Tidewater Associated Oil

National Labor Relations Board - Board Decisions

Nov 12, 1938

9 N.L.R.B. 821 (N.L.R.B. 1938)

In the -Matter of TIDEWATER ASSOCIATED OIL and MARINE COOKS &
STEWARDS ASSOCIATION OF THE PACIFIC COAST
Case No. R-505
SUPPLEMENTAL DECISION
AND
ORDER -
November 12, 1938
On March 15, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election,1 in
the above-entitled case and 14 related cases. In so far as it applied
to the above-entitled case, the Direction of Election provided that
an election by secret ballot be held as soon as convenient, and be-
ginning as promptly as practicable after the date of the Direction,
among the unlicensed personnel of the stewards' departments on
tankers operated out of Pacific Coast ports by Tidewater Associated
Oil Company,' herein called the Company, to determine whether they
desired to be represented by the Marine Cooks' & Stewards' Associa-
tion of the Pacific Coast or by the Associated Seamen's Association,
for the purposes of collective bargaining, or by neither.
On August 6, 1938, the Board issued a Supplemental Decision
and Second Direction of Election," based upon the results -of the
election previously directed, in which a run-off election was directed
in view of the fact that neither labor organization had received a
majority, although an overwhelming majority of the voters had in-
dicated a desire to bargain collectively with the Company through
one or the other of the rival unions. Following its usual custom, the
Board directed the run-off to give the voters an opportunity to vote
for or against the Marine Cooks' and Stewards' Association of the
Pacific Coast, the union which had received the greater number of
votes on the first ballot and requested a run-off election.
Pursuant to the Second Direction, an election by secret ballot was
conducted upon each of the Company's Pacific Coast tankers. On
15 N L.R B 982
2 Designated in the title of the case as Tidewater Associated Oil.
18 N. L R. B 820.
9 N. L. R. B., No. 74.
821
822 NATIONAL LABOR RELATIONS BOARD
October 7, 1938, Alice M. Rosseter, Regional Director for the Twen-
tieth Region (San Francisco, California), acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series- 1, as amended, issued a Second Intermediate Report
Upon Ballot, copies of which were duly served upon all parties to
the proceedings. No exceptions to the Second Intermediate Report
have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Number of votes for Marine Cooks' and Stewards' Association of
the Pacific Coast__________________________________________ 1 2
Number of votes against Marine Cooks' and Stewards ' Associa-
tion of the Pacific Coast__________________________________ 22
Total number of ballots counted_ _____________________________ 34
Number of blank, void or challenged ballots__________________ 0
Number eligible to vote ______________________________________ 35
We find that no collective bargaining representative has been des-
ignated by a majority of the unlicensed personnel of the stewards'
departments on tankers operated out of Pacific Coast ports by Tide-
water Associated Oil Company. The petition for investigation and
certification of representatives of such employees of the Company,
filed by the Marine Cooks' and Stewards' Association of the Pacific
Coast, will therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations- Series 1, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and certi-
fication of representatives of the unlicensed personnel of the stew-
ards' departments on tankers operated out of Pacific Coast ports
by Tidewater Associated Oil Company, filed by Marine Cooks' and
Stewards' Association of the Pacific Coast, be,- and it hereby is,
dismissed. - - -