Warner Electric Brake and Clutch

PSI DIVISION OF WARNER ELECTRIC BRAKE AND CLUTCH 499 PSI Division of Warner Electric Brake and Clutch and International Union of Electrical , Radio and Ma- chine Workers, AFL-CIO, Petitioner. Case 4-RC-9286 December 10, 1971 DECISION AND CERTIFICATION OF RESULTS OF ELECTION BY CHAIRMAN MILLER AND MEMBERS FANNING AND KENNEDY Pursuant to a Stipulation for Certification Upon Consent Election, an election by secret ballot was conducted on September 9, 1971, under the direction and supervision of the Regional Director for Region 4 among the employees in the appropriate unit. At the conclusion of the election, the parties were furnished with a tally of ballots which showed that of approxi- mately 58 eligible voters, 57 ballots were cast, of which 26 were for and 29 were against the Union, and 2 were challenged. The challenged ballots are not sufficient to affect the results of the election. Thereaft- er, the Union filed timely objections to conduct affecting the results of the election. In accordance with the National Labor Relations Board Rules and Regulations, the Regional Director, on, September 30, 1971, issued and served upon the parties his Report on Objections in which he recom- mended that the objections be overruled in their entirety because the Petitioner had failed to submit any evidence in support thereof, and that the Board issue a certification of results. The Union filed a "Request for Review" of the Regional Director's report, alleging that it had been unable to comply with his request for supporting evidence by the date fixed by the Regional Director, due to the illness of its representative. It urged that the case be remanded to the Regional Director for consideration of the merits of the objections alleging that it had furnished the supporting evidence, though after issuance of the Regional Director's report. Thereafter, the Employer filed a brief in opposition to these exceptions. 'Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Upon the entire record in this case, the Board finds: 1. 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 labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concern- ing the representation of the employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The parties stipulated, and we find, that 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 production and maintenance employees, excluding all other employees, office cleri- cals, technical employees, guards and super- visors as defined in the Act. 5. The Board has considered the Regional Direc- tor's report and the Union's exceptions thereto, and hereby adopts the Regional Director's findings and recommendations. The Union's exceptions allege no meritorious grounds which, in our opinion, warrant reversal of the Regional Director's action herein. Our rules require that a party filing objections must do so within 5 days of an election and must submit supporting evidence either at that time or forthwith. It is clear that in the event such evidence is not submitted with the objections, the Regional Director has discretion in setting the deadline for its submis- sion. Mohawk Bedding Corp., 178 NLRB 432. We cannot say, in this case, that the Regional Director abused that discretion by selecting September 24, 1971, some 15 days after the election, as the last date for filing the supporting evidence. Furthermore, although the Union stated on October 4, 1971, that it did not submit the evidence in a timely fashion because, it alleged, its business agent was ill, we have before us no verification of that allegation. However, even if such evidence had been submitted, we believe the Union had ample time to contact the Regional Office before September 24 to apprise it of the situation and request an extension, and we find it significant that no such action was taken. Under these circumstances, we find no basis for remanding this case to the Regional Director for further considera- tion. CERTIFICATION OF RESULTS OF ELECTION It is hereby certified that a majority of valid votes has not been cast for International Union of Electri- cal, Radio and Machine Workers, AFL-CIO, and that said labor organization is not the exclusive representative of the employees in the unit found appropriate within the meaning of Section 9(a) of the National Labor Relations Act, as amended. 194 NLRB No. 59