Regulations (which clearly provides that in order to be timely filed objections miust be received 4 by the Regional Director at his office within the specified 5- day period),5 the Board gave consideration to all problems incident thereto. We believe that the rule is salutary and not unreasonable in its requirements, and that it is essential to certainty in procedural matters that parties be held to strict compliance therewith .6 As the last day of the 5-day period provided by Section 102.61 for filing objections to the election was June 17, 1952, we must find that the Employer's objections received and filed at the Regional Director's a The Employer alleged that the Petitioner improperly threatened employees with the loss of their jobs if "no union" was voted, and that such conduct prevented the employees from exercising a free choice in the election. ° Effective June 3, 1952 ' Section 102 83 reads in applicable part "When the act or any of these rules requires the filing of a motion, brief , exception , or other paper in any proceeding , such document must be received by the Board or the officer or agent designated to receive such matter before the close of business of the last day of the time limit, if any, for such filing or extension of time that may have been granted " This provision was incorporated in the Rules and Regulations , Series 6, on March 1, 1951. [ Emphasis supplied.] c Cf. Western Wear of California, Inc., 87 NLRB 1363 ° See N. L. R. B. v. Conlon Brothers Manufacturing Company, 187 F. 2d 329 (C. A. 7) enforcing 88 NLRB 107 ; Beacon Manufacturing Company, 94 NLRB 881. 824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD office on June 18, 1952, were not timely filed. Accordingly, we 7 shall dismiss the Employer's objections and his exceptions. As the Peti- tioner has secured a majority of the votes cast, we shall certify it as the bargaining representative of the employees in the appropriate unit. Certification of Representatives It is hereby certified that Lodge 1317, International Association of Machinists, AFL, has been designated and selected by a majority of the employees in the unit found appropriate in the Decision and Direc- tion of Election herein, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, as amended, the said organization is the exclusive representative of all the employees in such unit for the purposes of collective bargain- ing with respect to rates of pay, wages, hours of employment, and other conditions of employment. 7 Pursuant to the provisions of Section 8 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [ Chairman Herzog and Members Murdock and Peterson]. WIEDEMANN MACHINE COMPANY, PETITIONER and LOCAL 123, INTER- NATIONAL UNION OF ELECTRICAL , RADIO AND MACHINE WORKERS, CIO and MACHINE TOOL AND DIE LOCAL 155, UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA (UE).t Case No. 4-RM- 112. August 07, 1952 Decision and Direction of Election Upon a petition duly filed, a hearing was held before Harold X. Summers, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 Pusuant 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, Murdock, and Styles]. ' The Unions are herein respectively called the IUE and the UE. 2 The hearing officer's rejection of the several offers of proof made at the hearing by the UE is affirmed for the reasons stated, infra. We also affirm the hearing officer's ruling, contrary to the UE's contention, that the IUE was not required to make a showing of interest in order to participate in this proceeding . Labor organizations named in em- ployer petitions need not make a showing of interest to be entitled to participate In pro- ceedings instituted by the filing of such petitions. P. R. Mallory cG Co., Inc., 89 NLRB 962. 100 NLRB No. 128.