Lake Odessa Machine Products, Inc.

National Labor Relations Board - Board Decisions

Oct 4, 1973

206 N.L.R.B. 273 (N.L.R.B. 1973)

LAKE ODESSA MACHINE PRODUCTS 273
Lake Odessa Machine Products , Inc. and International
Union, Allied Industrial Workers of America, AFL-
CIO. Case 7-RC-11408
October 4, 1973
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN MILLER AND MEMBERS FANNING AND
PENELLO
Pursuant to a Decision, Order, and Direction of
Second Election issued on February 7, 1973, an elec-
tion by secret ballot was conducted on March 5, 1973,
under the direction and supervision of the Acting Re-
gional Director for Region 7 of the National Labor
Relations Board among the employees in the unit
found appropriate by the Board. Following the elec-
tion, a tally of ballots was furnished the parties. The
tally shows that of 78 votes cast in the election, 52
were for the Petitioner, 22 were against the Petitioner,
and 4 were challenged. The challenged ballots were
insufficient in number to affect the election results.
On March 12, 1973, the Employer filed timely objec-
tions to conduct affecting the results of the election.
In accordance with the National Labor Relations
Board Rules and Regulations, the Regional Director
investigated the objections and on April 26, 1973,
duly served upon the parties a report on objections in
which he recommended that the objections be over-
ruled in their entirety and that the Petitioner be certi-
fied as the exclusive bargaining representative of the
employees in the unit found to be appropriate. The
Employer has filed timely exceptions and a support-
ing brief to the Regional Director's report.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority 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. The parties stipulated, and we find, that the fol-
lowing employees of the Employer constitute a unit
appropriate for purposes of collective bargaining
within the meaning of Section 9(b) of the Act:
All production and maintenance employees, in-
cluding all shipping and receiving employees em-
ployed by the Employer at its facility located at
1201 Fourth Street, Lake Odessa, Michigan; but
excluding all office clerical employees, profes-
sional employees, technical employees, guards
and supervisors as defined in the Act.
5: The Board has considered the Employer's objec-
tions, the Regional Director's report, and the
Employer's exceptions and brief, and hereby adopts
the Regional Director's findings, conclusions, and
recommendations.'
Accordingly, as the tally of ballots shows that the
Petitioner has received a majority of the valid votes
cast, we shall certify it as the exclusive bargaining
representative for the employees in the appropriate
unit.
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for International Union, Allied
Industrial Workers of America, AFL-CIO, and that,
pursuant to Section 9(a) of the National Labor Rela-
tions Act, as amended , the said labor organization is
the exclusive representative of all the employees in the
unit found appropriate herein for the purposes of col-
lective bargaining in respect to rates of pay , wages,
hours of employment, or other conditions of employ-
ment.
1 In our opinion, the Employer's exceptions raise no material or substantial
issues of fact or law which would justify reversing the Regional Director's
findings or require a hearing.