Socony-Vacuum Oil Co., Inc.

In the Matter of SOCONY-VACUUM OIL COMPANY, INC. (WHITE EAGLE DIVISION) , EMPLOYER and OIL WORKERS INTERNATIONAL UNION, CIO, PETITIONER Case No. 30-RC-105 SECOND SUPPLEMENTAL DECISION ORDER AND SECOND DIRECTION OF ELECTION June 30,1949 On March 9, 1949, the Board issued a Decision and Order in the above-entitled proceeding,' setting aside an election conducted on Sep- tember 30, 1948, pursuant to a "Stipulation for Certification Upon Consent Election," and declaring that it would direct a new election when the circumstances permitted a free choice among the employees. Having been informed by the Regional Director that the time was appropriate, the Board, on April 1, 1949, directed that a new election be held among the employees in the stipulated voting group. Pursuant thereto the Regional Director conducted a new election on April 15, 1949, among the employees in the stipulated unit. Over the objection of the Employer, the Regional Director used the August 31, 1948, pay roll, the eligibility date used in the first election, for deter- mining eligibility to vote in the second election. At the close of the election, the Regional Director served a Tally of Ballots on the parties. The tally shows that there were approxi- mately 90 eligible voters, of whom 82 voted-50 for the Petitioner, 31 against the Petitioner, and 1 under challenge. Within the time provided therefor, the Employer filed objections to the election, alleging that, as the result of the improper designation of August 31, 1948, pay roll for determining eligibility to vote, a sub- stantial number of employees hired since that date were disen- franchised. The Regional Director investigated the objections and, on May 16, 1949, issued and served upon the parties a Report on Objections, in 181 N L. R. B. 1329. 84 N. L. R. B., No. 109. 969 970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD which he recommended that the Employer's objections be overruled, upon the ground that the Employer had waived this objection before the-election. The Employer filed exceptions to the Regional Direc- tor's report. -Upon the entire record in the case, the Board 2 makes the following findings: ' In directing a new election after setting aside the results of a previ- ous election, it is the Board's practice to specify a current pay roll, rather than the pay roll used in the first election, to determine eligi- bility to vote in the new election. In its April 1, 1949; order directing the holding of a new election, the Board inadvertently failed to set forth the pay roll eligibility date to be used in the second election. Over the protest of the Employer, the Regional Director decided that only employees eligible to vote in the first election would be permitted to vote in the second. This ruling deprived approximately 30 em- ployees hired since the first election, of the opportunity to vote in the new election, a number sufficient to affect the election results. The Regional Director found, however, that the Employer waived any objection to the use of the old pay-roll period by failing to appeal to the Board, before the election, from his ruling rejecting the Em- ployer's protest. We are unable to agree with the Regional Director that this failure to appeal before the election was indicative of any intent to waive the objection. Accordingly, we believe that the poli- cies of the Act will best be effectuated by setting aside the results of the second election and directing a new election using a current pay roll to determine eligibility to vote therein. - ORDER IT IS HEREBY ORDERED that the election held herein on April 15, 1949, be, and it hereby is, set aside. SECOND DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early, as possible, but not later than 30 days from the date of this Second Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, 2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board'has'delegated its powers in connection with this case to a three- member panel [Chairman Herzog and Members Reynolds and Gray]. SOCONY-VACUUM OIL COMPANY, INC. 971 among the employees in the stipulated unit, who were employed during the pay-roll period immediately preceding the date of this Second Direction, of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining,, by 'Oil Workers International, Union, CIO.