Dunn Motor Co.

National Labor Relations Board - Board Decisions

Aug 27, 1952

100 N.L.R.B. 822 (N.L.R.B. 1952)

822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
If a majority of the employees in groups 1, 2, 3, or 4 vote for the
labor organization seeking to represent that group separately, they
will be taken to have indicated their desire to constitute a separate
appropriate unit, and the Regional Director conducting the election
herein is instructed to issue a certification of representatives to such
labor organization or organizations for such unit or units, which the
Board under such circumstances finds to be appropriate for purposes
of collective bargaining. In the event a majority in any of the voting
groups 1 to 4 vote for International Union of Automobile, Aircraft &
Agricultural Implement Workers of America, CIO, they will be taken
to have indicated their desire to be represented by such union, and
if a majority in group 5 likewise vote for such union, the Regional
Director is instructed to issue a certification of representatives to
International Union of Automobile, Aircraft & Agricultural Imple-
ment Workers of America, CIO, for a plant-wide production and
maintenance unit, including therein the employees in any one or more
of groups 1 to 4 in which a majority have voted for such union, which
unit the Board, under such circumstances, finds to be appropriate for
purposes of collective bargaining.
[Text of Direction of Elections omitted from publication in this
volume.]
Order
IT Is HEREBY ORDERED that the petition in Case No. 8-RC-1599 be,
and it hereby is, dismissed.
MEMBER PETERSON took no part in the consideration of the above
Decision, Direction of Elections, and Order.
WILLIAM J. DUNN, D/B/A DUNN MOTOR COMPANY and LODGE 1317,
INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER.
Case No. 15-RC-687. August 27,1952
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Election,' issued on May 22,
1952, in the above-entitled proceeding, an election by secret ballot was
conducted on June 10, 1952, under the direction and supervision of the
Regional Director for the Fifteenth Region, among employees in the
unit found appropriate in such Decision and Direction of Election.
At the conclusion of the election, the parties were furnished a tally
1 Not reported in the printed volumes of the Board's Decisions.
100 NLRB No. 112.
DUNN MOTOR COMPANY 823
of ballots which shows that of approximately 10 eligible voters, 10
valid ballots were cast, of which 8 were cast for and 2 against the
Petitioner.
The Employer filed objections to conduct affecting the election,
which objections,2 having been forwarded to the Regional Director by
depositing the same in the United States mail at Lake Charles, Louisi-
ana, on June 16, 1952, were received by the Regional Director at his
office in New Orleans, on June 18,1952. A copy of such objections was
served upon the Petitioner herein in a similar manner , such copy being
received by Petitioner on June 17, 1952.
Thereupon on June 26,1952, the Regional Director issued and served
upon the parties his report on objections . The Regional Director
found that as the election herein was conducted in accordance with
Section 102.61 of the Board's Rules and Regulations, Series 6, as
amended,3 and the tally of ballots served on the Employer on June 10,
1952, the Employer's objections received at the Regional office on June
18, 1952, were not therefore timely filed. Accordingly he recom-
mended that the objections be overruled and the Petitioner certified.
The Employer filed timely exceptions to the report on objections.
The Employer contends that the actual date of filing of the objec-
tions should be the date on which they were deposited in the mail,
which was June 16, 1952, and that any other construction of the rule
would make compliance therewith unreasonable and burdensome.
If so construed, the objections would have been filed within the 5-day
period provided therefore by Section 102.61. However, when we
adopted Section 102.83 of the Board's Rules and Regulations (which
clearly provides that in order to be timely filed objections miust be
received 4 by the Regional Director at his office within the specified 5-
day period),5 the Board gave consideration to all problems incident
thereto. We believe that the rule is salutary and not unreasonable in
its requirements, and that it is essential to certainty in procedural
matters that parties be held to strict compliance therewith .6
As the last day of the 5-day period provided by Section 102.61 for
filing objections to the election was June 17, 1952, we must find that
the Employer's objections received and filed at the Regional Director's
a The Employer alleged that the Petitioner improperly threatened employees with the
loss of their jobs if "no union" was voted, and that such conduct prevented the employees
from exercising a free choice in the election.
° Effective June 3, 1952
' Section 102 83 reads in applicable part "When the act or any of these rules requires
the filing of a motion, brief , exception , or other paper in any proceeding , such document
must be received by the Board or the officer or agent designated to receive such matter
before the close of business of the last day of the time limit, if any, for such filing or
extension of time that may have been granted " This provision was incorporated in the
Rules and Regulations , Series 6, on March 1, 1951. [ Emphasis supplied.]
c Cf. Western Wear of California, Inc., 87 NLRB 1363
° See N. L. R. B. v. Conlon Brothers Manufacturing Company , 187 F . 2d 329 ( C. A. 7)
enforcing 88 NLRB 107 ; Beacon Manufacturing Company, 94 NLRB 881.
824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office on June 18, 1952, were not timely filed. Accordingly, we 7 shall
dismiss the Employer's objections and his exceptions. As the Peti-
tioner has secured a majority of the votes cast, we shall certify it as
the bargaining representative of the employees in the appropriate unit.
Certification of Representatives
It is hereby certified that Lodge 1317, International Association of
Machinists, AFL, has been designated and selected by a majority of
the employees in the unit found appropriate in the Decision and Direc-
tion of Election herein, as their representative for the purposes of
collective bargaining and that, pursuant to Section 9 (a) of the Act,
as amended, the said organization is the exclusive representative of
all the employees in such unit for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and other
conditions of employment.
7 Pursuant to the provisions of Section 8 (b) of the Act, the Board has delegated its
powers in connection with this case to a three-member panel [ Chairman Herzog and
Members Murdock and Peterson].
WIEDEMANN MACHINE COMPANY , PETITIONER and LOCAL 123, INTER-
NATIONAL UNION OF ELECTRICAL , RADIO AND MACHINE WORKERS,
CIO and MACHINE TOOL AND DIE LOCAL 155, UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA (UE).t Case No. 4-RM-
112. August 07, 1952
Decision and Direction of Election
Upon a petition duly filed, a hearing was held before Harold X.
Summers, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.2
Pusuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three -member panel [Members Houston, Murdock, and
Styles].
' The Unions are herein respectively called the IUE and the UE.
2 The hearing officer's rejection of the several offers of proof made at the hearing by
the UE is affirmed for the reasons stated, infra. We also affirm the hearing officer's ruling,
contrary to the UE's contention, that the IUE was not required to make a showing of
interest in order to participate in this proceeding . Labor organizations named in em-
ployer petitions need not make a showing of interest to be entitled to participate In pro-
ceedings instituted by the filing of such petitions . P. R. Mallory cG Co., Inc., 89 NLRB 962.
100 NLRB No. 128.