Waltham Screw Co.

National Labor Relations Board - Board Decisions

Apr 24, 1959

123 N.L.R.B. 883 (N.L.R.B. 1959)

WALTHAM SCREW COMPANY 883
employees of the truth of FEWA's statement. We have examined
the contents of the Employer's denial," and find that it sufficiently
counteracted any possible adverse effect on employees. Accordingly,
we overrule IUE's objection 16.
We have carefully considered all of the objections, the Regional
Director's report, IUE's exceptions, and the entire record in the case,
and find in agreement with the Regional Director that they present
insufficient basis for setting aside the election. Accordingly, the ob-
jections are hereby overruled. As Fisher Employees Welfare Asso-
ciation has received a majority of the valid votes cast in the election,
we shall certify it as representative of the employees in the appro-
priate unit.
[The Board certified Fisher Employees Welfare Association as
the collective-bargaining representative of the employees in the unit
heretofore found appropriate.]
11 The Employer explained to employees that the arrangement for paid voting time was
agreed upon at a joint conference at the Board 's Regional Office on November 10 The
Employer further stated that it had not bargained with either union about this matter or
any other matter, and that any statement to the contrary was unfounded
Waltham Screw Company and International Union , United
Automobile , Aircraft, Agricultural Implement Workers of
America (UAW) AFL-CIO, Petitioner. Case No. 1-RC-5411.
April 24, 1959
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to the Employer's timely objections to conduct affecting
the results of the election held herein, the Regional Director issued
and duly served upon the parties his report on objections, a copy of
which is attached hereto, in which he found that the Employer's
objections did not raise substantial and material issues affecting the
results of the election, and recommended that they be overruled and
that the Petitioner be certified as the collective-bargaining representa-
tive of the employees in the unit. The Employer filed timely excep-
tions to the Regional Director's report.
The Board' has considered the Employer's objections, the Regional
Director's report, and the Employer's exception thereto, and hereby
adopts the findings and recommendations of the Regional Director.
Accordingly, as the tally of ballots shows that the Petitioner has,
received a majority of the valid votes cast in the election, we shall
1Pursuant to the provisions of Section 3(b) of the Act , the Board has delegated its
powers in connection with this case to a three -member panel [ Chairman Leedom and
Members Rodgers and Fanning]
123 NLRB No. 116.
884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certify the Petitioner as the collective -bargaining representative of
the employees in the appropriate unit.
[The Board certified International Union, United Automobile, Air-
craft, Agricultural Implement Workers of America (UAW) AFL-
CIO, as the collective -bargaining representative of the employees in
the unit herein found appropriate.]
REPORT ON OBJECTIONS
Pursuant to Decision and Direction of Election of the Board, dated January
29, 1959, the Regional Director conducted an election on February 18, 1959, among
certain employees of the Employer . The tally of ballots cast at said election is
as follows:
Approximate number of eligible voters ---------------------------- 38
Void ballots-------------------------------------------------- 0
Votes cast for Petitioner---------------------------------------- 35
Votes cast against participating labor organization------------------ 3
Valid votes counted-------------------------------------------- 38
Challenged ballots--------------------------------------------- 2
Valid votes counted plus challenged ballots------------------------- 40
On February 26, 1959, the -Employer filed timely objections to conduct affecting
the results of the election, serving copy thereof on the Petitioner. The objections
allege as follows:
the election was held, over the protests of the Employer , while the Em-
ployer's Motion for Revocation and Reconsideration of the Board's Order and
Direction of Election was pending and prior to a ruling by .the Board thereon,
which ruling, as set forth in the Employer's Motion to Revoke and Reconsider
should be in favor of the Employer as a matter of law.
Pursuant to Section 102.69 of the Board 's Rules and Regulations , Series 7, the
Regional Director has conducted an investigation and makes this his report thereon.
As heretofore stated, the Board's Decision and Direction of Election was dated
January 29 , 1959, and arrangements were made to conduct the election on February
18, 1959.
Employer's Motion to Revoke and Reconsider Board's Decision and Direction of
Election was filed on February 3, 1959.
The Board's Order Denying Employer's Motion was dated February 20, 1959.
In the opinion of the Regional Director the conduct of the election 2 days prior
to the Board 's denial of the Employer 's Motion for Revocation and Reconsideration
did not in any way prejudice the Employer's rights in this matter, and is consonant
with the usual practice of the Board and its Regional Offices.
It is therefore recommended that the objection be dismissed and that the Petitioner
be certified for the unit found appropriate.
General Electric Company and Local Union No. 1, Powerhouse
Workers Protective Association , Petitioner. Case No. ?-RC-
94497. April221F, 1959
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Louis Schneider, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.'
i Local 301, International Union of Electrical, Radio & Machine Workers, AFL-CIO,
intervened on the basis of its contractual interest.
123 NLRB No. 105.