Owens-Parks Lumber Co.

National Labor Relations Board - Board Decisions

Nov 20, 1953

107 N.L.R.B. 131 (N.L.R.B. 1953)

OWENS-PARKS LUMBER CO. 131
OWENS-PARKS LUMBER CO. (S. S. LUMBER LADY)and
MARINE COOKS AND STEWARDS, SEAFARERS INTER-
NATIONAL UNION, AFL, Petitioner and NATIONAL UNION
Or MARINE COOKS AND STEWARDS, INDEPENDENT.
Case No. 21-RC-3114. November 20, 1953
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued by
the Board on August 31, 1953,1 an election by secret ballot
was held on September 14, 1953, under the supervision of the
Regional Director for the Twenty-first Region, among the
employees on the Employer's sea schooner, S. S. Lumber
Lady, in the unit found appropriate in the Decision. After the
election, the parties received a tally of ballots, which showed
that, of approximately 3 eligible voters, 4 valid ballots were
cast, of which 2 were for the Petitioner and none for the
Intervenor. There were 2 challenged ballots, but no void
ballots. All the parties signed the certification of conduct of
election and the tally of ballots.
Because on September 21, 1953, the Intervenor filed timely
objections to the conduct of and to conduct affecting the results
of the election and the challenged ballots were sufficient in
number to affect the results of the election, the Regional Di-
rector, in accordance with the Board's Rules and Regulations,
conducted an investigation and thereafter, on October 8, 1953,
issued and duly served upon the parties his report on challenged
ballots and objections to conduct affecting the results of the
election. In this report the Regional Director recommended
that: (1) The challenges to the ballots of Bennie L. Thompson
and Alvia York be sustained; (2) the objection concerning the
Employer's observer Harry E. Dotson be sustained; and (3)-the
remainder of the objections be overruled. On October 16,
1953, the Petitioner filed a timely exception to the Regional
Director's report concerning the finding about Dotson. The
Intervenor filed no exceptions. As there were no exceptions
to the recommendations on the challenges, we will sustain the
challenges.
The objection with regard to Dotson was based on the claim
that he was a supervisor and as such ineligible to act as an
election observer. The Regional Director reported, on the
basis of his investigation, that Dotson was a supervisor, in
charge of the accounting department at the Employer's offices
in Los Angeles, and that he was therefore ineligible to act
as observer.
In its exceptions, the Petitioner set forth alleged facts to
support its assertion that Dotson was not a supervisor and
further contended that the designation of Dotson as an observer
'Not reported in printed volumes of Board decisions.
107 NLRB No. 44.
13 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
could not have interfered with, or have influenced, the results
of the election.
Assuming, without deciding, that Dotson was a supervisor,
we believe that the designation of Dotson as an observer, in
the circumstances of this case, was noprejudicialto the Inter-
venor. The policy underlying the Board's rule against the use
of supervisors as election observers is that their presence at
the polls may unduly influence employees to cast a no-union
vote. However, none of the two valid votes in the instant case
were cast for no union. Nor is there any basis for inferring
that, in acting as an observer, Dotson influenced the employees
to vote for one union in preference to another.
In view of the foregoing, we find that the objections filed by
the Intervenor do not raise substantial or material issues.
Accordingly, as the Petitioner has received a majority of the
valid votes cast, we shall certify it as the bargaining repre-
sentative of the employees in the unit heretofore found appro-
priate.
IThe Board certified the Marine Cooks and Stewards, Sea-
farers International Union, AFL, as the designated collective-
bargaining representative of all stewards department employees
on the Employer's sea schooner, S. S. Lumber Lady, excluding
guards and the cook-steward and other supervisors as defined
in the Act.]
Member' Murdock took no part in the consideration of the
above Supplemental Decision and Certification of Representa-
tive s.
HELMS MOTOR EXPRESS, INC.1 and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, AFL, LOCAL
391, Petitioner. Cases Nos. 11-RC-551, 11-RC-552, 11-
RC-553, 11-RC-554, 11-RC-555, and 11-RC-556. November
20, 1953
DECISION AND DIRECTION OF ELECTION
Upon petitions duly filed under Section 9 (c) of the National
Labor Relations Act, a consolidated hearing was held before
Louis Perloff, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer, a North Carolina corporation, is a
certified motor vehicle common carrier of general com-
'The name of the Employer appears as amended at the hearing.
107 NLRB No. 32.