Hellige, Inc.Download PDFNational Labor Relations Board - Board DecisionsOct 31, 195196 N.L.R.B. 1216 (N.L.R.B. 1951) Copy Citation 1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ica, CIO, has been designated and selected by a majority of the em- ployees of Kearney & Trecker Corporation, West Allis, Wisconsin, in the unit found to be appropriate, as their representative for the pur- poses of collective bargaining, and that, pursuant to Section 9 (a) of the Act, the said labor organization is the exclusive representative of all employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other con- ditions of employment. MEMBERS MURDOCK and STYI ES took no part in the consideration of the above Supplemental Decision and Certification of Representa- tives. IIELLIGE, INC. and LOCAL 463, INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, PETITIONER. Case NO. 2-ILC- 3348. October 31, 1951 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Election, dated June 7, 1951. an election by secret ballot was duly conducted on June 28, 1951, by the Regional Director for the Second Region. At the Intervenor's request 1 its name was removed from the ballot by the Regional Direc- tor. The choice in the election, therefore, was between the Petitioner and no union. The tally of ballots shows that out of approximately 115 eligible voters, 106 cast votes for the Petitioner and 5 cast votes for no union. On July 3, 1951, the Intervenor filed objections to the election. On September 10, 1951, the Regional Director in his report on objections recommended that the objections be overruled in view of the Inter- venor's lack of status to file objections. The Intervenor filed excep- tions to the Regional Director's report on objections. Section 102.61 of the Board's Rules and Regulations provides: . . . Within 5 days after the tally of ballots has been furnished, any party (emphasis added) may file with the regional director . . . objections to the conduct of the election or conduct affecting the results of the election, . . ." The Board has held that a union, to be a party within the meaning of the above-quoted section, must appear on the ballot .2 As the Intervenor, at its own request, did not appear on the ballot, we find that it had no standing to file objections 1 Local 1227, United Electrical Radio and Machine Workers of America. Celanese Corporation of America , 87 NLRB 552; Westinghouse Electric Corporation, 78 NLRB 315, 318. 96 NLRB No. 187. HELLIGE, INC. 1217 to the conduct of this election. We shall therefore adopt the Regional Director's recommendation and hereby overrule the objections filed by the Intervenor. As a majority of the valid votes has been cast for the Petitioner, we shall certify that union as the bargaining repre- sentative of the employees in the unit found appropriate. Certification of Representatives IT Is HEREBY CERTIFIED that Local 463, International Union of Electrical, Radio and Machine Workers, CIO, has been designated and selected by a majority of all production and maintenance employees of tiellige, Inc., Long Island City, New York, plant, excluding office clerical employees, professional employees, guards, and all super- visors as defined in the Act, as their representative for purposes of collective bargaining and that pursuant to Section 9 (a) of the Act, as amended, that organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. AIEMBER REYNOLDS took no part in the consideration of the above Supplemental Decision and Certification of Representatives. CHARLES I. STAFFORD, AI.vA STAFFORD, JAMES I.,. STAFFORD, CHARLES RAYIIOND STAFFORD AND ROBERT E. STAFFORD, DOING BUSINESS As STAFFORD OPERATING COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMER- ICA, GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS LOCAL No. 245, A. F. L. Case No. 1 7-CA-323. November 1, 1961 Decision and Order On May 21, 1951, Trial Examiner Eugene F. Frey issued his Inter- mediate Report in the above-entitled proceeding, finding that the Re- spondents had engaged in and were engaging in certain unfair labor practices in violation of Section 8 (a) (1), (3), and (5) of the Act, and recommending that they cease and desist therefrom and take cer- tain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the Respondents filed excep- tions to the Intermediate Report and a supporting brief. The Board 1 has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. 'Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this proceeding to a three -member panel [ Chairman Herzog and Members Reynolds and Murdock]. 96 NLRB No. 181. Copy with citationCopy as parenthetical citation