Union Oil Co. of California

National Labor Relations Board - Board DecisionsFeb 19, 1942

39 N.L.R.B. 24 (N.L.R.B. 1942)

In the Matter Of UNION OIL COMPANY OF CALIFORNIA and NATIONAL MARITIME UNION OF AMERICA, AFFILIATED WITH, THE C. I. 0. ,Case No. R-3168 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 19, 1942 On December 2, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceeding. Pursuant to the Direction of Elec- tions, elections by secret ballot were conducted on the Company's tankers 2 on dates subsequent to December 10, 1941, under the direction and supervision of the Regional Director for the Twentieth Region (San Francisco, California). On February 3, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended , issued an Election Report, copies of which were duly served on the parties. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. - As to the balloting and its results, the Regional Director reported as follows : ' (1) Unlicensed Personnel of Engine & Stewards Departments Total number eligible to vote _________________________________ 159 Number of votes for National Maritime Union_________________ 65 Number of votes against National Maritime Union____________ 10 TOTAL NUMBER OF VOTES COUNTED____________________________ 75 Number of blank ballots ____________________________________ 0 Number of void ballots______________________________________ 9 Number of challenged ballots________________________________ - 13 137 N. L. R. B. 227. 'The S S. Montebello having been torpedoed , its crew was permitted to cast their ballots in the Wilmington , California, office of the Company, and in the Board's office at San Fran- cisco, California. 3 The Regional Director's Election Report states that the ballot of one member of the en- gine crew was returned subsequent to the tabulation of the ballots . The Election Report further states that the interested parties were advised of this ballot and all parties agreed, rather than have a supplemental tabulation, that said ballot be treated as a challenged ballot and not be accounted for in Tabulation (1). 39 N. L. R. B., No. 5. 24 UNION OIL COMPANY OF CALIFORNIA 25 (2) Unlicensed Personnel of Deck Department Total number eligible to vote-------------------------------- 113 Number of votes for National Maritime Union----------------- 36â€¢ Number of votes for Sailors Union of the Pacific--------------- 13 Number of votes for neither--------------------------------- 10 TOTAL NUMBER or VOTES COURTED--------------------------- 59 Number, of blank'ballots-------- ----------------------------- Number of void ballots----------------------------- 0 Number of challenged ballots----------- ------------------- -11 Since the challenged ballots, including the ballots returned subsequent to the tabulation and treated by agreement of the parties as challenged ballots, cannot affect the result of the election, we find it unnecessary to pass upon them. ' â€¢ In the Decision and Direction of Elections of 'December 2, 1941, referred to above, the Board made no final determination as to the appropriate unit or units, but stated that such determination would depend upon the results of the elections ordered. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDING OF FACT We find that all members of the unlicensed personnel of the deck, engine, and stewards' departments on the off-shore tankers of Union Oil Company of California, Los Angeles, California, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and will other- wise effectuate the policies of the Act. Upon the basis of the above finding of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSION OF LAW All members of the unlicensed personnel of the deck, engine, and stewards' departments on the off-shore tankers of Union Oil Company of California, Los Angeles, California, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the' power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, * The Election Report states that four ballots of members of the deck crew were returned subsequent to the tabulation of the ballots of this group ; that the interested parties were advised of these ballots and agreed, as above (see footnote 3), that these four ballots be treated as challenged ballots and not be included in Tabulation (2). 26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that National Maritime Union of America, affiliated with the C. I. 0., has been designated by a majority of all members of the unlicensed personnel of the deck, engine, and stew- ards' departments on the off-shore tankers of Union Oil Company of California, Los Angeles, California, as their representative for the purposes of collective bargaining, and that, pursuant to the pro- visions of Section' 9 (a) of the National Labor Relations Act, Na- tional Maritime Union of America, affiliated with the C. I. 0., 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. CHAIRMAN MILLIS took no part in the consideration of the above Supplemental Decision and Certification of Representatives.