Necco Sales Corp., 155 (1957)

We shall, -therefore, reopenm the ,case, set aside the certification, and remand the case to the Regional Director for investigation of the issues raised by such objections.

[The Board set aside the certification issued and reopened the case for further proceedings.] - [The Board directed that the Regional Director for the Sixteenth Region shall investigate the issues raised by the objections and shall prepare and serve upon the parties a supplemental report on objections, and shall take such other action as may be,necessary, in accordance with the Rules and Regulations of the Board.] MEMBERS MunDCK and BEAN took no part in the consideration of the above Decision, Order, and Direction.

Necco Sales Corporation and Candy ,and Confectionery Union,,

Local 50, RWDSU, AFL-CIO, Petitioner. Case No. 2 RC-90f29.

Goober 25, 195' DECISION AND- CERTIFICATION OF REPRESENTATIVES 'On August 22; 1957, pursuant to a'stipulatioi1 for certification upon consent, election, an election by secret ballot !was conducted under the direction and supervision of the Regional Director for the Second Region among the employees in the agreed appropriate unit. Following the election, the Regional Director served on the parties a tally of ballots, which, showed that of approximately' 5 eligible- voters, 5 cast ballots; of which 3 were cast -for and,2 were cast against the Petitioner. No ballots were challenged.

On -August 27,- 1957, the Employer filed timely objections which alleged that : (1) Promptly after the results of the election were published, 3' of the 5 employees who had voted informed the Employer that they had intended to vote, and to the best of their knowledge had voted, against the Petitioner, and (2) apparently a mistake was made, in marking at-least 1' ballot and, thus, the result of the election does not represent the, true - wishes, at- the time of the election, of a majority of the employees-who voted. On September 1% 1957, the Regional Director filed his report on objections in which he recommended that the objections be overruled and that the Petitioner be certified as the exclusive representative of the employees in the appropriate unit. 'On, September 23, 1957, the ' Employer' filed exceptions to the Regional Director's repprt. - Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with -119 NLRR No. 28.

this case to a three-member panel [Chairman Leedom and Members Murdock...