Progressive Dynamics, Inc.

National Labor Relations Board - Board Decisions

Nov 14, 1975

221 N.L.R.B. 699 (N.L.R.B. 1975)

PROGRESSIVE DYNAMICS, INC.
Progressive Dynamics , Inc. and International Union,
Allied Industrial Workers of America, AFL-CIO,
Petitioner. Case 7-RC-12949
November 14, 1975
DECISION AND DIRECTION OF
RUNOFF ELECTION
BY CHAIRMAN MURPHY AND MEMBERS
FANNING AND PENELLO
Pursuant to a Stipulation for Certification Upon
Consent Election approved by the Regional Director
on May 5, 1975, an election by secret ballot was
conducted on June 6, 1975, under the direction and
supervision of the Regional Director for Region 7,
among the employees in the stipulated unit. At the
conclusion of the election, the parties were furnished
with a tally of ballots, which ' showed that, of
approximately 137 eligible voters, 126 cast ballots, of
which 55 were for the Petitioner, 6 for the Interve-
nor,' 61 against the participating labor organizations,
and 4 were challenged. The challenged ballots were
sufficient in , number to affect the results of the
election.
The Regional Director, in accordance with the
National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, on June 18, 1975, issued
and duly served on the parties a notice of hearing on
challenged ballots. Following the hearing, Hearing
Officer Charles W. Slavin issued his report in which
1 United Steelworkers of America, AFL-CIO-CLC
Y In the absence of exceptions thereto, we adopt, pro forma, the
recommendation that the challenge to the ballot of Lou Ann Maisner be
sustained
699
he recommended that the challenges be sustained
and that a runoff election be conducted between the
choices receiving the largest and ' second' largest
number of votes in the election conducted on June 6,
1975. The Employer filed exceptions to the Hearing
Officer's report and recommendations that the
challenges to the ballots of William O'Brien, Harold
Kemp, and Roger, Harford be sustained.2
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 Hearing Officer's
report and the Employer's exceptions thereto, and
hereby adopts the Hearing Officer's findings and
recommendations.3
DIRECTION
As no choice on the ballot received a majority of
the valid ballots cast,
It is hereby directed that the Regional Director for .
Region 7 shall conduct a runoff election at a` tinie
and place to be determined by him, among the
employees in the unit employed during the payroll
period used in the prior election to determine
whether or not the employees in question desire to be
represented for purposes of collective bargaining by
International Union, Allied Industrial Workers of
America, AFL-CIO.
3 The Employer' s exceptions , in our opinion, raise no material or
substantial issues of fact and law which would warrant reversal of the
Hearing Officer 's findings and recommendations
221 NLRB No. 96