Daystrom Inc.

National Labor Relations Board - Board Decisions

Dec 31, 1952

101 N.L.R.B. 1784 (N.L.R.B. 1952)

1784 DECISIONS OF NATIONAL LABOR RRLATIO'NS BOARD
DAYSTROM INSTRUMENT DIVISION , DAYSTROM INCORPORATED and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL, WORKERS, AFL,
PETITIONER . Case No. 4-RC-1600 . December 31, 1952
Supplemental Decision and Certification of Results of Election
Pursuant to a Decision and Direction of Election,' issued on Octo,-
ber, 7, 1952, in the above proceeding, an election;by secret ballot was
conducted on October 31, 1952, under the direction and supervision
of the Regional Director for the Fourth Region. At the conclusion
of the election, the parties were furnished with a tally of ballots
which shows that, of approximately 443 eligible voters, 438 cast
ballots, of which 145 were cast for the Petitioner, 61 were cast for
International Union of Electrical, Radio and Machine Workers, CIO1
Intervenor herein, 227 were cast against the participating labor or-
ganizations , and 5 were challenged.
On November 5, 1952, the Intervenor filed timely objections to the
conduct affecting the results of the election. The 5-day period for
filing objections ended at the close of business November 7, 1952.
However, the Intervenor failed to serve copies of the objections upon
the Employer and the Petitioner until November 12, 1952.
On November 20, 1952, the Regional Director issued and duly
served upon the parties his report and recommendations on objections
in which he recommended that the Board dismiss the objections on the
ground that, although the objections were timely filed on the Red
gional Director, the service on the other parties did not meet the
requirements of the Board's Rules and Regulations, Section 102.61,2
Accordingly, the Regional Director made no report on the merits of
the objections. The Intervenor filed timely exceptions to this report
in which it urges, in substance, that (1) the time that elapsed between
the filing of the objections and the service of the objections upon the
other parties is shorter than the time lapse in Owens-Illinois Glass
Company, 100 NLRB 1024,3 (2) there is no showing that the par-
ties were prejudiced, (3) there is no substantial postponement of col-
lective bargaining because no union has won, (4) insistence on literal
1 Daystrom Instrument Division, Daystrom Incorporated , 4-RC-1600, October 7, 1952,
not reported in printed volumes of Board decisions.
z In pertinept part,, this Rule provides : ". . . Within 5 days after the tally of ballots
has been furnished , any party may file with the regional director four copies of objections
to the conduct of the ekeeti - n or conduct affecting the results of the election , which shaft
contain a short statement of reasons therefor. Such filing must be timely whether or not
the challenged ballots are sufficient in number to affect the results of the election. Copies
of such objections shall immediately he served upon each of the other parties by the party
filing them , and proof of service shall be made."
a The Regional Director relied upon this case in his disposition of the objections herein
filed.
101 NLRB No. 234.
DAYSTROM INSTRUMENT DIVISION 1785
adherence to technical requirements violates the Board's view of the
nonadversary character of representation proceedings, and (5) the
language of this rule does not imply that failure to effect simultaneous
service upon other parties will result in dismissal of objections.
Upon the entire record in this case, the Board 4 finds no merit in the
Intervenor's exceptions to the Regional Director's report and recom-
mendations on objections. The Board has held that, as used in Sec-
tion 102.61 of the Rules, "the word `immediately' clearly refers to the
time when the objections are actually filed with the Regional Director
and not to the time permitted under the Rules for the filing of objec-
tions." 5 Therefore, the service of objections oil the parties on No-
vember 12, 7 days after such objections were filed with the Regional
Director, is not timely service within the meaning of the Rules. As
timely service is the fundamental and controlling consideration, we
find it unnecessary to consider the other contentions of the Intervenor.
Accordingly, we hereby adopt the Regional Director's recommenda-
tions and dismiss the Intervenor's objections to the election e
As neither of the unions received a majority of the valid ballots
cast, we shall certify the results of the election.
Certification of Results of Election
IT IS HEREBY CERTIFIED that a majority of the valid ballots has
not been cast for International Brotherhood of Electrical Workers,
AFL, nor for International Union of Electrical, Radio and Machine
Workers, CIO, and that neither of said Unions is the exclusive repre-
sentative of the employees at the operations of Daystrom Instrument
Division, Daystrom Incorporated, Archbald, Pennsylvania, in the
unit heretofore found by the Board to be appropriate, within the
meaning of Section 9 (a) of the National Labor Relations Act.
° Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three -member panel [ Members Houston, Styles,
and Peterson].
° Owens-Ilhnotis G lass Company, supra.
° As the Regional Director ' s report and the exceptions filed thereto, in our opinion,
adequately present the issues and the position of the parties , we hereby deny the Inter-
venor's request for oral argument.
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