Southwestern Supply and Machine Works

National Labor Relations Board - Board Decisions

May 12, 1949

83 N.L.R.B. 509 (N.L.R.B. 1949)

In the Matter Of SOUTHWESTERN SUPPLY AND MACHINE WORKS,
EMPLOYER and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR-
CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-
CIO), PETITIONER
Case No. 16-UA-349.Decided May 100, 1949
DECISION
AND
CERTIFICATION OF RESULTS
Pursuant to the provisions of Section 9 (e) (1) of the National
Labor Relations Act, as amended, an election was held on March 1,
1949, under the direction and supervision of the Regional Director
for the Sixteenth Region, among the employees of the Employer,
Oklahoma City, Oklahoma, to determine their desires relative to
authorizing the Petitioner to seek a union-security agreement.
'Upon the conclusion of the election, a Tally. of Ballots was furnished
the parties in accordance with the Board's Rules and Regulations.
The tally showed the results of the election as follows :
Number of eligible voters ------------ ---------------------- 19
Void ballots---------------------------------------------- 0
Votes cast in favor of authorization__ .--------------------- 9
Votes cast against the proposal----------------------------- 6
Valid votes counted ----------------- ---------------------- 15
Challenged ballots----------------------------------------- 2
On March 3, 1949 , the Petitioner filed objections to the Tally of
Ballots, alleging five errors in the list of eligible voters.
On March 10 , 1949 , the Regional Director issued and duly served
upon the parties his Report on Challenges and Objections wherein he
recommended that the Board sustain the challenge to one of the ballots,
not rule on the other challenged ballot because it is not determinative of
the results of the election , and strike two names from the eligibility
list.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three -member panel [Members Houston, Reynolds, and
Murdock].
83 N. L . R. B., No. •81.
509
510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
No exceptions to the Regional Director's Report having been filed
by any of the parties, we adopt the Regional Director's Report and
recommendations by sustaining the challenge to one of the ballots and
modifying the Tally of Ballots to show the number of eligible voters
,to be 17 instead of 19.
CERTIFICATION OF RESULTS
Upon the basis of the Tally of Ballots, of the Regional Director's
Report, and upon the entire record in the case, the Board certifies
that :
1. A majority of employees eligible to vote in the unit below have
voted to authorize International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America (UAW-CIO) to
make an agreement with Southwestern Supply and Machine Works,
Oklahoma City, Oklahoma, requiring membership in such labor
organization as a condition of continued employment, in conformity
with Section 8 (a) (3) of the Act as amended. . `
2. The appropriate bargaining unit in which the election was con-
ducted comprises :
All production and maintenance employees at the Employer's Okla-
homa City, Oklahoma, plant, including shipping clerks, craters, and
truck drivers, but excluding all supervisors as defined in the Act.