J. G. Boswell Co.

National Labor Relations Board - Board Decisions

May 10, 1943

49 N.L.R.B. 664 (N.L.R.B. 1943)

In the Matter of - J. G. BOSWELL COMPANY and COTTONSEED AND
VEGETABLE OIL WORKERS LOCAL UNION #23317, A. F, L.
Case No. R-4845
SUPPLEMENTAL DECISION
AND
ORDER,
May 10,193
On February 22, 1943, 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 election by secret ballot was conducted on March 22, 1943, under
the direction and supervision of the Regional Director for the Twen-
tieth Region (San Francisco, California). On'April 9, 1943, the Re-
gional Director, acting pursuant to Article III, Section 10, of National
Labor Relations Board'Rules and Regulations-Series 2, as amended,
issued an' Election Report, copies of which were duly served upon the
parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list______________________________________ 90
Total ballots cast------------------------------------------- 83
Total ballots challenged------------------------------------- 2
Total void ballots------------------------------------------- 0
Total valid votes counted------------------------------------ 81
Votes cast for Cottonseed and Vegetable Oil Workers Local Union
#23317 , A. F. L------------------------------------------- 40
Votes cast against Cottonseed and Vegetable ,Oil Workers Local
Union #23317, A. F. L------------------------------------- 41
Since the results of the election necessitated a determination of the
validity of the two challenged votes,' the Regional Director included
in his Election Report certain facts concerning,the eligibility to vote
of Roy Thigpin and Bert Tolbert, the employees whose votes were
challenged. Basing his recommendation on statements submitted by
Thigpin and Tolbert, the' Regional Director recommended that the
147 N. L. R. B., No. 111.
49 N. L. R. B., No. 95.
I
664
J. G. BOSWELL COMPANY 665
challenges made by J. G. Boswell Company, herein called the Company,
be overruled , and that the challenged ballots be opened and counted.
Thereafter the Company filed Objections to the conduct of the ballot
and to the Election Report, alleging that the ballot was not fairly
conducted , that some eligible voters were denied the right of casting a
ballot, that Thigpin and Tolbert were ineligible to vote, and that the
Regional Director erroneously recommended overruling the challenges
of the Company to the ballots of these two employees . In, support of
its objections the Company submitted affidavits of the plant superin-
tendent and other employees , together with photostatic copies of Thig-
pin's and Tolbert 's employment records.
On April 23, 1943, the Acting Regional Director issued and duly"
served on the parties his Report on Objections to the conduct of the
ballot and to the Election Report, in which he found all the objections
to be without merit except those relating to the challenged ballots of
Thigpin and Tolbert . As to them he recommended that a further
hearing be conducted . We find that a further hearing is unnecessary
in view of the evidence already presented. In the Decision and Direc-'
tion of Election , previously referred to, the Board excluded from the
appropriate unit, among others, feed pen repairmen . On two pay-roll
lists submitted by the Company. one prior to the hearing, and the
other prior to the election , Thigpin vas classified as "Feed pen (repair-
man)" and Tolbert as "Feed pen laborer ." Moreover , the photostatic
•copies of the employment records of these employees submitted by
the Company in support of its objections , clearly indicate that prac-
tically all of their duties during recent months have been in connection
with repair work and the . feeding of cattle at the feed pens or in
repair work away from the plant altogether . While Thigpin and Tol-
bert in their affidavits dispute these records in general terms, we are
not persuaded that a sufficient showing has been made that the records
are incorrect and consequently that these employees were eligible to
vote. Accordingly , we hereby sustain the Company's challenges and
find that neither ballot should be counted.
The Board has considered the remaining objections and the Acting
Regional Director 's Report thereon and finds that they do not raise
any material or substantial issues. They are accordingly overruled.
The results of the election show that no collective bargaining repre-
sentative has been selected by the majority of the employees. The
petition for investigation and certification of representatives of em-
ployees of the Company will therefore be dismissed.
ORDER
By virtue of and pursuant to Section 9 (c) of the National Labor
Rolatiorns Act, and pursuant to Article III, Sections 9 and 10„of -
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of employees of J. G. Boswell Company, Los Angeles, Califor-
nia, filed by Cottonseed and Vegetable Oil Workers Local Union
-#23317, A. F. L., be, and it hereby is, dismissed.
MR. GERARD D. REILLY took no part in the Supplemental Decision
and Order. -
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