Warner Electric Brake and Clutch

National Labor Relations Board - Board Decisions

Dec 10, 1971

194 N.L.R.B. 499 (N.L.R.B. 1971)

PSI DIVISION OF WARNER ELECTRIC BRAKE AND CLUTCH 499
PSI Division of Warner Electric Brake and Clutch and
International Union of Electrical , Radio and Ma-
chine Workers , AFL-CIO, Petitioner. Case
4-RC-9286
December 10, 1971
DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND KENNEDY
Pursuant to a Stipulation for Certification Upon
Consent Election, an election by secret ballot was
conducted on September 9, 1971, under the direction
and supervision of the Regional Director for Region 4
among the employees in the appropriate unit. At the
conclusion of the election, the parties were furnished
with a tally of ballots which showed that of approxi-
mately 58 eligible voters, 57 ballots were cast, of
which 26 were for and 29 were against the Union, and
2 were challenged. The challenged ballots are not
sufficient to affect the results of the election. Thereaft-
er, the Union filed timely objections to conduct
affecting the results of the election.
In accordance with the National Labor Relations
Board Rules and Regulations, the Regional Director,
on, September 30, 1971, issued and served upon the
parties his Report on Objections in which he recom-
mended that the objections be overruled in their
entirety because the Petitioner had failed to submit
any evidence in support thereof, and that the Board
issue a certification of results. The Union filed a
"Request for Review" of the Regional Director's
report, alleging that it had been unable to comply with
his request for supporting evidence by the date fixed
by the Regional Director, due to the illness of its
representative. It urged that the case be remanded to
the Regional Director for consideration of the merits
of the objections alleging that it had furnished the
supporting evidence, though after issuance of the
Regional Director's report. Thereafter, the Employer
filed a brief in opposition to these exceptions.
'Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of the employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act:
All production and maintenance employees,
excluding all other employees, office cleri-
cals, technical employees, guards and super-
visors as defined in the Act.
5. The Board has considered the Regional Direc-
tor's report and the Union's exceptions thereto, and
hereby adopts the Regional Director's findings and
recommendations. The Union's exceptions allege no
meritorious grounds which, in our opinion, warrant
reversal of the Regional Director's action herein. Our
rules require that a party filing objections must do so
within 5 days of an election and must submit
supporting evidence either at that time or forthwith. It
is clear that in the event such evidence is not
submitted with the objections, the Regional Director
has discretion in setting the deadline for its submis-
sion. Mohawk Bedding Corp., 178 NLRB 432. We
cannot say, in this case, that the Regional Director
abused that discretion by selecting September 24,
1971, some 15 days after the election, as the last date
for filing the supporting evidence. Furthermore,
although the Union stated on October 4, 1971, that it
did not submit the evidence in a timely fashion
because, it alleged, its business agent was ill, we have
before us no verification of that allegation. However,
even if such evidence had been submitted, we believe
the Union had ample time to contact the Regional
Office before September 24 to apprise it of the
situation and request an extension, and we find it
significant that no such action was taken. Under these
circumstances, we find no basis for remanding this
case to the Regional Director for further considera-
tion.
CERTIFICATION OF RESULTS OF
ELECTION
It is hereby certified that a majority of valid votes
has not been cast for International Union of Electri-
cal, Radio and Machine Workers, AFL-CIO, and
that said labor organization is not the exclusive
representative of the employees in the unit found
appropriate within the meaning of Section 9(a) of the
National Labor Relations Act, as amended.
194 NLRB No. 59