Nudor Manufacturing Corp.

National Labor Relations Board - Board Decisions

Nov 8, 1955

114 N.L.R.B. 944 (N.L.R.B. 1955)

944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Nudor Manufacturing Corporation and Independent Metal
Workers of America,' Petitioners and Lumber and Sawmill
Workers, Local 2288, AFL;' International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica, Local 578, AFL. Cases Nos. f1-RM-826 and 21-RC-3807.
November 8, 1955
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVE
Pursuant to a Board Order issued August 25, 1955, reinstating its
Decision and Direction of Election dated August 16, 1955,3 an election
by secret ballot was conducted on September 7,1955, under the direction
and supervision of the Acting Regional Director for the Twenty-first.
Region, among the employees in the unit found appropriate. There-
after, the parties were furnished a tally of ballots showing that of 21
voters casting valid ballots, 19 voted for Petitioner, none voted for
Local 2288, and 2 voted against the participating labor organizations-
No void ballots were cast, but one was challenged. The challenged
ballot was not sufficient to affect the results of the election.
On September 13, 1955, Local 2288 filed timely objections to conduct
affecting the results of election. The Regional Director investigated
the objections, and, on September 26,1955, duly served upon the parties
his report on objections in which he found that the objections were
without merit and recommended that they be overruled. Thereafter,
Local 2288 filed timely exceptions to the Regional Director's report.
The Board, having considered the Regional Director's report, the
exceptions, and the entire record, finds as follows :
In its objection No. I, Local 2288 alleges (a) that the Petitioner is
dominated and controlled by the Employer, (b) that the Employer has
given and is giving Petitioner illegal support, (c) that the Employer
has illegally entered into a contract with it, and (d) that the Employer
improperly and illegally used this contract to influence the outcome of
the election. In its objection No. II, Local 2288 contends that as the
Petitioner was out of compliance at the time the Board's Decision and
Direction of Election issued, the election is therefore invalid. In its
objection No. III, Local 2288 contends that the Board's Order reinstat-
ing its Decision and Direction of Election after Petitioner came back
into compliance is also invalid for the same reason given in objection
No. II and for the further reason that it is illegal and improper to
reinstate an order which was invalid when made.
With regard to allegations (a), (b), and (c) in objection No. I, it
is patent that these, in effect, amount to allegations of an 8 (a) (2)
1 Referred to hereinafter as the Petitioner.
' Referred to hereinafter as Local 2288.
' Not reported in printed volumes of Board Decisions and Orders.
114 NLRB No. 144.
I
I THE DE VILBISS COMPANY 945
violation and are of a type which the Board will not determine in a
representation proceeding. Furthermore, Local 2288 has incorporated
these allegations in an unfair labor practice charge 4 which has been
dismissed by the General Counsel. Under the circumstances, we find
no merit in these allegations.5 As to allegation (d) in objection No. I,
the report on objections discloses that, although afforded ample oppor-
tunity to do so, Local 2288 failed to submit evidence in support of this
allegation. In view of the well-established rule that the Board will not
attempt to evaluate an allegation unsupported by evidence,6 we find
this allegation to be without merit. In agreement with the Regional
Director, we overrule objection No. I.
Objections Nos. II and III concerning compliance are directed to
the Board's Decision and Direction of Election and to the Board's
Order reinstating its Decision and Direction of Election, rather than
to any conduct in connection with the election. As these objections do
not raise any matters not heretofore considered, we find, in agreement
with the Regional Director, that they are without merit. These objec-
tions are therefore overruled.7
As the Petitioner received a majority of the valid ballots cast in the
election, we shall certify it as the exclusive bargaining representative
of all 'employees in the appropriate unit.
[The Board certified Independent Metal Workers of America, as
the designated collective-bargaining representative of the employees
of the Employer, in the unit heretofore found by the Board to be ap-
propriate.]
MEMBER MURDOCK took no part in the consideration of the above Sup-
plemental Decision and Certification of Representative.
A Case No. 21-CA-2122.
6 Garner Aviation Service Corporation and Lynchburg Air Transport and Sales Corpora-
tion, d/b/a Garner Aviation Service Corporation , 114 NLRB 293.
ON. B. Liebman & Company, Inc., 112 NLRB 88.
7 Globe Steel Tubes Co., 103 NLRB 1197 , at p. 1198.
The De Vilbiss Company and Richard Glenn Platt , Petitioner and
International Union, United Automobile, Aircraft & Agricul-
tural Implement Workers of America (UAW-CIO) and Its
Local Union No. 1237. Case No. 6-RD-119. November 9, 1955
SUPPLEMENTAL DECISION, ORDER, AND SECOND
DIRECTION OF ELECTION
Pursuant to a Decision and Direction of Election issued August 11,
1955,1 an election by secret ballot was conducted on August 25, 1955,
among the employees of the Employer in the unit found appropriate
I Not reported in printed volumes of Board Decisions and Orders.
114 NLRB No. 148.