John I. Paulding, Inc.

768 DECISIONS OF- NATIONAL LABOR RELATIONS BOARD John I. Paulding, Inc. and International Union, United Automo- bile Aircraft & Agricultural Implement Workers of America (UAW), AFL-CIO, Petitioner. Case No. 1-RC-5076. May 5,1958 SUPPLEMENTAL DECISION AND DIRECTION Pursuant to a Decision and Direction of Election issued by the Board herein on January 14, 1958,' an election by secret ballot was conducted on February 5, 1958, under the direction and supervision of the Regional Director for the First Region. At the conclusion of the election, the parties were furnished with a tally of ballots which shows that, of approximately 531 eligible voters, 512 cast ballots. Of these, 256 were for the Petitioner, 247 were against the Petitioner, 1 ballot was void, and 9 ballots were challenged. As the challenged ballots were sufficient in number to affect the results of the election, the Regional Director, pursuant to the Board's Rules and Regulations, investigated them, and on March 7, 1958, issued and served upon the parties his report on challenged ballots. On March 14, 1958, the Employer filed exceptions to the Regional Direc- tor's report. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three- member panel [Members Rodgers, Bean, and Jenkins]. In his report, the Regional Director recommended that the challenges to the ballots of Dorothy Gallant and Mary Brites be sustained; and that the challenges to the ballots of Manuel Rezendes, Lorraine Roy, David Grew, Jacob Gajewski, George Anness, Armand Zussy, and Romeo Le Page be overruled. The Employer excepts to the Regional Director's recommendation that the challenges to the ballots of Gallant and Brites be sustained. However, no exceptions have been filed to the recommendation with respect to the remaining seven challenged ballots, and we hereby adopt, that recommendation. Inasmuch as the counting of the seven ballots, the challenges to which are herein overruled, may determine the results of the election,, we shall direct that they be opened and counted. If, upon the opening and counting of these ballots, it appears that the Petitioner has won the election, notwithstanding the ballots of Gallant and Brites, we shall direct that it be certified as the collective-bargaining representa- tive of the employees in the unit heretofore found appropriate. In the event that the results of the election are still inconclusive upon the opening and counting of the seven ballots, we shall, upon being 3 John I. Paulding, Inc., Case No. 1-RC-5076 Not published. 120 NLRB No. 109. LOUISVILLE CAP COMPANY 769 so advised by the Regional Director, proceed to dispose of the challenged ballots of Gallant and Brites. [The Board directed that the Regional Director for the First Region shall, pursuant to National Labor Relations Board Rules and Regu- lations, within ten (10) days from the date of this Direction, open and count the ballots of Manuel Rezendes, Lorraine Roy, David Grew, Jacob Gajewski, George Anness, Armand Zussy, and Romeo Le Page and serve upon the parties a revised tally of ballots and issue certification.] E. J. Lipschutz, Sam Rosenberg, Nathan Lipschutz, Sidney Lip- schutz, and Frank Lipschutz, d/b/a Louisville Cap Company, Petitioner-and United Hatters, Cap & Millinery Workers Inter- national Union, AFL-CIO. Case No. 9-RM-159. May 5,1958 SUPPLEMENTAL DECISION AND CERTIFICATION OF RESULTS OF ELECTION Pursuant to a Decision and Direction of Election 1 of the Board, dated December 9, 1957, an election by secret ballot was conducted on December 20,1957, under the direction and supervision of the Regional Director for the Ninth Region among the employees in the appro- priate unit. Following the election the Regional Director furnished the parties a tally of ballots which showed that of approximately 190 eligible voters, 4 cast valid ballots for the Union, 150 cast ballots against any labor organization, and 4 cast void ballots. On December 30, 1957, the Union filed timely objections to conduct affecting the results of the election. In accordance with the Rules and Regulations of the Board the Regional Director conducted an investigation of the objections and on February 19, 1958, issued and served on the parties his report on election, objections to election and recommendations to the Board in which he found that the Union's objections raised no substantial or material issues with respect to the election and recommended that the objections be overruled. On March 5, 1958, the Union filed timely exceptions to the Regional Director's report. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-mem- ber panel [Chairman Leedom and Members Rodgers and Jenkins]. Upon the entire record in this case, the Board finds : 1. In its first two objections, the Union alleged that unfair labor practices filed by it against the Employer were pending on appeal to i Not published. 120 NLRB No. 103. 483142-59-vol. 120-50