Midtown Motor Inn

National Labor Relations Board - Board Decisions

Jun 12, 1975

218 N.L.R.B. 423 (N.L.R.B. 1975)

MIDTOWN MOTOR INN 423
K-(Street Hotel Corp. t/a Midtown Motor Inn and
International Union of Operating Engineers, Local
99, AFL-CIO, Petitioner . Case 5-RC-9161
June 12, 1975
DECISION AND ORDER DIRECTING
HEARING
By CHAIRMAN MURPHY AND MEMBERS
JENKINS AND KENNEDY
or, in the alternative, a hearing be held on the
objections.
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.
The Board has considered the Regional Director's
report and the Employer's objections and the
exceptions and is of the opinion that issues have been
raised by the Employer's objections which can best
be resolved by a hearing.
Pursuant to a Stipulation for Certification Upon
Consent Election executed by the parties, and
approved by the Regional Director for Region 5 of
the National Labor Relations Board on November 7,
1974, an election by secret ballot was -conducted in
the above-entitled proceeding on November 27,
1974, under the direction and supervision of said
Regional Director. 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 of ballots shows that there were approxi-
mately two eligible voters and that two ballots were
cast, both of which were for the Petitioner.
On December 5, 1974, the Employer filed timely
objections to the conduct of the election. The
Regional Director caused an investigation of the
objections to be made and, thereafter, on February
27, 1975, issued and served on the parties his Report
on Objections. In his report, the Regional Director
recommended to the Board that the Employer's
objections be overruled in their entirety and that a
certification of representative be issued.
On March 18, 1975, the Employer filed timely
exceptions' to the Regional Director's report and
bnief in support. The Employer requests that the
election be set aside and a new election be conducted
I At the request of the Employer, the time for filing exceptions was
extended to March 19, 1975.
ORDER
It is hereby ordered that a hearing be held before a
duly designated Hearing Officer for the purpose of
receiving evidence to resolve the issues raised by the
Employer's objections.
IT IS FURTHER ORDERED that the Hearing Officer
designated for the purpose of conducting such
hearing shall prepare and cause to be served on the
parties a report containing resolutions of the credibil-
ity of witnesses, ' findings of fact, and recommenda-
tions to the Board as to the disposition of said
objections. Within 10 days from the date of issuance
of such report, either party may file with the Board in
Washington, D.C., eight copies of exceptions thereto.
Immediately upon the filing of such exceptions, the
party filing the same shall serve a copy thereof on the
other party and shall file a copy with the Regional
Director. If no exceptions are filed thereto, the Board
will adopt the recommendations' of the Hearing
Officer.
IT IS FURTHER ORDERED that the above-entitled
matter be, and it hereby is, referred to the Regional
Director for Region 5 for the purpose of conducting
such hearing, and that the said Regional Director be,
and he hereby is, authorized to issue notice thereof.
218 NLRB No. 58