Intercontinental Manufacturing Co., Inc.

590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Interconthiental'Manufacturing Company, Incorporat- ' ed mid -International Association of Machinists and Aerospace °Workers, AFL=CIO, Petitioner. Case 16-RC-5565 August ` l 1, 1971 , DECISION, AND DIRECTION BY MEMBERS FANNING, BROWN,, AND XENNEDY Pursuant to a Stipulation for Certificatioit Upon Consent Election, approved on October 20, 1970, an election by,,secret ballot was conducted on October 30, 1970, under 'the direction and supervision of the Regional Director, for-Region 16, among the employ- ees in the,, stipulated unit. At the conclusion of the election, the parties were furnished with a tally of ballots -which 'showed , that of -approximately 559 eligible voters, 533 cast ballots, of which 258 were for, and 262 against, the Petitioner, and 13 were chal- lenged. The challenged ballots are sufficient in number to affect the results of the election. -Ten ballots _,.were challenged by the Board agent because ` the, names of employees who -cast them did' not appear on the list of eligible voters. With'respect to the three remaining ballots, the Employer chal- lenged the rulings of the Board agent that one was valid, but that two were void because of the manner in which they were marked. In accordance with the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director conducted an investigation and, on April 6,1971, issued and duly served upon the parties his report on challenges, in which he recom- mended that the challenge to eight of the ballots of employees whose names did not appear on the eligibility list be overruled;1 that the challenge to one such ballot be sustained; 2 and that a ruling on the challenge to another be reserved.3 The Regional Director also adopted the rulings of the Board agent as to the validity of the three ballots here questioned, recommending that one be held valid and the two remaining be deemed void. Thereafter, the Employer filed timely exceptions to the Regional Director's report. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its i That is, the ballots of Horace B. Boyd, James E. Fisher, John D. Gaddis, E. Clyde Henry, Richard Jones, Edward S. McGehee, Harlin Mounger, and Travis J. Wyatt. 2 That is, Billy J. Lawrence. 3 That is, Joe Turney. 4 The exceptions of the Employer, in our opinion, raise no material or substantial issues of fact or law which would require the holding of a hearing. The Employer asserts that seven of the named employees were powers in connection with this case to a. three-member panel. Upon the entire record in this case,'the Board finds: I., The Employer is engaged in commerce within the meaning of the Act and it will, effectuate, the purposes of the Act to assert jurisdiction herein, 2. The Petitioner is a labor organization claimina, to represent certain employees of the Employer _ r 3._ A question affecting- commerce existsTconcem ing the representation- 'of, the- employees- , of the Employer within the meaning of Sections 9(c)(1) ,and 2(6) and (7) of the Act. 4. The ,parties stipulated, and We find, that the following employees constitute a unitappropriate for the purposes of collective bargaining within the meaning of Section 9(b),of the Act:. All production, and maintenance.,employees,itl, the :Intercontinental. Manufacturing Division, Drewes Division and Forge Division =employed in the Employer's plant "located at, 1200 North Glenbrook, Garland; i Texas, but excluding' all' office clerical, professional and technical'`employ- ees, guards, watchmen and supervisors as defined in the Act. 5., The Board has considered the Regional UDirec- tor's report, the Employer's exceptions thereto, and the entire record in this case, and hereby adopts the Regional Director's findings and recommendations .4 Accordingly, as we have overruled the challenges to eight ballots, as identified herein, we shall direct that these ballots be opened and counted. We shall further direct that a ruling be reserved as to the challenge to the ballot of Joe Turney, and that the ballot appearing as Exhibit 1 of the Regional Director's report be counted as a valid ballot. DIRECTION It is hereby directed that the Regional Director for Region 16 shall, within 10 days from the date of this Decision, open and count the ballots of Horace B. Boyd, James E. Fisher, John D. Gaddis, E. Clyde Henry, Richard Jones, Edward S. McGehee, Harlin Mounger, and Travis J. Wyatt; and further, count the ballot appearing as Exhibit 1 in his report as a valid ballot. IT IS FURTHER DIRECTED that the Regional Director thereafter prepare and cause to be served on the parties a revised tally of ballots, including therein the ineligible to vote in the election because they were premanently laid off prior to the eligibility date herein and merely rehired as new employees after that date but prior to the election. This assertion, in the absence of any supporting evidence or a specific offer of proof, is insufficient to rebut the presumption that the layoffs in question were temporary. Cf. Gerber Plastic Company, 110 NLRB 269. In the absence of exceptions, we adopt, pro forma, the Regional Director's action in sustaining the challenge to the ballot of Billy J. Lawrence. 192 NLRB No. 96 INTERCONTINENTAL MFG. CO. 591 count of said ballots, and take such further action as may be necessary in accordance with this Decision.