Earl J. Scott Co.

National Labor Relations Board - Board Decisions

Mar 29, 1949

82 N.L.R.B. 458 (N.L.R.B. 1949)

In the Matter of EARL J. SCOTT COMPANY, EMPLOYER and, INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA, AFL, LOCAL No. 188, UNION
Case No. 35-RC-169.-Decided March 29, 1949
DECISION
AND
ORDER
Pursuant to a "Stipulation for Certification upon Consent Election,"
dated November 24, 1948, an election by secret ballot was conducted on
December 8, 1948, among the employees in the stipulated unit, in ac-
cordance with the Stipulation and the Rules and Regulations of the
Board. Upon the conclusion of the election, a Tally of Ballots was
furnished the parties.
The Tally shows that there were approximately 23 eligible voters,
and that 31 votes were cast. Of these 21 votes, 5 were for the Union,
15 were against the Union, and 11 were challenged. As the number of
challenged ballots was sufficient to affect the result of the election the
Regional Director, pursuant to Section 203.61 of the Board's Rules
and Regulations, conducted an investigation? Thereafter, on Feb-
ruary 28, 1949, he issued, and duly served upon the parties, a Report
on Challenged Ballots. In his Report, the Regional Director recom-
mended that the challenges to 9 ballots be sustained.
As no exceptions have been filed to this report by any of the parties
within the time provided therefor, we z shall adopt the findings and
recommendation of the Regional Director. As the Tally of Ballots
shows that with the exclusion of the nine challenged ballots no collec-
tive bargaining representative has been selected , we shall dismiss the
petition.
ORDER
IT Is HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
i On December 14, 1948, the Union filed timely Objections to the conduct of the election
in conformity with Section 203.61 of the Rules and Regulations of the Board. On
February 23, 1949, the Union withdrew its Objections.
2 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 -man panel consisting
of the undersigned Board Members [ Chairman Herzog and Members Houston and
Murdock].
82 N. L . R. B., No. 50.
458