83 N.L.R.B. 790 (N.L.R.B. 1949)

Hart Manufacturing Co., Inc.

National Labor Relations Board - Board DecisionsMay 24, 1949

83 N.L.R.B. 790 (N.L.R.B. 1949)

In the Matter of HART MANUFACTURING COMPANY, INC., EMPLOYER and METAL POLISHERS, BUFFERS, PLATERS AND HELPERS LOCAL UNION No. 66, METAL POLISHERS, BUFFERS, PLATERS AND HELPERS INTERNA- TIONAL UNION, A. F. L., PETITIONER Case No. 9-RC-278 SUPPLEMENTAL DECISION AND DIRECTION May 24, 194 Pursuant to a Decision and Direction of Election issued in the above-entitled matter on March 11, 1949,1 an election by secret ballot was conducted by the Regional Director for the Ninth Region on April 5, 1949, among the employees of the Employer in the unit found appropriate. Upon the conclusion of the election, a Tally of Ballots was furnished the parties. The tally showed that there were approxi- mately 14 eligible voters, and that 5 votes were cast for the Petitioner, 6 against the Petitioner, and 3 were challenged. No objections to the conduct of the election or conduct affecting the results of the election, were filed within the time provided therefor. Because the challenged ballots could affect the outcome of this election, the Regional Director investigated the challenged ballots and reported thereon. He found that the Petitioner's challenge to the ballot of Earl P. Bennett, on the ground that he was a supervisor, was subsequently withdrawn by the Petitioner and that Bennett was not in fact a supervisor within the meaning of the Act. He found that the Petitioner's challenge to the ballot of Ben Churchman was withdrawn by the Petitioner, and that Churchman was eligible to vote. He further found that the Employer's challenge to the ballot of J. Sieboldt was well taken, as Sieboldt had been discharged for cause before the date of the election. The Regional Director therefore recommended that the ballots of Earl P. Bennett and Ben Churchman be opened and counted, and that the Employer's challenge to the ballot of J. Sieboldt be sustained. Matter of Hart Manufacturing Company , Inc., 81 N. L. R. B. 1367. 83 N. L. R. B., No. 121. 790 HART MANUFACTURING COMPANY, INC . 791 No exceptions to the Regional Director's report were filed within the time provided therefor. None of the parties having filed exceptions to the Regional Director's report, we hereby adopt his report and accept his recommendations. In accordance therewith, we hereby sustain the challenge to the ballot" of J._Sieboldt. We shall direct that the ballots of Bennett and Church- man be opened and counted. DIRECTION As part of the investigation to ascertain representatives for the purpose of collective bargaining with Hart Manufacturing Company, Inc., of Louisville, Kentucky, the Regional Director for the Ninth Region shall, pursuant to the Rules and Regulations of the Board, within ten (10) days from the date of this Direction, open and count the ballots of Earl P. Bennett and Ben Churchman, and thereafter, prepare and cause to be served upon the parties a Supplemental Tally, of Ballots, including therein the count of said challenged ballots. MEMBERS HOUSTON and MuRnocx took no part in the consideration of the above Supplemental Decision and Direction.