J. G. Boswell Co.

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. - t