General Motors Corp.

878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accordingly, as the tally of ballots shows that neither the Petitioner nor the Intervenor, International Printing Pressmen and Assistants' Union of North America, AFL-CIO, Local No. 51, have received a majority of the valid ballots cast in the election, we shall certify the results of the election. [The Board certified that a majority of the valid ballots was not cast for Local No. 1, Amalgamated Lithographers of America, and that said Union is not the exclusive representative of all the litho- graphic production employees at the Employer's New York, New York, plant in the unit found to be appropriate.] question, left the Employer 's payroll and to the type of work and the amount of overtime being performed by Rascugha who, according to the Petitioner, holds the same type of job as was held by Jacobs. As it is undisputed that as of the eligibility period and on the date of the election both Shill and Jacobs were off the Employer's payroll , we find it unnecessary to resolve the dispute as to the exact date this occurred . Even assuming arguendo that Rascugha is performing the same type of work as was performed by Jacobs and has been receiving an unusual amount of overtime since Jacob 's layoff, we find that this circumstance , viewed in light of the entire record, does not warrant overturning the Regional Director's recommendation regarding the challenge to Jacob 's ballot. Accord- ingly, as we are persuaded that neither Jacobs nor Shill as of the eligibility period had a reasonable expectancy of reemployment in the immediate future, we agree with the Regional Director that they were ineligible to vote. The Barr Rubber Products Company, 118 NLRB 1428, 14:30, h oriis-TThermador Corporation, 118 NLRB 1341, 1343. General Motors Corporation, Cadillac Motor Car Division and Local No. 376, International Brotherhood of Teamsters , Chauf- feurs, Warehousemen and Helpers of America (Ind.), Peti- tioner. Case No. 7-RC-3992. April 24, 1959 DECISION AND CERTIFICATION OF REPRESENTATIVES After investigation of the Employer's timely objections to conduct affecting the results of the election herein, the Regional Director issued and duly served upon the parties his report on objections, in which he found that the objections did not raise substantial and ma- terial issues affecting the results of the election and recommended that they be overruled and the Petitioner be certified as the collective- bargaining representative of the employees in the unit described be- low. The Employer filed timely exceptions to the Regional Director's report. The Board' has considered the Employer's objections, the Regional Director's report, and the Employer's exception thereto, and hereby adopts the findings and recommendations of the Regional Director, and on the entire record in this case finds : 1. The Employer is engaged in commerce within the meaning of the Act. 'Pursuant to the piovisions 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 Fanning]. 123 NLRB No. 111. FISHER RADIO CORPORATION 879 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. In agreement with the stipulation of the parties, the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All new and used-car salesmen at the Employer's 6001 Cass Avenue, 3180 East Jefferson, and 15474 Gratiot Avenue, Detroit, Michigan, plants, excluding all office clerical employees, plant clerical em- ployees, the service and the parts department employees, guards, sales managers, assistant sales managers , sales promotion managers, fore- men, and other supervisors as defined in the Act. 5. The Employer's objections and exceptions do not raise material or substantial issues respecting the results of the election. We there- fore adopt the findings and recommendations of the Regional Di- rector? Accordingly as the tally of ballots shows that the Petitioner has received a majority of the valid votes cast in the election, we shall certify the Petitioner as the collective-bargaining representative of the employees in the appropriate unit. [The Board certified Local No. 376, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, (Ind.) as the designated and collective-bargaining representative of the employees in the agreed appropriate unit.] 2 We find no merit in the Employer's contention that the Petitioner 's statement to the employees that "there would be devastating consequences " in the event of the Petitioner's loss of the election , referred to reprisals that the Petitioner intended to take. As fully set forth in the Regional Director 's report, it is clear from the context that this remark had reference to what the Employer might do to those who had signed union cards in the event of the Petitioner's defeat. Fisher Radio Corporation , Petitioner and Fisher Employees Welfare Association and Local 431, International Union of Electrical, Radio & Machine Workers , AFL-CIO. Case No. 2-RM-890. April 04, 1959 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES Pursuant to a Decision and Direction of Election issued by the Board on October 31, 1958,1 an election by secret ballot was conducted on. November 20, 1958, under the direction and supervision of the 1 Unpublished. 123 NLRB No. 108.