Safety Motor Transit Corp.

National Labor Relations Board - Board Decisions

May 6, 1949

83 N.L.R.B. 392 (N.L.R.B. 1949)

In the Matter of SAFETY MOTOIi'TRANSIT CORPORATION, ROANOKE RAIL-
WAY AND ELECTRIC COMPANY, PETITIONER AND EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LODGE 1368
Case No. 5 RM-6
SUPPLEMENTAL DECISION
AND
ORDER
May 6,1949
On July 30, 1948, the Board 1 issued a, Decision and Direction of
Election in the above-entitled proceeding.2 Thereafter, and pursuant
thereto, the Regional, Director for the Fifth Region, on August 19,
1948, conducted an.election by secret ballot among certain employees
of the Employer. Upon the conclusion of the election, a Tally of
Ballots was furnished the parties in accordance with the Rules and
Regulations of the Board.
The tally shows that of approximately 61 eligible voters, 60 cast
ballots, of which 26 were for the Union and 34 against the Union.
Thereafter, by letter dated August 26, 1948, the Union filed objec-
tions to the conduct of the election, alleging : (1) electioneering by
representatives of the Employer near the polls; (2) the presence of
representatives of the Employer around or near the polling places
while the election was taking place ; and (3) the use of cars of the
Employer to bring voters to the polls.
Thereafter, on March 23, 1949, the Regional Director, having con-
ducted an investigation, issued his Report on Objections. In his
report, the Regional Director found no-merit in the objections listed
in the Union's letter of August 26, 1948, and recommended that they be
overruled. No exceptions have been filed by either of the parties to
the Regional Director's findings and recommendations with respect to
these objections. Accordingly, we adopt the findings and recommen-
dations of the Regional Director and overrule these objections.
The Regional Director, however, includes in his report certain
findings and a recommendation with respect to a fourth objection,
Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with the Supplemental Proceedings in this
case, to a three -member panel [ Chairman Herzog and Members Houston and Gray].
2 78 N. L. R. B. 831.
83 N. L. R. B., No. 57.
392
SAFETY MOTOR TRANSIT CORPORATION 393
raised by the Union in January 1949, long after its letter of August
26, 1948, described above, and after the period for filing objections
had closed. The Regional Director found that the fourth objection
raised substantial and material issues with respect to the conduct of
the election and recommended that the election be set aside.
'Thereafter, on March,28,, 1949, .the, Employer filed exceptions to
the Regional Director's report, pointing out, inter alia, that the
fourth objection of the Union was not timely presented. We agree,
and find, therefore, that the fourth objection of the Union was not
properly within the scope of the, Regional Director's investigation
and report.3 We make no findings on the merits of this objection.
The Employer's exceptionsrto the fourth objection are, for procedural
reasons, hereby sustained.
Inasmuch as the tally shows that the Union has failed to secure a
.majority of the votes cast, we, find that no question affecting commerce
exists concerning the representation of employees of the Employer,
within the meaning of Section 9 (c) (1) and Section 2 (6) and (7)
of the Act. Accordingly, we shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives filed herein by the Employer, be, and it
hereby is, dismissed.
3 See, e. g., Consolidated Vultee Aircraft Corporation, 72 N. L. R. B. 497.