Bonded Freightways, Inc.

National Labor Relations Board - Board Decisions

Jul 23, 1953

106 N.L.R.B. 360 (N.L.R.B. 1953)

360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
BONDED FREIGHTWAYS, INC. and BONDED DRIVERS AND
MECHANICS INDEPENDENT UNION, Petitioner . Case No.
3-RC-1110. July 23, 1953
SECOND SUPPLEMENTAL DECISION AND ORDER
As set forth in our Supplemental Decision and Certification of
Representatives herein,' elections by secret ballots were
conducted on April 2 and 3, 1953, under the direction of the
Regional Director for the Third Region, among the employees
in 5 voting groups. Local 182, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers of America,
AFL, appeared on the ballot in the election for voting group 1,
only. A tally of ballots, showing that a majority of the votes in
the election for voting group 1 was cast for the Petitioner, was
furnished to the parties. On April 13, 1953, Local 182 filed
objections to the election in voting group 1. On April 20, the
Regional Director issued his report on objections, recommend-
ing, inter alia, that the objections of Local 182 be overruled as
untimely. 7--As no exceptions had been filed to the report, the
Board adopted this recommendation and overruled the objections
of Local 182. Thereafter, Local 182 filed a motion to set aside
supplemental decision and certification of representatives.
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, Styles, and Peterson].
Upon the entire record in this case, the Board finds:
The motion of Local 182 alleges that a copy of the report on
objections of the Regional Director was not served on Local 182
so that it did not have opportunity to file timely exceptions to
such report and requests to have its exceptions considered at
this time. As we have administratively determined that a copy of
the report was not in fact servedupon Local 182, we will rescind
our action adopting the Regional Director's recommendation that
Local 182's objections to the election be overruled. Such action
was predicated on the fact that no exceptions had been filed by
Local 182 to the Regional Director's report within 10 days after
the issuance of the report, as required by Section 102.61 (b) of
the Board's Rules and Regulations (Series 6). However, as no
copy of such report was served upon Local 182, it would be in-
equitable to apply that rule to it in this case. We will, therefore,
treat the instant motion as an exception to the Regional Director's
report on objections and consider the is sue raised by the motion.
The motion alleges that, at the time of the election and for 10
days thereafter, Local 182's attorney was absent from Utica,
where the election was held, that the president of Local 182 was
unaware of the Board's rule requiring the filing of objections
1105 NLRB 216.
2 The Regional Director had in the meantime certified the Petitioner as the representative
of the employees in voting group 1.
106 NLRB No. 64.
I
BARTON DISTILLING COMPANY 361
within 5 days after the election and filed objections without the
advice of counsel after the 5-day period had expired, and that,
had his objections been timely filed, they would have been suffi-
cient to cause the election to be set aside . Local 182 contends
that for these reasons its objections shouldnotbe overruled as
untimely.
Section 102.61 of the Board's Rules and Regulations provides
that objections to an election must be filed with the Regional Di-
rection within 5 days after the tally of ballots has been furnished
the parties. The Rules and Regulations of the Board, having been
duly published in the Federal Register, are binding upon all par-
ties to Board proceedings , regardless of actualnotice .3 Noade-
quate reason has been shown for waiving in this case the time
limit on filing objections to elections. As there is no dispute that
the objections of Local 182 were filed more than 5 days after it
was furnished with a tally of ballots, we find that such objections
were untimely,4 and we will deny the instant motion, insofar as it
seeks to have the Board consider such objections on their merits.
[The Board denied the motion. ]
3Federal Register Act, 49 Stat 503, 44 USC § 301 et seq. at § 307.
4See William J. Dunn, d /b/a Dunn Motor Company, 100 NLRB 822.
BARTON DISTILLING COMPANY, and BARTON WAREHOUSE
AND DISTILLING CORPORATIONIand DISTILLERY, REC-
TIFYING & WINE WORKERS' INTERNATIONAL UNION OF
AMERICA, AFL, Petitioner. Case No. 9-RC-1958. July 23,
1953
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before William G.
Wilkerson, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant 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 [Members Houston, Styles, and Peter-
son].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organizations involved claim to represent
certain employees of the Employer.
3. No question affecting commerce exists concerning the
representation of employees of the Employer within the meaning
1 The name of the Employer appears as amended at the hearing.
1.06 NLRB No. 65.