Grand Forks Grocery Co., 1271 (1958)

Grand Forks Grocery Company and General Drivers '& Warehouse Employees, Local 581, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America,

Petitioner. Case No. 18-RC-3384. October 10, 1958

SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES

Pursuant'to a Decision and Direction of Election dated October 30, 1957,1 an election by secret ballot was conducted on November 19, 1957, among the employees in the appropriate unit herein. A tally of ballots was issued to the parties which showed that there were 12 eligible voters, and that 11 valid ballots were cast, of which 5 were for the Petitioner, 3 were against the Petitioner, and 3 were challenged by' the Petitioner.

The Petitioner, filed objections to the election. Since the challenges were sufficient in number to affect the results of the election, the Regional Director investigated the challenged ballots and the objections and, on December 27, 1957; issued his report and recommendations on objections and challenges. In his report, the Regional Director recommended that the objections be overruled, the challenges be sustained,2 and the Petitioner be certified as bargaining agent of the employees in the appropriate unit. The Employer filed timely exceptions to the Regional Director's report.

On March 17, 1958, the Board issued a Supplemental Decision, Direction, and Order.3 It adopted that part of the Regional Director's recommendation to which no exceptions were filed and overruled the Petitioner's objections; it also overruled the challenge to Johnson's ballot and directed that it be opened and counted, and directed that a hearing be held to resolve the issues raised by the challenges to the ballots of Rupp and Austreng if it developed that Johnson's ballot was not determinative of the election.

On March 20, 1958, Johnson's ballot was opened and counted and a revised tally of ballots was issued which showed 5 votes for,Petitioner, 4 against the Petitioner, and 2 unopened challenged ballots. The challenged ballots of Rupp and Austreng thus being sufficient in number to affect the results of the election, a hearing'to resolve the issues raised by the challenges to those ballots was held before Clarence A. Meter;

hearing officer, on April 25, 1958. The Employer and the Petitioner appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce 1 Unpublished.

2 The challenged ballots were cast by James Johnson, Donald J. Rupp, and Oscar Austreng.

8 120 NLRB` 98.

121 NLRB No. 168.

evidence bearing on the issues. On May 9, 1958, the hearing officer issued and served upon the parties his report recommending that the challenges to the ballots of Rupp and Austreng be sustained and that a certification of representatives be issued in the Petitioner's favor.

The Employer has...