Kit Manufacturing Co.

KIT MANUFACTURING COMPANY 1 Kit Manufacturing Company and International Mold- ers and Allied Workers Union, AFL-CIO-CLC, Petitioner. Case 8-RC-8182 November 30, 1971 DECISION, ORDER, AND DIRECTION OF SECOND ELECTION BY CHAIRMAN MILLER AND MEMBERS FANNING AND KENNEDY Pursuant to a Stipulation for Certification Upon Consent Election approved on April 27, 1971, an election by secret ballot was conducted on May 14, 1971, under the direction and supervision of the Regional Director for Region 8, among the employ- ees in the stipulated unit described below. At the conclusion of the election , the Regional Director served upon the parties a tally of ballots, which showed that of two eligible voters, one valid ballot was cast, in favor of the Petitioner. There were no challenged ballots . Thereafter, the Employer filed timely objections to conduct affecting the results of the election. In accordance with the National Labor Relations Board Rules and Regulations and Statements of Procedure, Series 8, as amended, the Regional Director conducted an investigation , and, on June 8, 1971, issued and duly served upon the parties his report on objections, in which he recommended that the Employer's objections be overruled in_ their entirety, and that the Petitioner be certified as the collective-bargaining representative of the employees in the stipulated unit . 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 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 Petitioner is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concern- ing the representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. In accordance with the stipulation of the parties, 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 over-the-road truckdrivers, excluding all production and maintenance employees, office clerical employees, professional employees, guards and supervisors as defined in the Act. 5. The Board has considered the Employer's objections, the Regional Director's report on objec- tions, the Employer's exceptions, and the entire record in this case, and makes the following finding: The Board conducted an election herein on May 14, 1971, and the tally of ballots showed that only one of two eligible voters cast a ballot and it was in favor of the Union. Thereafter, the Employer filed a number of timely objections to conduct affecting the results of the election, all of which pertained, or had reference, to the failure of one of the two eligible voters to arrive at the polls in time to vote. Following an investigation, the Regional Director found no reason to invalidate the election, and recommended that the Employer's objections be overruled, and that a certification of representative be issued in favor of the Union. We disagree. Under >ibe rcumstances of this case, which reflect that of two eligible employees only one employee voted in the election , existing Board precedent requires that a rerun election be conducted.' We shall, therefore, set the election aside and direct that a second election be conducted. ORDER It is hereby ordered that the election of May 14, 1971, among the unit of employees hereinbefore described, be, and it hereby is, set aside. [Direction of Second Election and Excelsior footnote omitted from publication.] 1 See Bernard Gold and Jack Wasserman, Co-partners d/b/a Gold & Baker, 55 NLRB 591, 54 NLRB 869. Cf. Yerges Van Liners, Inc, 162 NLRB 1259, 1261 (fn. 3) 198 NLRB No. 131