Cessna Aircraft Co.

CESSNA AIRCRAFT COMPANY 237 that most of the replacements have indicated that they do not wish to be represented by the Union. The Employer contends that the Union therefore no longer represents a majority of the employees. We find no merit in this contention. The Board has consistently held,' with judicial approval,2 that, absent unusual circumstances not here present , a Board certification will be treated as identifying the statutory bargaining representative with certainty and finality for a period of 1 year; and, in order to protect the bargaining relationship from disturbance during that period, it is the policy of the Board, in cases like the one at bar, to dismiss all petitions filed at any time before the .end of the certification year.' Accordingly, we shall grant the Union's motion and dismiss the petition 4 [The Board dismissed the petition.] s 1 Centr-O-Cast c€ Engineering Co., 100 NLRB 1507. Cf. Henry Heide, Inc., 107 NLRB 1160. s Ray Brooks N. L. R. B., 348 U. S. 96. Centr-O-Cast case, supra. • The Employer contends that any conflict with the 1-year rule might be obviated by directing an election to be held after the certification year has expired . However, such a procedure is precluded by the policy announced by the Board in the Centr-O-Cast case, supra, that petitions will not be processed for any purpose during the certification year but will be dismissed. I In view of the fact. that the certification year has already elapsed and in view of the unusual circumstances present in this case , Member Rodgers would proceed to an election in this matter. Cessna Aircraft Company Wichita Division and International Brotherhood of Electrical Workers, Local 271, AFL-CIO, Peti- tioner. Case No. 17-RC-2002. January 27,1956 SUPPLEMENTAL DECISION AND CERTIFICATION OF RESULTS OF ELECTION On August 19, 1955, pursuant to the Board's Decision and Direction of Election,' a craft severance election by secret ballot was conducted under the direction and supervision of the Regional Director for the Seventeenth Region, among the employees in the voting group here- tofore found appropriate: Upon the conclusion of the balloting, a tally of ballots was furnished to the. parties in accordance with the Rules and Regulations of the Board. The tally showed that of ap- proximately 11 eligible voters, 5 votes were cast for the Petitioner, which was the Union seeking craft severance, 3 votes were cast for International Association of Machinists, District Lodge No. 70, AFL- CIO, herein called the Intervenor, and 3 votes were cast for neither organization. On August 22,1955, the Regional Director, acting under I Cessna Aircraft Company, Wioh4ta Division, 113 NLRB 450. 115 NLRB No. 44. 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Section 102.62 of the Board's Rules and Regulations, issued an order declaring the election to be a nullity. On September 14, 1955, the Regional Director conducted a second election. The tally of ballots for that election included two challenged ballots. As the challenged ballots were sufficient in number to affect the results of the second election, the Regional Director, pursuant to the Board's Rules and Regulations, conducted an investigation and on November 1, 1955, issued and served on the parties his report on challenged ballots. In his report, the Regional Director found that ordinarily he would have recommended that the challenge to one of the ballots (Ander- son's) be sustained, and the challenge to the other ballot (Farris') be overruled and that this ballot be opened and counted. However, rely- ing on the Board's supplemental decision in the Sutherland Paper Co. case,' the Regional Director concluded that he was in error in declaring the original election a nullity and in conducting the second election. He therefore recommended that the Board find that the Petitioner had failed to demonstrate its majority status and that the petition be dismissed. The Petitioner has excepted to the Regional Director's report. In its supplemental decision in the Sutherland case, the Board re- ferred to the procedure it established in the American Potash case 3 with respect to the conduct of craft severance elections, and declared : "This procedure, first adopted in American Potash, makes it clear that no runoff was intended in craft severance elections as craft severance was to become effective only if a majority of the employees voted for the union seeking severance." The conclusion and- recommendation contained in the Regional Director's report herein rests upon this declaration in the Sutherland case. In its exceptions, the Petitioner contends that the Regional Direc- tor's conclusion and recommendation is predicated upon a retroactive application of "new rules issued by the Board in Sutherland Paper Co." It is true that the Board issued the Sutherland supplemental decision after the Regional Director had conducted both the original and the second elections herein. However, as indicated by the above- quoted statement, the Board did not announce "new rules" in the Sutherland case. Rather it merely affirmed and explained procedure established by the American Potash decision, which preceded this case by many months. In these circumstances, therefore, we reject- the Petitioner's contention, and hereby adopt the Regional Director's conclusion that a second election was erroneously conducted in this proceeding. 2 Sutherland Paper Co., 114 NLRB 211. s American Pota8h & Chemical Corporation, 107 NLRB 1418, at 1426-1427. 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-PC-4312. 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- tionerfiled 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. i The AFL and CIO having merged , we are amending the identification of the affiliation of the Petitioner. 115 NLRB No. 41.