Sams Motor Sales, Inc.

National Labor Relations Board - Board Decisions

May 17, 1949

83 N.L.R.B. 660 (N.L.R.B. 1949)

In the Matter of SAMS MOTOR SALES, INCORPORATED, EMPLOYER. and
INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 34-RC-82
SUPPLEMENTAL DECISION
AND
DIRECTION
May 17, 1949
On January 27, 1949, pursuant to a Decision and Direction of Elec-
tions issued by the Board on January 3, 1949, an election by secret
'ballot was conducted under the direction and supervision of the
Regional Director for the Fifth Region, among the employees of the
Employer in the unit found appropriate in the Decision? Following
the election, a Tally of Ballots was furnished the parties. The tally
shows that there were approximately 20 eligible voters and that 18
ballots were cast, of which 7 were for the Petitioner, 7 against the
Petitioner, and 4 ballots were challenged. The challenged ballots are
sufficient in number to affect the results of the election.
On February 2, 1949, the Petitioner filed Objections to the Conduct
of the Election, alleging that the Employer, through his supervisors
made certain threats to an employee or employees prior to the election.
Thereupon, in accordance with the Board's Rules and Regulations,
the Regional Director conducted an investigation on the objections to
the conduct of the election and the challenges.
On April 8, 1949, the Regional Director issued and duly served
upon the parties his Report on Objections and Challenges. In his
report the Regional Director found that the objections were without
merit and recommended that they be overruled. He further found
that the challenges to the ballots of Tom Holmes and James Dalton
should be sustained and their ballots should not be counted, and that
the challenges to the ballots of Alfred Carter and Foster Patrick
should be overruled and these two ballots should be opened and counted.
I The instant case, by order of the Board , was consolidated with Matter of Harrys
Cadillac-Pontiac Company , Incorporated, Case No. 34-RC-71 and six other similar cases
(81 N. L. R. B. 1). The instant case, for the purpose of this Supplemental Decision and
Direction, is hereby severed from the other cases.
83 N. L. R. B., No. 97.
660
SAMS MOTOR SALES, INCORPORATED 661
As no exceptions to the Regional Director's Report on Objections
and Challenges have been filed within the time provided therefor, we
hereby adopt the Regional Director's findings and recommendations.
We hereby overrule the Petitioner's objections to the conduct of the
election. We further sustain the challenges to the ballots of Holmes
and Dalton, and overruled the challenges to the ballots of'Carter and
Patrick. We shall direct that the latter two ballots be opened and
counted.
DIRECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Sams Motor Sales, Incorporated,
of Asheville, North Carolina, the Regional Director for the Fifth Re-
gion, shall, pursuant to the National Labor Relations Board Rules and
Regulations, within 10 days from the date of this Direction, open and
count the ballots of Alfred Carter and Foster Patrick and thereafter
cause to be served upon the parties a Supplemental Tally of Ballots,
including therein the count of such challenged ballots.
MEMBERS REYNOLDS and MuRDocg took no part in the consideration
of the above Supplemental Decision and Direction.
844340-50-vol. 83-43