European Parts Exchange, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD European Parts Exchange, Inc. and Amalgamated Clothing and Textile Workers Union, AFL- CIO, CLC, Petitioner. Case 5-RC-11769 September 28, 1982 DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN VAN DE WATER AND MEMBERS FANNING AND ZIMMERMAN Pursuant to authority granted it by the National Labor Relations Board under Section 3(b) of the National Labor Relations Act, as amended, a three- member panel has considered objections to an elec- tion held June 4, 1982,' and the Regional Direc- tor's report recommending disposition of same. The Board has reviewed the record in light of the ex- ceptions and brief, and hereby adopts the Regional Director's findings and recommendations. The Employer has excepted to the Regional Di- rector's recommendation that the Employer's ob- jections to the election be dismissed for lack of timely filed supporting evidence. We note that, re- gardless of the timeliness of the Employer's submis- sion of evidence to the Regional Director, the Em- ployer is obligated to supply the Board with specif- ic evidence, tantamount to an offer of proof, which, prima facie, would warrant setting aside the election before the Board will require the Regional I The election was conducted pursuant to a Stipulation for Certifica- tion Upon Clonsent I lccticin The tall) was 69 for. and 40 against. the Petitioner: there were 6 challenged ballots, ant insufficient number to affect the results. Director to pursue the investigation. The Howard Johnson Company, 242 NLRB 1284 (1979). See also Regency Electronics, Inc., 198 NLRB 627 (1972), and Bufkor-Pelzner Division, Inc., 169 NLRB 998 (1968). Here, the Employer's exceptions were in- sufficient to justify remanding the case, as, after ex- amining the supporting evidence submitted by the Employer, the Employer still has failed to offer proof which, prima facie, would warrant setting aside the election. See Aurora Steel Products, 240 NLRB 46 (1979), and Sambo's North Division Store No. 144, 223 NLRB 565 (1976). CERTIFICATION OF REPRESENTATIVE It is hereby certified that a majority of the valid ballots have been cast for Amalgamated Clothing and Textile Workers Union, AFL-CIO, CLC, and that, pursuant to Section 9(a) of the National Labor Relations Act, as amended, the said labor organiza- tion is the exclusive representative of all the em- ployees in the unit found appropriate herein for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other con- ditions of employment. All production and maintenance employees employed by the Employer at its Fredericks- burg, Virginia location, including parts depart- ment employees, but excluding all other em- ployees, office clerical employees, guards and supervisors as defined in the Act. 224