Inter-Ocean Steamship Co.

National Labor Relations Board - Board Decisions

Jul 17, 1946

69 N.L.R.B. 561 (N.L.R.B. 1946)

In the Matter of INTER-OCEAN STEAMSHIP COMPANY and GREAT LAKES
ENGINEERS BROTHERHOOD, INC.
Case No. 8-R-1955
SUPPLEMENTAL DECISION
AND
ORDER
July 17, 1916
On June 17, 1946, pursuant to the Decision and Direction of Election
issued herein by the Board on January 29, 1946,1 as amended on March
611942 2 an election by secret ballot was conducted under the direction
and supervision of the Regional Director for the Eighth Region
(Cleveland, Ohio), among the employees in the unit found appro-
priate in the Decision. At the ccnclusion of the balloting a Tally of
Ballots was furnished by the Regional Director to the Company and
to the representatives of the participating unions, which Tally shows
the results of the election to be as follows :
Approximate number of eligible voters --------------------------- 4
Votes cast for Great Lakes Engineers Brotherhood, Inc--------- 2
Votes cast for Marine Engineers Beneficial Association No. 2
(CIO) ----------------------------------------------------- 2
Votes cast against participating labor organizations------------- 0
No objections to the election were filed. By letter dated June 20,
1946, the Great Lakes Engineers Brotherhood, Inc. requested that a
run-off election be conducted. Inasmuch as Article III, Section 11,
of the Board's Rules and Regulations, Series 3, as amended, does not
specifically authorize the Regional Director to conduct a run-off elec-
tion in this situation ,3 the Regional Director referred the request to the
Board.
165 N. L. R. B. 605. This case was heretofore consolidated with Matter of Bethlehem
Transportation Corporation , et at, Cases Nos. 8-R-1910 through 8-R-1913; 8-R-1915
through 8-R-1925; 8-R-1942; 8-R-1944; 8-R-1945; 8-R-1954; 8-R-1958; and
8-R-1959. The present case , No. 8-R-1955, was severed from the others by Order dated
July 11, 1946.
2 66 N. L. R. B. 345.
3 Although Article III, Section 11, Subsection (a) of the Rules provides that the Regional
Director shall "conduct a run-off election, * * * when the results in the election are
inconclusive because no choice on the ballot in the election received a majority of the
valid ballots cast * * *", when a timely request for a run -off election is made, Sub-
section (c) of the same Article and Section provides that "the ballot in the run-off election
shall provide for a selection between the two choices that received the largest and the
second largest number of valid votes cast in the election , * * *" [Italics added.]
69 N. L. R. B., No. 70.
701592-47-vol. 69-37 561
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We have decided to dismiss the petition herein because no choice on
the ballot received a majority of the valid votes cast and the Tally
affords no basis for expecting that a run-off election would produce
results at variance with the original tie vote. The request for a run-
off election is, therefore, denied.
ORDER
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, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT is aEPxBY oRDERED that the Petition for Investigation and Certifi-
cation of Representatives of Employees of Inter-Ocean Steamship
Company, Cleveland, Ohio, filed herein by Great Lakes Engineers
Brotherhood, Inc., be, and it hereby is, dismissed.