Cory Corp.

National Labor Relations Board - Board Decisions

Apr 14, 1954

108 N.L.R.B. 244 (N.L.R.B. 1954)

244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to be represented in a separate bargaining unit . If a majority
of these employees vote for the Intervenor , the Regional
Director shall issue a certification of results of the election
to that effect and they will remain a part of the existing
plantwide unit.
[Text of Direction of Election omitted from publication]
Member Beeson took no part in the consideration of the
above Decision and Direction of Election.
FRESH'ND-AIRE COMPANY, DIVISION OF CORY CORPORA-
TION and DISTRICT NO. 140, INTERNATIONAL ASSOCIA-
TION OF MACHINISTS, AFL, Petitioner. Case No . 13-RC-
3190. April 14, 1954
THIRD SUPPLEMENTAL DECISION and
CERTIFICATION OF REPRESENTATIVES
On January 20, 1954, the Board issued its Second Supple-
mental Decision and Direction herein, directing the Regional
Director for the Thirteenth Region to open and count certain
ballots which had been challenged in the election held herein
on September 3, 1953, and to prepare and serve upon the
parties a revised tally of ballots.' Pursuant thereto, the
ballots in question were opened and counted , and a revised
tally of ballots was prepared and served. The revised tally
shows that 60 valid votes were counted, of which 42 were
cast for the Petitioner and 18 were cast against the Petitioner;
there were 10 void ballots; and there were 4 unopened chal-
lenged ballots.
On February 3, 1954, the Employer filed objections to the
conduct of the election and to conduct which affected the
results of the election. On February 5, 1954, the Regional
Director issued his report on the objections, recommending
that the objections be overruled and the Petitioner be certified
as exclusive bargaining agent for the employees in the unit
found appropriate. On February 26, 1954, the Employer filed
exceptions to the Regional Director ' s report.
The Board has considered the Regional Director's report,
the exceptions , and the entire record in the case , and hereby
adopts the findings, conclusions, and recommendations of the
Regional Director.
As indicated above, the election herein was held on Septem-
ber 3, 1953, and the Employer did not file its objections to
that election until February 3, 1954, 5 months later. We find,
therefore, as the Regional Director did, that because the
1107 NLRB No. 183.
108 NLRB No. 56.
EFCO MANUFACTURING, INC. 245
Employer failed to file its objections within 5 days of the
election as required by the Board's Rules and Regulations,
the objections were not timely filed. We find further, as the
Regional Director did, that there were no extenuating circum-
stances surrounding the failure to file the objections timely
which would warrant a consideration of such untimely objec-
tions.2 Accordingly, we overrule the Employer's objections to
the election.
As a majority of the valid votes counted were cast for the
Petitioner, and as the four unopened challenged ballots cannot
affect the results of the election, we shall, as recommended by
the Regional Director, certify the Petitioner as the bargaining
representative of the employees in the appropriate unit.
[The Board certified District No. 140, International Associa-
tion of Machinists, AFL, as the designated collective-bargain-
ing representative of the Employer's production and mainte-
nance employees at its Grays Lake, Illinois, plant, including
shipping, receiving, and stockroom employees, but excluding
office clerical and plant clerical employees, professional
employees, guards, and supervisors as defined in the Act.]
Member Beeson took no part in the consideration of the
above Third Supplemental Decision and Certification of Repre-
sentatives.
2Cf. General Motors Corporation, Central Foundry Division, 107 NLRB 1096, where
a union's objections were not filed within 5 days of the election, but were considered as timely
filed because the Regional Director's report on the employer's objections recommended a
change in the results of the election, and the union's objections were filed within 5 days after
service of the report.
EFCO MANUFACTURING, INC. and UNITED STEELWORKERS
OF AMERICA, CIO.' Case No. 1-CA-1296. April 15, 1954
DECISION AND ORDER
On October 19, 1953, Trial Examiner W. Gerard Ryan issued
his Intermediate Report in this case, finding that the Respondent
had engaged in and was engaging in certain unfair labor prac-
tices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. Thereafter the Respond-
ent, the Union, and the General Counsel filed exceptions to the
Intermediate Report. The Respondent and the Union also filed
supporting briefs.
The Board has reviewed the rulings made by the Trial Exam-
iner at the hearing and finds that no prejudicial error was
'Herein called the Union.
108 NLRB No. 52.