Gemco Automotive Center #507

950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Global Automotive Enterprises d/b/a Gemco Auto- motive Center # 507 and Automotive Teamsters & Chauffeurs, Local 165, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner. Case 20-RC-10503 August 17, 1972 DECISION AND CERTIFICATION OF REPRESENTATIVE BY MEMBERS FANNING, KENNEDY, AND PENELLO Pursuant to a Stipulation for Certification Upon Consent Election executed by the parties on Febru- ary 15, 1972, an election by secret ballot was conducted in this proceeding on March 7 under the direction and supervision of the Regional Director for Region 20. At the conclusion of the election, the parties were furnished a tally of ballots in accordance with National Labor Relations Board Rules and Regulations. The tally showed that of approximately two eligible voters, both cast ballots; one was for the Petitioner and one was void. Thereafter, the Employ- er and the Petitioner filed timely objections. Pursuant to the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director conducted an investigation of the objections and, on May 2, 1972, issued and served upon the parties his Report on Objections, in which he recommended that Employer's Objection 2 and the Petitioner's objections be overruled and that the petition be dismissed without prejudice. Thereafter, the Petitioner filed exceptions to the Regional Director's report and a supporting brief. 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 proceeding, 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 Petitioner is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concern- ing representation of 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 all In the absence of exceptions , we adopt the Regional Director's report overruling Employer's Objection 2 and Petitioner's Objection 3 pro forma automotive service center employees employed at Gemco Automotive Center #507, 2505 Riverside Boulevard, Sacramento, California, performing brake, front end, muffler, and automotive parts installation work, excluding the service center man- ager, office clericals, guards, watchman, and supervi- sors within the meaning of the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. 5. The Board has considered the entire record in this proceeding, including the Regional Director's Report and the exceptions and brief, and, contrary to the Regional Director, overrules Employer's Objec- tion 1.1 As noted above, two voters were eligible to participate in the election. Both cast ballots; howev- er, one of the ballots was unmarked and was ruled void. The tally of ballots indicated that a majority of valid votes plus challenged ballots had been cast for the Petitioner. The Employer objected that the Petitioner could not be certified since only one vote was cast for it. The Regional Director agreed, finding that the election was not representative, in reliance on Firestone Tire & Rubber Co., 57 NLRB 868. In Firestone only one of approximately four eligible voters cast a ballot and the Board concluded that the election was not representative. We view this proceeding as being the polar extreme from that case. Here all the eligible voters participated in the election.2 That one of them chose not to express an opinion does not alter the fact of his participation. A second election might yield a different result, but it could not be more representative. As the tally of ballots shows that the Petitioner has received a majority of the valid ballots cast, we shall certify it as the collective-bargaining representative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVE IT IS HEREBY CERTIFIED that a majority of the valid ballots has been cast for Automotive Teamsters & Chauffeurs, Local 165, International Brotherhood of Teamster, Chauffeurs, Warehousemen and Helpers of America and that, pursuant to Section 9(a) of the National Labor Relations Act, as amended, the said labor organization is the exclusive representative of all the employees in the unit found appropriate herein for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, or other conditions of employment. 2 As distinguished from the situation in Kit Manufacturing Company, 198 NLRB No 131, where only one of the two eligible voters cast a ballot 198 NLRB No. 128