Gatke Corp.

National Labor Relations Board - Board Decisions

Apr 7, 1943

48 N.L.R.B. 1002 (N.L.R.B. 1943)

In the Matter of GATKE CORPORATION and INTERNATIONAL UNION,
UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE
A. F. OF L.
Case No. R-3486.-Decided April 7,1943
SUPPLEMENTAL DECISION
AND
DIRECTION
On June 11, 1942, the National Labor Relations Board issued a
Supplemental Decision and Certification of Representatives in the
above-entitled proceeding, certifying the Union as exclusive bargain-
ing agent of the Company's employees.' Thereafter, upon charges
filed by the Union alleging that the Company had refused to bargain
collectively with it, hearings were held during the course of which
the status of six employees,2 whose ballots had been challenged at the,
election and the challenges sustained by the Board, was reexamined.
On April 7,1943, the Board issued its Decision and Order 3 finding that
Forest Deeter was not a supervisory employee, and therefore was en-
titled to vote in the election, and dismissing the charges against the
Company on the ground that the majority status of the Union at the
time of the election and the validity of the Board's certification was
questionable.
In view of the findings in the complaint proceeding, it becomes ap-
propriate for the Board at this time to reexamine the validity of its
certification. At the election held on March 19, 1943, 61 employees
voted for the Union, 53 employees voted against the Union, and 19,
ballots were challenged. Out of the 19 challenged ballots, the Board
overruled the challenges as to 7 employees,4 but certified the Union
without opening and counting these 7 ballots since 7 votes could not
have affected the outcome of the election. Since, however, we have
found that the challenge to Deeter's ballot should also have been
overruled, there are now 8 ballots which still remain unopened. Since
141 N. L. R. B. 915
2 Irl Brailler, Arthur Brailler, Forest Deeter, Carl Boggs, Earl West and Lloyd Whitesell.
3In the Matter of Gatke Corporation and International Union, United Automobile Work-
ers of America, affiliated with the A. F of L., Case No C-2372
* Lacy Carpenter, Wayne Zolman, Ted Blue, Fred Osbun, William Braddock, Roger Staf-
ford, and Elmer Quier.
48 N. L. R B , No. 119
1002
GATKE CORPORATION 1003
8 votes may affect the results of the election, we shall direct the Re-
gional Director to open and count the ballots of Lacy Carpenter,
Wayne Zolman, Ted Blue, Fred Osbun, William Braddock, Roger
Stafford, Elmer Quiet, and Forest Deeter in order to determine
,whether or not the Union was selected as the exclusive bargaining
representative of the Company's employees.
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor-Relations Act,
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Gatke Corpora-
tion, Warsaw, Indiana, the Regional Director for the Thirteenth
Region shall, pur,,aant to the Rules and Regulations of the Board-set
forth above, and subject to Article III, Section 10, of said Rules and
Regulations, within ten (10) days from the date of the Direction,
open and count the ballots of Lacy Carpenter, Wayne Zolman, Ted
Blue, Fred Osbun, William Braddock, Roger Stafford, Elmer Quier,
and Forest Deeter, and shall thereafter prepare and cause to be served
upon the parties in this case a Supplemental Election Report embody-
ing his findings therein and his recommendations as to the results of
the secret ballot.
MR. JOHN M. I-IousTON took no part in the consideration of the above
'Supplemental Decision and Direction.