Tokheim Oil Tank & Pump Co.

National Labor Relations Board - Board Decisions

Aug 10, 1940

26 N.L.R.B. 473 (N.L.R.B. 1940)

In the Matter of TOKHEIM OIL TANK & PUMP Co. and UNITED
ELECTRICAL RADIO & MACHINE WORKERS, OF AMERICA, LOCAL
903-TOKHEIM UNIT, AFFILIATED WITH THE CIO
Case No. R-1811
SUPPLEMENTAL DECISION
AND
DIRECTION
August 10, 1940
On May 15, 1940, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceeding.' ' Pursuant to the Direction of Election, an elec-
tion by secret ballot was conducted on June 14, 1940, under the direc-
tion and supervision of the Regional Director for the Eleventh Region
(Indianapolis, Indiana). On July 3, 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.
As to the balloting and its results, the Regional Director reported as
follows.
Total number of employees alleged eligible to vote----------- 351
Total number voted_____________________________________ 339
Total number of valid votes cast__________________________ 325
Total number of votes for the United Electrical Radio &
Machine Workers of America, Local 903-Tokheim unit,
affiliated with the CIO_________________________________ 152
Total number of votes for the Tokheim Employees'Association,
Inc. ------------------------------------------------- 163
Total number of votes for neither organization -------------- 10
Total number of blank ballots --------- ------ -------------- 1
Total number of void ballots______________________________ 0
Total number of challenged ballots------------------------ 13
The Regional Director recommended in his Report that the chal-
lenges to seven of the ballots, including the ballot of William C. Aker,
be overruled, and that the challenges to six of the ballots be sustained.
1 23 N. L R B. 798
26 N. L. R. B., No. 43.
473
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 15, 1940, the United Electrical Radio & Machine Workers of
America, Local 903-Tokheim Unit, herein called the United, filed ob-
jections to the conduct of the ballot and to the Election Report. It
contended that during the balloting a Board agent left the voting place
without leaving any other agent of the Board present. It protested
the counting of a ballot which was discovered wedged in the ballot
box 2 days after the election, and objected to the recommendation
and the ruling of the Regional Director that the challenge to the
ballot of William C. Aker be overruled.
On July 24, 1940, the Regional Director issued a Report on Objec-
tions to the Conduct of Secret Ballot and Election Report, copies of
which were duly served upon the parties. In respect to the allegation
that a Board agent left the poll during the election, the Regional
Director reported that a Board agent did so to investigate a routine
complaint but that he took all of the unmarked ballots with him.
The Regional Director further recommended that the ballot discovered
2 days after the election not be counted on the ground that the ballot-
ing should have been declared closed the day of the election. In
respect to the objection to the ruling on the challenged ballot of
William C. Aker, the Regional Director's recommendation and ruling
remain as set forth in the Election Report. On July 30 and 31•, 1940,
respectively, Tokheim Oil Tank & Pump Co., herein called the Com-
pany, and Tokheim Employees' Association, Inc., herein called the
Association, filed exceptions to the Regional Director's ruling on the
ballot discovered after the close of the poll.
We overrule the Regional Director's findings and recommendations
contained in the Report on Objections in regard to the ballot dis-
covered 2 days after the election. On June 19, 1940, shortly after the
discovery of the ballot wedged in the ballot box, all the parties signed a
stipulation to the effect that the ballot was valid and that the certifi-
cation should be amended to provide for the addition of the said
ballot. We approve the Regional Director's findings and recom-
mendations to the objection that a Board agent left the poll during
the election for the reasons indicated by the Regional Director. We
also find and conclude, for the reasons indicated by the Regional
Director, that seven of the voters challenged at the election were
eligible to vote.
Accordingly, we hereby overrule the Objections, and each of them,
made by the United to the conduct of the ballot and to the Election
Report. We hereby sustain the exceptions of the Company and the
Association to the ruling of the Regional Director on Objections to the
Conduct of Secret Ballot and Election Report. Since the results of the
election may be affected by the counting of the seven challenged ballots
declared valid, we shall direct that they be counted.
TOKHEIM OIL TANK & PUMP CO. 475
DIRECTION
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, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is' hereby
DIRECTED that, as part of the investigation directed by the Board to
ascertain representatives for the purposes of collective bargaining with
Tokheim Oil Tank & Pump Co., Fort Wayne, Indiana, the Regional
Director for the Eleventh Region (Indianapolis, Indiana) shall, pur-
suant to the Rules and Regulations of the Board set forth above, and
subject to Article III, Section 9, of said Rules and Regulations, within
ten (10) days from the date of this Direction, open and count the
ballots of Edward Tierney, Roy Simmons, John Bechtol, Paul Ladd,
Erick Miller, Mack Rayle, and William Aker, and shall thereafter
prepare ' and cause to be served upon the parties in this case a Sup-
plemental Election Report embodying his findings therein and his
recommendations as to the results of the secret ballot.
MR. EDWIN S. SMITH took no part in the consideration of the above
Supplemental Decision and Direction.