Adams & Sons Grocery Co.

National Labor Relations Board - Board Decisions

Jun 6, 1949

83 N.L.R.B. 1118 (N.L.R.B. 1949)

In the Matter of ADAMS & SONS GROCERY COMPANY, EMPLOYER and
GENERAL DRIVERS , WAREHOUSEMEN AND HELPERS , LOCAL UNION No.
534 OF SEDALIA, MISSOURI, AFFILIATED WITH INTERNATIONAL BROTH-
ERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS
OF AMERICA, AFL, PETITIONER
Case No. 17-RC-374.-Decided June 6, 1949
DECISION
AND
ORDER
On April 25, 1949, pursuant to a "Stipulation for Certification upon
Consent Election," between the Employer and the Petitioner, an elec-
tion by secret ballot was conducted under the direction and supervision
of the Regional Director for the Seventeenth Region. Upon the con-
clusion of the election, a Tally of Ballots was furnished the parties in
accordance with the Rules and Regulations of the Board. The tally
shows that there were approximately 10 eligible voters, and that 10
votes were cast, of which 5 were for and 5 against the Petitioner.
On April 29, 1949, the Petitioner filed Objections to the Conduct of
the Election or Conduct Affecting the Results of the Election, alleging
that the Employer, by threat of reprisal or force, or promise of benefits
had induced employees to appear and vote in the election. On May
10, 1949,' following an investigation, the Regional Director issued and
duly served upon the parties, his Report on Objections, wherein he
found that, as no evidence had been disclosed which would substan-
tiate the Petitioner's allegations, the objections did not raise substantial
or material issues with respect to the election. He recommended that
the Objections be overruled and the petition dismissed.
No exceptions to the Regional Director's report having been filed
within the time provided therefor by the Board's Rules and Regula-
tions , we 1 hereby adopt the findings and recommendations of the
Regional Director, and overrule the objections. As it appears from
'Pursuant 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
[Chairman Herzog and Members Houston and Murdock].
83 N. L. R. B., No. 154.
1118
ADAMS & SONS GROCERY COMPANY 1119
the tally that the Petitioner has not obtained a majority of the valid
votes cast, we shall dismiss the petition.
ORDER
IT is HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives filed by the Petitioner herein be, and it hereby
is, dismissed.