64 N.L.R.B. 622 (N.L.R.B. 1945)

Medley Distilling Co.

National Labor Relations Board - Board DecisionsOct 31, 1945

64 N.L.R.B. 622 (N.L.R.B. 1945)

In the Matter of JOHN A., WATHEN, THOMAS, AND BENJAMIN MEDLEY, D/B/A MEDLEY DISTILLING COMPANY and INTERNATIONAL BROTHER- HOOD OF FIREMEN & OILERS, -A. F. L. In the Matter of JOHN A., WATHEN, THOMAS, AND BENJAMIN MEDLEY, D/B/A MEDLEY DISTILLING COMPANY and DISTILLERY, RECTIFYING & WINE WORKERS INTERNATIONAL UNION OF AMERICA, A. F. L. Cases Nos. 11-R-770 and 11-R-783, respectively SUPPLEMENTAL DECISION AND ORDER October 31, 1945 On July 18, 1945, pursuant to the Decision and Direction of Elec- tions issued by the Board herein on June 9, 1945,E elections by secret ballot were conducted under the direction and supervision of the Re- gional Director for the Eleventh Region (Indianapolis, Indiana). Upon the conclusion of the elections, a Tally of Ballots was furnished each of the parties in accordance with the Rules and Regulations of the Board. As to the balloting and its results, the Regional Director reported as follows : Firemen's unit Approximate number of eligible voters----------------------- 7 Void ballots ----- --- -- ----- ---------- - -- -- - 0 Votes cast for the Firemen---------------------------------- 1 Votes cast against the Firemen------------------------------ 5 Valid votes counted----------------------------------------- 6 Challenged ballots------------------------------------------ 1 Valid votes counted plus challenged ballots------------------- 7 Residual production and maintenance unit Approximate number of eligible voters----------------------- 66\ Void ballots ----------------------------------------------- 0 Votes cast for the Distillery Workers------------------------ 11 Votes cast against the Distillery Workers-------------------- 52 Valid votes counted----------------------------------------- 63 Challenged ballots------------------------------------------ 3 Valid votes counted plus challenged ballots------------------- 66 162 N L. R. B. 261. 64 N. L. R. B., No. 105. 622 MEDLEY DISTILLING COMPANY 623 Thereafter, the International Brotherhood of Firemen & Oilers, A. F. L., herein called the Firemen, and the Distillery, Rectifying & Wine Workers International Union of America, A. F. L., herein called the Distillery Workers, filed objections to the conduct of the ballot. On September 6, 1945, the Regional Director, acting pursuant i o Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 3, as amended, issued and duly served upon the parties to the proceeding his Consolidated Report on Objections in which he found that the matter complained of in each of the objections raised substantial and material issues with respect to the elections. Subsequently thereto, the Company filed exceptions to the Regional Director's Report on Objections and requested a hearing. The Board, having duly considered the objections filed by the Fire- men and the Distillery Workers, the Regional Director's Consolidated Report on Objections, and the Company's exceptions thereto, pro- vided for an appropriate consolidated hearing upon due notice before Maurice M. Miller, Trial Examiner. The hearing was held at Owens- boro, Kentucky, on October 9, 1945. The Company appeared and participated; the Firemen and the Distillery Workers failed to appear. The Board's attorney, upon communicating with the Firemen by tele- phone, learned that neither the Firemen nor the Distillery Workers had intended to appear at the hearing and that the Firemen had inad- vertently neglected to notify the Board. Inasmuch as no evidence was adduced in support of the objections to the conduct of the ballot filed my the Firemen and the Distillery Workers, the objections are hereby overruled.2 We are constrained to remind labor organizations who initiate proceedings before the Board that it is incumbent upon them to notify the Board in the event they desire to withdraw from a proceeding; failure to do so involves a needless expenditure of the Board's time and funds and raises an implication of abuse of the Board's process. It appears from the Tally of Ballots that no collective bargaining representative has been selected in either the Firemen's unit or the Dis- tillery Workers' unit, and that the challenged ballots are insufficient to affect the results of the elections. We shall, therefore, dismiss the petitions. ORDER IT Is HEREBY ORDERED that the petitions for investigation and certi- fication of representatives of employees of John A., Wathen, Thomas, and Benjamin Medley, d/b/a Medley Distilling Company, Owensboro, I In view of the fact that we are overruling the objections to the conduct of the ballot filed by the Firemen and the Distillery workers, we find it unnecessary to rule upon the Company's motion regarding the timeliness of the filing of the objections 624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Kentucky, filed by the International Brotherhood of Firemen & Oilers, A. F. L., and by the Distillery, Rectifying & Wine Workers Interna- tional Union of America , A. F. L., be, and they hereby are , dismissed. MR. GERARD D. REILLY took no part in the consideration of the above SupplementaloDecision and Order.