Pacific Gas Heating Co.

National Labor Relations Board - Board DecisionsJul 3, 1940

25 N.L.R.B. 89 (N.L.R.B. 1940)

In the Matter of L. CINQ-MARS, DOING BUSINESS UNDER THE NAME OF PACIFIC GAS HEATING COMPANY and BAY CITIES METAL TRADES COUNCIL, A. F. OF L. In the Matter of L. CINQ-MARS, DOING BUSINESS UNDER THE NAME OF PACIFIC GAS HEATING COMPANY and AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA, LODGE 1684, THROUGH THE STEEL WORKERS ORGANIZING COMMITTEE, C. I. O. Cases Nos. R-1794 and R-1795 SECOND AMENDMENT TO DIRECTION OF ELECTION July 3, 1940 On May 24, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in this pro- ceeding., On June 22, 1940, the Board issued an Amendment to Direction of Election.2 The Board-excluded one J. Canale from par- ticipation in the election to be held pursuant to the Direction of Elec- tion, as amended, for the reason that said J. Canale had been laid off and would not be reinstated, and was, therefore, not an employee within the bargaining unit found to be appropriate. On June 16, 1940, Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1684, through the Steel Workers Organizing Committee, affiliated with the Congress of Industrial Or- ganizations, herein called the Amalgamated, a party hereto, filed with the Board a petition for rehearing of this matter or, in'the alter- native, that said J. Canale be permitted to vote in the election. On June 21, 1940, the parties hereto and counsel for the Board entered into a stipulation and agreement providing that J. Canale would be reinstated to employment and should be permitted to par- ticipate in the election ordered by the Board. On the same day the Amalgamated withdrew its petition for a rehearing or alternative relief, previously filed by it. The Board hereby approves the stipu- lation and agreement referred to above. 123 N L. R. B. 1167 2 24 N L R B 918 25 N. L R B, No. 16 89 90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accordingly the Board hereby further amends its Direction of Election, as amended, by striking from the list of persons to be excluded from participation in the election therein directed the name "J. Canale." MR. WILLIAM M. LEISERSON took no part in the consideration of the above Second Amendment to Direction of Election. ISAIVIE TITLE] CERTIFICATION OF REPRESENTATIVES July 29, 1940 On May 24, 1940, the National Labor Relations Board, herein called -the Board, issued its Decision and Direction of Election in the above- entitled proceeding., On June 22, 1940, and on July 3, 1940, respec- tively, the Board issued an Amendment 2 and Second Amendment' to Direction of Election. Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on July 3, 1940, under the direction and supervision of the Regional Director for the Twentieth Region (San Francisco, California). On July 6, 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. No objections to the conduct of the ballot or the Election have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote ------------ ---------------------- 11 Number of votes for Bay Cities Metal Trades Council, A. F of L - 7 Number of votes for Amalgamated Association of Iron, Steel and Tin Workers of America, Local 1684, Steel Workers Organizing Committee, C. I. 0.----------------------------------------- 4 Number of votes for neither----------------------------------- 0 Total number of ballots counted------------------------------- 11 Number of blank, void or challenged ballots-------------------- 0 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, 49 Stat. 449, and pursuant to Article III, Section 8, 1 23N L R B. 1167 224N L. R. B 918 25 N. L. R B., No 16 L. C[NQ-MARS 91 of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS IIEREL'Y CERTIFIED that Bay Cities Metal Trades Council, Ameri- can Federation of Labor, has been designated and selected by a ma- jority of all employees of L. Cinq-Mars, doing' business under the name of Pacific Gas Heating Company, San Francisco, California, excluding W. Neller and Charles Lawler, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, Bay Cities Metal Trades Council, American Federation of Labor, 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. MR. WILLIAM M: LEISERSUN took no part In the consideration of the above Certification of Representatives. 25 N. L R . B, No. 16a.