Socony-Vacuum Oil Co.

National Labor Relations Board - Board DecisionsMar 11, 1944

55 N.L.R.B. 434 (N.L.R.B. 1944)

In the Matter of WADHAM's DIVISION OF SocONY-VACUUM OIL COMPANY and SERVICE STATION ATTENDANTS, BULK PLANT AND GARAGE EMPLOYEES LOCAL UNION No. 982, AFL Case No. 13-R-2137 SUPPLEMENTAL DECISION AND DIRECTION March 11, 194% On February 7, 1944, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election, in this proceeding.1 Pursuant to the Direction of Election, an election by secret ballot was conducted on February 25, 1944, by the Regional Director for the Thirteenth Region (Chicago, Illinois). Upon the conclusion of the election, the Board agent, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regula- tions-Series 3, furnished to all parties a Tally of Ballots which indi- cated the results of the election to be as follows : Approximate number of eligible voters________________________ 86 Valid votes counted 80 Voles cast for Service Station Attendants Balk Plant and Garage Employees Local Union No. 982 (AFL)'-__________________ 34 Votes cast for Petroleum Workers Union of Wisconsin, A. U A 3_ 40 Votes cast against participating unions_______________________ 6 Challenged ballots------------------------------------------ 3 Void ballots------------------------------------------------ 0 No objections to the conduct of the election were filed with the Re- gional Director within the time provided for by the Rules and Regula- tions of the Board. March 4, 1944, the Regional Director issued and served upon all parties his Report on Challenges in which he considered the challenges and recommended that the challenge be sustained against one ballot and overruled as to the other two and that the said two ballots be 1 54 N. L R B. 1164. Herein called the AFL. 3 Herein called the AUA. 55 N. L R. B., No 81. 434 WADHAM'S DIVISION OF SOCONY-VACUUM OIL COMPANY 435 opened and counted. No exceptions to the Report on Challenges were filed. Upon the entire record in the case the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT It appears from the investigation of the Regional Director that Harold Zarba who was challenged by the AUA, was discharged for cause subsequent to the issuance of the Decision and Direction of Election herein and was not rehired or reinstated prior to the date of the election. All parties have agreed that he was not eligible to vote and that his ballot should not be counted. We agree with the Regional Director and with the parties that Harold Zarba was not entitled to vote. Edna Benson was challenged by the AUA on the ground that she is a clerical employee; Alfred Wiesehoefer was challenged by the AFL on the basis that he is a supervisor. The Regional Director upon investigation found, and all parties agree, that both Benson and Wiesehoefer are production employees who were entitled to vote in the election. We so find. Since the results of the election may depend upon the counting of these two challenged ballots, we shall direct that they be opened and counted. DIRECTION O 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, Section 10, of National Labor Rela- tions Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Wadham's Divi- sion of Socony-Vacuum Oil Company, Milwaukee, Wisconsin, the Regional Director for the Thirteenth Region shall pursuant to the Rules and Regulations of the Board set forth above, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, within ten (10) days from the date of this Direction open and count the bal- lots of Edna Benson and Alfred Wiesehoefer, and thereafter prepare and serve on the parties in this proceeding a Report embodying therein his findings and his recommendations as to the results of the ballot. CHAIRMAN MILLTS took no part in the consideration of the above Supplemental Decision and Direction.