California Cotton Oil Corp.

National Labor Relations Board - Board DecisionsOct 29, 1940

27 N.L.R.B. 1136 (N.L.R.B. 1940)

In the Matter Of CALIFORNIA COTTON OIL CORPORATION and INTERNA- TIONAL LONGSHOREMEN'S & WAREHOUSEMEN'S UNION, LOCAL No. 60, CIO Case No. R-1952 SUPPLEMENTAL DECISION AND DIRECTION October 09, 1940 On August 16, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on September 11, 1940, under the direction and supervision of the Regional Director for the Twenty- first Region (Los Angeles, California). On September 12, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor'Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. As to the balloting and its results, the Regional Director reported as follows : Total number of eligible____________________________________91 Total number of ballots cast__________________________________ 86 Total number of challenged ballots ____________________________ 42 Total - number of blank ballots________________________________ 0 Total number of void ballots_________________________________ 0 Total number of ballots not counted ___________________________ 42 Total number of ballots counted ______________________________ 44 Total votes for International Longshoremen 's & Warehousemen's Union, Local No. 60, CIO__________________________________ 29 Total number of votes against International Longshoremen's & Warehousemen 's Union, Local No. 60, CIO ------------- -___ 15 The Regional Director recommended in his Report that the challenges to the ballots of the employees in Appendix A and to the ballot of William Green be overruled and that the challenges to the ballots of Lee Williams, Sylvester Daniels, William Mayes, George Webster, Howard Scobey, Leslie Jackson, John Sorrels, Willoughby Woodiwiss, and William Furby be sustained. On September 17, 1940, California Cotton Oil Corporation, herein called the Company, filed Objections to Election Report. It contended 1 26 N L R B 715 27 N. L. R. B., No. 184. 1136 CALIFORNIA COTTON OIL CORPORATION 1137. that the 32 employees listed in Appendix A below were not employed by the Company at the time of the election and, therefore, should not have been allowed to vote. It protested the ballots of Lee Williams, Sylvester Daniels, William Mayes, and George Webster for the reason that they were not employed by the Company at the time of the election and were not on the pay roll designated by the Board to determine eligibility, and objected to the recommendations and the rulings of the Regional Director that the challenges to the ballots of Howard Scobey, Leslie Jackson, John Sorrels, Willoughby Woodiwiss, and William Furby be sustained. On September 19, 1940, the Regional Director issued a Report' on Objections, copies of which, were duly served upon the parties. In respect to the employees listed in Appendix A, the Regional Director found that the objections to his rulings on their ballots raised no mate- rial issue inasmuch as these employees appeared on the Company's pay roll designated by the Board to determine eligibility. We hereby sustain the ruling of the Regional Director as to the employees listed in Appendix A. The Regional Director further recommended that the 'ballots of Howard Scobey, saw filer, Leslie Jackson, yardman, John Sorrels and Willoughby Woodiwiss, watchmen, and William Furby, chauffeur, be not counted for the reason that they did not come within the appropriate unit set out by the Board in its Direction of Election, namely, "all employees of the Company engaged in handling and processing of feed, meal, and oil whose names appear on the Company's pay roll of May 13, 1940, excluding clerical employees and employees having the power to hire or discharge." We overrule the Regional Director's findings and recommendations contained in the Report on Objections in regard to the ballots of Howard Scobey, Leslie Jackson, John Sorrels, Willoughby Woodiwiss, and William Furby. It appears that a saw filer other than Scobey, four yardmen other than Jackson, and truck drivers other than Furby were allowed to vote in the election unchallenged by either party., It further appears that firemen, electricians, repairmen, millwrights, saw changers, and janitors were also permitted to vote unchallenged in the election 2 Under these circumstances, we will direct that the bal- lots of Howard Scobey, Leslie Jackson, John Sorrels, Willoughby Woodiwiss, and William Furby be counted. No objections were filed to the Regional Director's ruling that the challenge to the ballot of William Green be overruled and the challenges to the ballots of Lee Williams, Sylvester Daniels, William Mayes, and George Webster be sustained. 'This information was furnished to the Board by the Regional Director pursuant to a request of the Board. The Regional Director ' s information was based on agreed data sub- mitted to him by ,the Company and the Union. 323428-42-vol 27-73 1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We hereby approve the Regional Director's recommendations as to these employees. We also find and conclude, for the reasons indicated above, that 38 of the voters challenged at the election were eligible to vote. Accordingly, we hereby overrule the objections of the Com- pany to the, Regional Director's ruling on the ballots of the employees in Appendix A and sustain the exceptions of the Company to the rul- ings of the Regional Director on the ballots of Howard Scobey, Leslie Jackson, John Sorrels, Willoughby Woodiwiss, and William Furby. Since the results of the election may be affected by the counting of the 38 challenged ballots declared valid, we shall direct that they be counted. DIRECTION By. virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat . 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended , it is hereby DIRECTED that, as part of the investigation directed by the Board to ascertain representatives for the purposes of collective bargaining with California Cotton Oil Corporation , Vernon, California , the Re- gional Director for the Twenty -first Region (Los Angeles, California) shall, pursuant to the Rules and Regulations of the Board , set forth above, and subject to Article III, Section 9, of said Rules and Regula- tions, within ten (10 ) days from the date of this Direction open and count the ballots 'of the employees listed in Appendix A and the bal- lots of Howard Scobey, Leslie Jackson, John Sorrels , Willoughby Woodiwiss , William Furby, and William Green, and shall thereafter prepare and cause to be served upon the parties in this case a Supple- mental Election Report, embodying his findings therein and his recommendations as to the results of the secret ballot. APPENDIX A K. E. Potts Willie Palmer Benjamin Jones Lewis Jones Henry Mayo Bert Austin Stanley E. Lopez Robert Scott Eddie Jackson Wm. Cardwell Dave Wright Willie Neal Richard Smith John B. Stephenson Luther Saunders William' Saffolb Ike Reid' Arthur L. Jones Gus McCoy Charlie Kendrick CALIFORNIA COTTON OIL CORPORATION 1139 James C. Taylor Fred Carrington John S. Sims Mack Hampton Australia Carr- Walter Stark Jack Reid Aron Jacob Roscoe B. Johnson Robert Roberson Stanley Hood Buster Harper