Great Lakes Pipe Line Co.

National Labor Relations Board - Board Decisions

Jul 14, 1944

57 N.L.R.B. 369 (N.L.R.B. 1944)

In the Matter of G IIEAT,LAKES PIPE LINE COMPANY and OIL-WORKERS
INTERNATIONAL UNION, AFFILIATED WITH THE C.J. O. ,
Case 1Vo. 1,7-8-850
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESE\TTATIVES,
July 1 li, 1944
Pursuant to the Decision and, Direction of Election issued'by the
Board in the above-entitled proceedings on May 3, 1944,1 an election
aby secret ballot was conducted under the direction and supervision of
the Regional Director for the Seventeenth Region (Kansas City, Mis-
souri ). Upon the conclusion of-the counting of the ballots, a Tally
of Ballots was furnished the parties in accordance with'the Rules and
Regulations of the Board. As to the balloting' and its results, the
Tally of Ballots shows as follows:
Approximate cumber of eligible voteis______________________ . in
Valid votes couuted-------------------------------------- 57
Votes cast for 61 Woikers luternat Tonal Union, affiliated with.'
the Congress of Industrial Organizations----------------- 29
Votes cast against participating union-------------------- 23
Challenged ballots---------------------------------------- 0
Void ballots---------------------------------
On June 10, 1944, Great Lakes Pipe Line Company, herein called
the Company, filed Objections to the Tally of Ballots, alleging 'hat
(1) the Regional Director erroneously ruled that the ballot cast'by a
duly qualified voter was >,oid; (2) even though said ballot was not-
considered as validly cast, it should be considered as having been cast
by an eligible employee who participated in the election, and thus Oil
workers International Union, affiliated with the Congress of Indus-
trial Organizations, herein called the Union, did not receive iti majority
vote; (3) a majority of the employees in the unit found appropriate
by the Board have not selected the Union since 14 employees in the
United States armed forces, who did not vote, are to be counted in
determining the majority; and (4) the election should be set aside on
the ground that the unit is inappropriate.
On June 22, 1944, theRegional Director issued and duly served upon
the parties his Report on Objections in which he recommended that
156 N L . It. B. 227..
57 N. L. R. B, No.69.
369
601248-45-vol. 57-25
376 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD
the Objections be overruled. On 'June 29, 1944, the Company filed
Exceptions to the Regional Director's Report and a request for oral
argument. The request for oral argument is denied:
We find that the Regional Director properly invalidated the ballot
in question, inasmuch - as the voter did not use an official ballot. It,is -
the settled policy of the Board that only ballots validly cast are to be'
considered in determining the question of majority; consequently, we
find the Company's second objection to be without nlerit.2 Likewise,
since, for reasons stated in our Decision and Direction of Election, we
did not provide for mail balloting of the Company's employees in the
armed forces of the United States, we also find the Company's con-
tention that such employees 'should be considered in determining'the
majority to. be without merit.. In answer to the Company's final '
objection, the appropriate unit was determined in the Decision, and, .
Direction of Election after 'due consideration. Therefore, in accord-
ance with the Regional Director's reconnnendations, we hereby over-
rule the' Objections filed herein by the Company and find' that the
Union has been designated and selected by a majority of the em-
ployees within the appropriate unit as their exclusive bargaining
'representative.
CERTIFICATION O l;' RE PR ESENI' A'I'IV ES
By virtue of and pursuant to the power vested in the National Labor
'Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Sections 9 and 10, 9?f National Labor
Relations Board Rules and Regulationv-Series 3,
IT IS 1IEREi'Y CERTIFIED that Orl Workers Inter national Union, affili-
ated with the Congress of Industrial Omganizations, has been desig-
nated and selected I by a majority of all operating and maintenance
employees of Great Lakes Pipe Lines Company , Kansas City, Dlis''
semi, engaged in its snpeiintendent district No .- 2, incindUng those
engaged in classifications listed on Appendix A in the' Decision and
Direction of Election ,` but excluding telephone linemen, terminal
testers, ' junior terminal testers , tester helpers, employees listed on
Appendix B in the Decision and Direction of Election , and all other
supervisory employees with authority to hire , promote, discharge,
discipline, or otherwise effect changes in' the status of employees, or
effectively recommend such action , as their representative, for the
purposes of collective bargaining , and that , pursuant to Section 9 (a)
of the Act, the said organization is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment , and other conditions of
employment
2 see Matter of The Sorg Paper Company, 9 N. L. R. B. 136.