Great Lakes Motor Express

National Labor Relations Board - Board Decisions

Sep 23, 1948

79 N.L.R.B. 961 (N.L.R.B. 1948)

-In the Matter of GREAT LAKES MOTOR ExPREss , TRIICK DEPARTMENT,
EMPLOYER and LODGE 1053, INTERNATIONAL ASSOCIATION OF MACHIN-
ISTS, PETITIONER
Case No. 3-RC-93.-Decided September 03,1948
DECISION
AND
ORDER
Pursuant to a Stipulation for Certification Upon Consent Election
entered into between the Employer and the Petitioner, an election by
secret ballot was conducted on June 8, 1948, under the direction and
supervision of the Regional Director for the Third Region.
At the close of the election the parties were furnished a Tally of
Ballots. The Tally of Ballots shows that there were approximately
three eligible voters, and that three cast votes, of which one was for the
Petitioner, one was against the Petitioner, and one ballot was chal-
lenged.
The Employer challenged the ballot of one Jack Smith on the ground
that he was permanently discharged by the Employer on May 28, 1948,
,and in accordance with the Stipulation was not eligible to vote in the
election. On August 3, 1948, following an investigation, the Regional
Director issued a Report on Challenged Ballot, copies of which were
served upon the parties, finding that Jack Smith was discharged by the
employer on May 28, 1948, and in accordance with the Stipulation,
was not eligible to vote in the election and recommending that the
challenge to his ballot be sustained.
No exceptions to the Regional Director's Report having been filed
within the time provided therefor, we hereby adopt the findings and
recommendation of the Regional Director.' As the Tally of Ballots
shows that no collective 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.
'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 consistlas
of the undersigned Board Members [Chairman Herzog and Members Houston andReypold93.
79 N. L.-R. B., No. 116. 961