Standard Coil Products Co. Inc.

National Labor Relations Board - Board Decisions

Nov 7, 1952

101 N.L.R.B. 261 (N.L.R.B. 1952)

STANDARD COIL PRODUCTS CO., INC. 261
STANDARD COIL PRODUCTS CO. INC.' and UNITED ELECTRICAL, RADIO
AND MACHINE WORKERS OF AMERICA, PETITIONER
STANDARD COIL PRODUCTS CO. INC.' and INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCAL 1710, AFL, PETITIONER. Cases
Nos. 21-RC-2288 and 21-RC-2359. November 7,195f
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Election 2 issued by the
Board on April 25, 1952, an election by secret ballot was conducted on
May 20, 1952, under the direction and supervision of the Regional
Director for the Twenty-first Region, among employees of the Em-
ployer in the unit heretofore found appropriate, to determine whether
these employees desired to be represented for purposes of collective
bargaining by UE, IBEW, IAM, or IUE, or by none.
The election resulted in no choice receiving a majority of the valid
votes cast.
On May 26, 1952, Intervenor IAM filed objections to conduct affect-
ing the results of the election. On July 3, 1952, the Board overruled
the objections and, pursuant to Section 102.62 of the Rules and Regu-
lations, directed a runoff election to determine whether the employees
in the appropriate unit wished to be represented by UE or IUE.
On August 25, UE requested the Board to use a new eligibility date
for the runoff election so that employees hired since the eligibility date
of the original election could vote. On August 27, 1952, the Board
denied the UE's request and ruled that the eligibility date for the
May 20 election be used in the runoff election.
The runoff election was conducted on August 28, 1952. The results
of this election were set forth in a tally of ballots served on the parties
on that date and were as follows :
Approximate number of eligible voters---------------------------- 659
Void ballots---------------------------------------------------- 8
Votes cast for UE------------------------------------------------ 248
Votes cast for IUE----------------------------------------------- 310
Valid votes counted---------------------------------------------- 558
Challenged ballots ----------------------------------------------- 377
Valid votes counted plus challenged ballots------------------------ 935
The ballots of 20 employees were challenged for reasons which, in
view of our decision herein, are not determinative. The ballots of 357
other employees were challenged because they were cast by persons
who were hired after the date of eligibility.
On September 4, 1952, "Objections of United Electrical, Radio and
Machine Workers of America to Conduct of Election and to Conduct
'The petition and other formal papers are amended to show the correct name of the
Employer.
2 98 NLRB 1296.
101 NLRB No. 84.
262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Affecting the Results of Election" were filed. These objections were,
inter alia, that (1) the runoff election was conducted in an atmosphere
of intimidation and coercion created by a conspiracy between the Em-
ployer, the IUE, the Department of Justice, and the House Committee
on Un-American Activities, so as to make a free election impossible;
and (2) the use of the old eligibility date in the runoff election dis-
enfranchised over 350 employees hired since that date.
On September 26, 1952, the Regional Director issued his report on
challenges and objections in which, inter alia, he referred the conten-
tions set forth above to the Board. On October 16, 1952, the UE filed
exceptions to the Regional Director's report.
The Board has considered the objections of UE. We find no merit
in the UE's first objection that the election was conducted in an im-
proper atmosphere. With respect to UE's second objection, Section
102.62 of our Rules and Regulations provides that only employees
who were eligible to participate in the original election should be
eligible to vote in the runoff election. We believe that material devia-
tions from those provisions are not here warranted and would not be
consistent with good administration of the Act .3 Therefore, in accord
with the Board's previous decision to use the original eligibility date
for the runoff election, we overrule UE's second objection.'
Certification of Representatives
It is hereby certified that International Union of Electrical, Radio
and Machine Workers, CIO, has been designated and selected by a
majority of all production and maintenance employees at the Em-
ployer's Los Angeles, California, plant, including receiving depart-
ment employees, incoming inspection employees, stockroom employees.
packing employees, and shipping employees, but excluding employees
in the laboratory and engineering department, office, clerical, sales,
and machine shop employees, janitors, guards, foremen and super-
visors as defined in the Act, as their representative for purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
as amended, that organization 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.
MEMBER MuRDocK took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.
8 Jasper Wood Products Company, Inc, 75 NLRB 808.
* The last objection by UE is that the runoff election was conducted while UE' s unfair
labor practice charges were pending The Regional Director recommended that this
objection be overruled , and UE did not except to this recommendation We accept the
Regional Director' s recommendation , and overrule this objection.
As the objections, the Regional Director's report thereon , and the exceptions to the
Regional Director 's report fully present the issues, we deny UE' s alternative request for
oral argument.