Ed Chandler Ford

National Labor Relations Board - Board Decisions

Apr 27, 1979

241 N.L.R.B. 1201 (N.L.R.B. 1979)

ED CHANDLER FORD
Ed Chandler Ford, Inc. and Automobile Salesmen's
Union, Local 1095, Retail Clerk's International
Union, AFL-CIO, Petitioner. Case 32-RC-446
April 27, 1979
DECISION AND ORDER
BY MEMBERS JENKINS, MURPHY, AND TRUESDALE
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the Na-
tional Labor Relations Act, as amended, a three-
member panel has considered objections to an elec-
tion' held on September 26, 1978, and the Acting Re-
gional Director's report recommending disposition of
same. The Board has reviewed the record in light of
I The election was conducted pursuant to a Stipulation for Certification
Upon Consent Election. The original tally was: 9 for, and 18 against, the
Petitioner; there were 10 challenged ballots. However, the parties subse-
quently stipulated that the challenges to three of the ballots should be sus-
tained, thereby leaving seven challenged ballots, an insufficient number to
affect the results.
the exceptions and brief, and hereby adopts the Act-
ing Regional Director's findings and recommenda-
tions.2
ORDER
It is hereby ordered that this case be remanded to
the Regional Director for Region 32 for further pro-
cessing pursuant to his recommendations set forth in
his Report and Recommendations on Objections and
Revised Tally of Ballots issued in this proceeding on
November 20, 1978.
2 In the absence of exceptions, we adopt pro forma the Acting Regional
Director's recommendations that Objections 12 and 13 be overruled.
The Employer's contention that the Union, by filing a request to proceed,
waived its right to file objections to the election based on the same conduct
as was alleged to violate Sec. 8(aXI) and (3) in the unfair labor practice
charge, is clearly without merit. It is well settled that a petitioner's knowl-
edge prior to the election of an employer's improper preelection conduct
does not preclude the petitioner from asserting such conduct as grounds for
objecting to the conduct of the election, and a request to proceed does not
constitute a waiver of that right. Great Atrlanic & Pacific Tea Company, 101
NLRB 1118 (1952); Louis Aiello, et at, d/b/a Aiello Dairy Farms, 110 NLRB
1365., 1370 (1954), discussion of concurrent unfair labor practice cases other
than those involving 8(aXS) allegations; and Bernet Foam Products Co., Inc.,
146 NLRB 1277 (1964), especially at 1279 and cases cited in fn. 3 thereof.
241 NLRB No. 196
1201