Blue Diamond Corp., Ltd.

National Labor Relations Board - Board DecisionsFeb 29, 1940

20 N.L.R.B. 1026 (N.L.R.B. 1940)

In the Matter of BLUE DIAMOND CORPORATION, LTD. and INTERNA- TIONAL LONGSHOREMEN 'S AND WAREHOUSEMEN'S UNION, LOCAL 1-26 Case No. R-1599 SUPPLEMENTAL DECISION AND ORDER February 29, 1940 On December 27, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.': The Direction of Election provided that an election by secret ballot be conducted as early as possible but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Twenty- first Region, among the production and maintenance employees at the five plants and supply depots of the Blue Diamond Corporation, Ltd., who were in the employ of the Company during the pay-roll period immediately preceding the date of this Direction, including those employees who did not work during such pay-roll period be- cause they were ill or on vacation and employees who were then or had since been temporarily laid off, but excluding outside truck driv- ers, "casual" employees, temporary employees in the plaster mill, supervisory employees, working foremen, office employees, and em- ployees who had since quit or been discharged for cause to determine whether they desired to be represented for the purposes of collective bargaining by the International Longshoremen's and Warehouse- men's Union, Local 1-26, affiliated with the Congress of Industrial Organizations, or by the Los Angeles Building Trades Council on behalf of the American Federation of Labor, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted on January 24, 1940, under the direction and super- vision of the Regional Director for the Twenty-first Region (Los Angeles, California). On January 25, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report containing a tally of the ballots. In his report the Regional Director certified that the ballot was fairly and impartially conducted, that the ballots cast were duly and fairly 118 N . L. R. B. 730. 20 N. L. R. B., No. 98. 1026 BLUE,, DIAMOND C'ORPORA'TION, LTD . 1027 counted under his supervision, and that there had been filed with him by the tellers statements to such effect. As to the balloting and its results, the Regional Director reported the.following : Total number eligible to vote -------------------------_--_-- 111 Total number of ballots cast--------- ------------------------ 109 Total number of valid votes cast----------------------------- 109 Total number of votes for International Longshoremen's and Warehousemen 's Union, Local 1-26, C. I . C----------------- 22 Total number of votes for Los Angeles Building Trades Coun- cil, A. F. of L-------------------------------------------- 31 Total number of votes for neither-------------- ------------- . 56 Total number of challenged ballots------ --------------------- 0 Total number of blank ballots------------------------------- 0 Total number of void ballots--------------------------------- 0 No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. The results of the election show that no collective bargaining representative has been selected by a majority of the employees in the appropriate unit. The petition of International Longshore- men's and Warehousemen's Union, Local 1-26, affiliated with the Con- gress of Industrial Organizations, for investigation and certification of representatives of employees of Blue Diamond Corporation, Ltd., Los Angeles, California, will, therefore, be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as .amended, ' IT IS HEREBY, ORDERED that the petition for investigation and certifi- cation of representatives of employees of Blue Diamond Corporation, Ltd.,.Los Angeles, California, filed by International Longshoremen's .and Warehousemen's Union, Local 1-26, affiliated with the Congress of Industrial Organizations, be, and it hereby is, dismissed.