Parkway Lincoln-Mercury Sales, Inc.

National Labor Relations Board - Board Decisions

Jun 22, 1949

84 N.L.R.B. 475 (N.L.R.B. 1949)

In the Matter Of PARKWAY LINCOLN-MERCURY SALES, INC., EMPLOYER
and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF
AMERICA, A. F. L., PETITIONER
Case No. 9-RC-425.-Decided June 02, 1949
DECISION
ORDER
AND
DIRECTION OF ELECTION
On April 12, 1949, pursuant to a "Stipulation for Certification upon
Consent Election," an election by secret ballot was conducted under
the direction and supervision of the Regional Director for the Ninth
Region. Upon conclusion of the election a Tally of Ballots was fur-
nished the parties in accordance with the Rules and Regulations of
the Board.
The tally shows that, of approximately 22 eligible voters, all cast
valid ballots, of which 5 were for the Petitioner and 17 were against
the Petitioner.
On April 14, 1949, the Petitioner filed objections to the election. On
May 19, 1949, the Regional Director made his Report on Objections,
which was served on all parties to this proceeding. In his report the
Regional Director found : that the Employer had designated W. L.
Hodgson to act as its observor at the election; that Hodgson is an
official of the Employer, namely, its vice president; and that the
presence of such official of the Employer at the polls interfered with
the free choice by the employees in the selection of a representative
for the purpose of collective 'bargaining. The Regional Director
recommended that the election be set -aside and a new election be
ordered.
No exceptions having been filed by the parties to the Report on
Objections as provided in the Board Rules and Regulations-Series
5, Section 203.61, as amended, we adopt the findings of the Regional
Director. Accordingly, we shall set aside the election and shall direct a
new election among the employees in the unit described in Section 11
of the "Stipulation for Certification upon Consent Election."
84 N. L. R. B., No. 57
475
476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
IT IS HEREBY ORDERED that the election of April 12, 1949, conducted
among the employees of Parkway Lincoln-Mercury Sales, 'Inc., Cin-
cinnati, Ohio, be, and it hereby is, set aside.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Ninth Region, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, as amended, among the employees in the
unit described in section 11 of the "Stipulation for Certification upon
Consent Election," who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
and also excluding employees on strike who are not entitled to re-
instatement, to determine whether or not they desire to be represented,
for purposes of collective bargaining, by International Union, United
Automobile Workers of America, A. F. L.
CHAIRMAN IIERZOG and MEMBER HOUSTON took no part in the
consideration of the above Decision, Order, and Direction of Election.