Consolidated Industries, Inc.

CONSOLIDATED INDUSTRIES, INC. 239, As the Petitioner failed to receive a majority of the votes cast in the original election herein we shall only certify the election's results. [The Board certified that a majority of the valid ballots was not cast for International Brotherhood of Electrical Workers, Local 271, AFL-CIO, and that the said Union is not the exclusive representative of the employees at the Employer's Wichita, Kansas, plant, in the voting group designated in paragraph numbered 4 of the Decision and Direction of Election herein.] Consolidated Industries, Inc. and International Union Automo- bile, Aircraft & Agricultural Implement Workers, AFL-CIO,' Petitioner. Case No. 1-RC-4212. January 27,1956 DECISION AND DIRECTION On November 4, 1955, 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 First Region among the employees in the agreed appropriate unit. Follow- ing the election, the Regional Director served on the parties a tally of ballots which showed that, of approximately 132 eligible voters, 129 cast valid ballots of which 65 were cast for the Petitioner and 64 were cast against the Petitioner. Two ballots were challenged. As the challenged ballots were sufficient in number to affect the results of the election, the Acting Regional Director, pursuant to the Board's Rules and Regulations, conducted an investigation and, on December 2, 1955, issued and caused to be served upon the parties a report on challenged ballots. In his report, the Acting Regional Di- rector recommended that the challenges to both ballots, cast by em- ployees Hadley and Yedynak, be overruled and that the ballots be opened and counted. The Employer filed exceptions only to that por- tion of the report of the Acting Regional Director which recom- mended that the ballot of Yedynak be opened and counted; the Peti- tioner filed no exceptions. The Board has reviewed the stipulation of the parties, the Acting Regional Director's report on challenged ballots, the Employer's ex- ceptions, and upon the entire record in the case, makes the following findings of fact : 1. The Employer is engaged in commerce within the meaning of the Act. , The AFL and CIO having merged, we are amending the identiheation of the affiliation of the Petitioner. 115 NLRB No. 41. 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. As stipulated by the parties, the following employees of the Em- ployer at its West Cheshire, Connecticut, plant, constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production, maintenance, and ship- ping department employees, excluding office clerical and professional employees and all supervisors as defined in the Act. 5. As noted above; no exceptions were filed to the Acting Regional Director's recommendation that the challenge to Hadley's ballot be overruled. In the absence of such exceptions, the Board adopts the Regional Director's recommendation and overrules the challenge to Hadley's ballot. As a conclusive election may result from the counting of Hadley's ballot, we shall direct that his ballot be opened and counted, and shall defer our ruling on the remaining challenged ballot until the results of the balloting, after the counting of Hadley's ballot, shall have been disclosed. [The Board directed that the Regional Director for the First Re- gion shall , within ten (10 ) clays from the date of this Direction, open and count the ballot of William Hadley and serve upon the parties a supplemental tally of ballots.] U. S. Rubber Company and Chauffeurs, Teamsters and Helpers Local Union No. 364, Petitioner. Case No. 13-RC-4373. January 27, 1956 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National La- bor Relations Act, a hearing was held before Virginia M. McElroy, hearing officer. The hearing officers rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer.' 'United Rubber, Cork, Linoleum and Plastic workers of America, AFL-CIO, Local Union No 65 was permitted to intervene on the basis of its certification and contractual interest. 115 NLRB No. 37.