Lord Baltimore Filling Stations, Inc.

National Labor Relations Board - Board Decisions

Jun 20, 1941

32 N.L.R.B. 962 (N.L.R.B. 1941)

In the Matter of LORD BALTIMORE FILLING STATIONS, INC. and GAS
STATIONS AND PARKING ATTENDANTS L. U. 997
Case No. R-2487
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
June 20, 1941
On May 8, 1941, the National Labor Relations Board, herein called
the Board , issued a Decision and Direction of Election in the
above-entitled proceeding,' and on May 12, 1941 , issued its Amend-
ment to Direction of Election 2 directing that an election by secret
ballot be conducted among certain employees of Lord Baltimore
Filling Stations , Inc., Washington , D. C., herein called the Company,
to determine whether they desire to be represented for the pur-
poses of collective bargaining by Gas Stations and Parking Attend-
ants L. U. 997, affiliated with the American Federation of Labor,
herein called the Attendants , or by Oil Workers International
Union Local 403 , affiliated with the Congress of Industrial Organi-
zations, herein called the Oil Workers , or by neither.
Pursuant to the Direction of Election , as amended , an election by
secret ballot was conducted on May 26, 1941 , under the direction and
supervision of the Regional Director for the Fifth Region ( Balti-
more, Maryland). On May 27, 1941 , the Regional Director, pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended , prepared and duly
served upon the parties an Election Report setting forth the results
from the election . No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
31 N. L. R. B. 660..
31 N. L. R. B. 664.
32 N. L. R. B., No. 151.
962
LORD BALTIMORE FILLING SIPATI.ONS INC. 963
As to the results of the balloting, the Regional Director reported
as follows:
Total on eligibility list------------------ -------------- 223
Total ballots cast---------------------------------------- 146
Total ballots challenged---------------------------------- 1
Total blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 0
Votes cast for Oil Workers International Union Local 403,
affiliated with the Congress of Industrial Organizations_._ 17
Votes cast for Gas Stations and Parking Attendants L. U.
997, affiliated with the American Federation of Labor ----- 65
Votes for neither------------------------------------------ 63
Since the number of challenged ballots cannot affect the
results of the election, we find it unnecessary to pass upon the
challenges. On June 4, 1941, the Attendants received a plurality
of votes cast and requested that a run-off election be held by the
Board in which the names of the two unions only should appear
on the ballot. It appears that no representative has been selected
by a majority of those voting in the election but that a substantial
majority of the employees voting desires to bargain collectively
with the Company. Under these circumstances, we shall direct
that a run-off election be held among the employees in the appro-
priate unit in which the eligible employees will be given the oppor-
tunity to decide whether they desire to be represented by, the
Attendants or by the Oil Workers for the purposes of collective
bargaining.
DIRECTION OF RUN-OFF ELECTION
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, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, ag part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Lord Baltimore Filling Stations, Inc., Washington,
D. C., an election by secret ballot shall be conducted as early as
possible but not later than thirty (30) days from the date of this
Direction of Run-Off Election, under the direction and supervision
of the Regional Director for the Fifth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and Regulations , among the
employees of Lord Baltimore Filling Stations, Inc., described in
the Direction of Election issued on May 8, 1941, but excluding those
448692-42--vol. 32-62
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who have since quit or been- discharged for cause., to determine
whether they desire to be represented for the purposes of collective
bargaining by Gas Stations and Parking Attendants L. U. 997, affil-
iated with the American Federation of Labor, or by Oil Workers
International Union Local 403, affiliated with the Congress of
Industrial Organizations.
MR. WILLIAM M. LEISERSON dissenting :
For the reasons stated in my dissenting opinion in Matter of Coos
Bay Lumber Company,3 I would not direct a Run-Off Election.
3 Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local
No. 2573, 16 N. L. R. B. 476.