Kit Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 30, 1971

198 N.L.R.B. 1 (N.L.R.B. 1971)

KIT MANUFACTURING COMPANY 1
Kit Manufacturing Company and International Mold-
ers and Allied Workers Union, AFL-CIO-CLC,
Petitioner . Case 8-RC-8182
November 30, 1971
DECISION, ORDER, AND DIRECTION
OF SECOND ELECTION
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND KENNEDY
Pursuant to a Stipulation for Certification Upon
Consent Election approved on April 27, 1971, an
election by secret ballot was conducted on May 14,
1971, under the direction and supervision of the
Regional Director for Region 8, among the employ-
ees in the stipulated unit described below. At the
conclusion of the election , the Regional Director
served upon the parties a tally of ballots, which
showed that of two eligible voters , one valid ballot
was cast , in favor of the Petitioner . There were no
challenged ballots . Thereafter , the Employer filed
timely objections to conduct affecting the results of
the election.
In accordance with the National Labor Relations
Board Rules and Regulations and Statements of
Procedure, Series 8 , as amended, the Regional
Director conducted an investigation , and, on June 8,
1971, issued and duly served upon the parties his
report on objections , in which he recommended that
the Employer's objections be overruled in_ their
entirety, and that the Petitioner be certified as the
collective-bargaining representative of the employees
in the stipulated unit . The Employer filed timely
exceptions to the Regional Director 's report.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three -member panel.
Upon the entire record in this case , the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of employees of the Employer
within the meaning of Section 9(c)(1) and Section
2(6) and (7) of the Act.
4. In accordance with the stipulation of the
parties, we find that the following employees of the
Employer constitute a unit appropriate for the
purposes of collective bargaining within the meaning
of Section 9(b) of the Act:
All over-the-road truckdrivers, excluding all
production and maintenance employees, office
clerical employees, professional employees,
guards and supervisors as defined in the Act.
5. The Board has considered the Employer's
objections, the Regional Director's report on objec-
tions, the Employer's exceptions, and the entire
record in this case, and makes the following finding:
The Board conducted an election herein on May
14, 1971, and the tally of ballots showed that only
one of two eligible voters cast a ballot and it was in
favor of the Union. Thereafter, the Employer filed a
number of timely objections to conduct affecting the
results of the election, all of which pertained, or had
reference, to the failure of one of the two eligible
voters to arrive at the polls in time to vote. Following
an investigation, the Regional Director found no
reason to invalidate the election, and recommended
that the Employer's objections be overruled, and that
a certification of representative be issued in favor of
the Union. We disagree. Under >ibe rcumstances of
this case, which reflect that of two eligible employees
only one employee voted in the election , existing
Board precedent requires that a rerun election be
conducted.' We shall, therefore, set the election aside
and direct that a second election be conducted.
ORDER
It is hereby ordered that the election of May 14,
1971, among the unit of employees hereinbefore
described, be, and it hereby is, set aside.
[Direction of Second Election and Excelsior
footnote omitted from publication.]
1 See Bernard Gold and Jack Wasserman, Co-partners d/b/a Gold &
Baker, 55 NLRB 591, 54 NLRB 869. Cf. Yerges Van Liners, Inc, 162
NLRB 1259, 1261 (fn. 3)
198 NLRB No. 131