Oil Transport Inc.

National Labor Relations Board - Board Decisions

Oct 28, 1953

106 N.L.R.B. 1321 (N.L.R.B. 1953)

OIL TRANSPORT INC. 1321
OIL TRAN$PORT INC. and LOCAL 677, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, AFL, Petitioner.
Case No. 1-RC-3167. October 28, 1953
SUPPLEMENTAL DECISION AND ORDER
On August 6, 1953, the National Labor Relations Board issued
its Decision and Direction of Election herein,' asserting
jurisdiction over the operations of the Employer and finding
appropriate for collective-bargaining purposes a unit sub-
stantially in accord with the unit requested by the Petitioner.
On August 17, 1953, the Employer moved to rescind or
modify this Decision and Direction of Election on the ground
that, before its issuance and while the case was pending before
the Board, the Petitioner lost a secret election conducted by the
Connecticut State Labor Board on consent of the parties. The
Petitioner has filed no documents in opposition to this motion.
The uncontroverted facts show that on March 18, 1953, the
Petitioner filed with the Board a petition seeking certification
in a unit of drivers, helpers, mechanics, and garage mainte-
nance men employed at the Employer's Waterbury, Connecticut,
plant. On July 8, 1953, while the case was pending before the
Board, the Petitioner filed a representation petition with the
Connecticut State Labor Board because it allegedly was under
the erroneous impression that the Board had declined to assert
jurisdiction over the Employer's operations and had dismissed
its petition.' On July 9, 1953, the Petitioner and the Employer
appeared before the Connecticut Board and agreed to a secret
election to be conducted in a unit similar to that subsequently
found to be appropriate by the Board. On July 20, 1953, the
Connecticut Board conducted a secret election which the
Petitioner lost by a vote of 5 to 4. On August 6, 1953, as noted
above, the Board, without knowledge of the Connecticut Board
proceeding, issued its own decision and direction of election
herein. The Board election has been postponed pending deter-
mination of the Employer's motion to vacate.
It is not contended that the results of the Connecticut Board
election, which was conducted by a responsible State official,
were affected by any irregularities. As the Petitioner has had a
fair determination of its claim to representation, we believe
that it would serve no useful purpose to proceed with our pre-
viously directed election. For this reason, we find that there no
longer exists a question affecting commerce concerning the
representation of employees of the Employer within the meaning
'Not reported in printed volumes of Board Decisions.
2On May 13, 1953, the Board remanded the case for the purpose of receiving further
evidence on the question whether the Board should assert jurisdiction herein. Following
this hearing, the hearing officer sent a telegram to the parties advising them that the record
in the case was being closed. It was this telegram that the Petitioner assertedly misinterpreted
to mean that the Board had refused to assert jurisdiction over the Employer's operations
and dismissed the petition.
106 NLRB No. 234.
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. Ac-
cordingly, we shall grant the Employer's motion and vacate
our Decision and Direction of Election herein and dismiss the
petition.
[The Board vacated the Direction of Election of August 6,
1953, and dismissed the petition.]
NEW JERSEY BELL TELEPHONE COMPANY and ELEANOR
STEIB
C O M M U N I C'A T I O N S WORKERS OF AMERICA, CIO
and ELEANOR STEIB. Cases Nos. 2-CA-2804 and2-CB-874.
October 29, 1953
DECISION AND ORDER
On August 24, 1953, Trial Examiner Sidney L. Feiler issued,
his Intermediate Report in the above -entitled proceeding, finding
that the Respondents had not engaged in the unfair labor prac-
tices alleged in the complaint and recommending that the com-
plaint be dismissed in its entirety, as set forth in the copy of
the Intermediate Report attached hereto. Thereafter the General
Counsel and the charging Union filed exceptions to the Inter-
mediate Report and supporting briefs.
The Board has reviewed the rulings of.the Trial Examiner
made at the hearing and finds that no prejudicial error was
committed. The rulings are hereby affirmed. The Board has
considered the Intermediate Report, the exceptions and briefs,
and the entire record in the case, and finds merit in the excep-
tions filed by the General Counsel. We disagree with the Trial
Examiner's dismissal of the complaint and accordingly adopt
the Intermediate Report only to the extent consistent herewith.
The complaint alleges that the Union violated Section 8 (b) (2)
and 8 (b) (1) (A) of the Act by causing the Company to discharge
Eleanor Steib because she was not a union member, and that the
Company violated Section 8 (a) (3) and (1) by discharging her for
such reason. There is no dispute as to the pertinent facts of the
case.
For some time before March 1952, Steib had been a member
of the Union. She resigned by letter on March 26 and simul-
taneously canceled her dues checkoff authorization with the
Company. The then current contract between the Union and the
Company required her to maintain her membership until
April 5, 1952, when the agreement expired. The parties made
a new contract with a similar maintenance-of-membership
clause on April 14. The last dues that Steib paid were for the
month of March and she never thereafter took steps either to
rejoin the Union or to reassert her affirmative resignation.
106 NLRB No. 245.