The Laclede Gas Light Co.

THE LACLEDE GAS LIGHT COMPANY 75 Because the markings may have been deliberately made, and may have served to reveal the identity of the voter, we find that the ballot is void. We believe that the principle set forth in that case is applicable to this situation. Here the red "X" marking may, or may not, have been deliberately made. Certainly it could have served to identify the voter as, in fact, it did. Therefore, for the reasons stated in that case, we overrule this exception -and adopt the Regional Director's recommendation. Accordingly, we find that this ballot is void.,, We find that the Employer's objections and exceptions' and the Petitioner's second objection do not raise material or substantial issues with respect to the election. As the Petitioner has secured a majority of the valid ballots cast in the election, we shall certify it as the bar- gaining representative of the employees in the appropriate unit. Certification of Representatives IT IS HEREBY CERTIFIED that the United Steelworkers of America, CIO, has been designated and selected by a majority of the employees of Luntz Iron & Steel Company in the unit hereinabove found appro- priate as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, the said organization is the exclusive bargaining agent of all such employees for the pur- poses of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. 6 Cf Ebco Manufacturing Company, 88 NLRB 983 7 We deem it unnecessary to pass upon the Employer 's exception to the Regional Director's recommendation that a hearing be directed as to the Petitioner 's first objection , in view of Petitioner 's desire to withdraw that objection THE LACLEDE GAS LIGHT COMPANY and UNITED GAS, COKE AND CIIEMI- CAL WORKERS OF AMERICA, C. I. 0., LOCAL No. 6 and INTERNATIONAL UNION OF OPERATING ENGINEERS, A. F. L., LOCAL No. 148 THE LACLEDE GAS LIGHT COMPANY and UNITED GAS, COKE AND CIIEMI- CAL WORKERS OF AMERICA, C. I. 0., LOCAL No. 6, PETITIONER. Cases Nos. 14-RE-18 and 14-UA-2892. November 21, 1951 Order Denying Motion Following an election conducted pursuant to a Supplemental Deci- sion, Order Setting Aside Direction of Election, and Second Direction of Election,' Local No. 6, United Gas, Coke and Chemical Workers of 1 77 NLRB 354 97 NLRB No, 15. 76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD America, C. I. 0., was certified on November 24, 1948, to represent employees of the Employer in a unit found appropriate by the Board.' On December 8, 1948, Local No. 6 filed its petition in Case No. 14-UA-2892, requesting an election to authorize it to enter into a union-security agreement with the Employer. After an election duly conducted, the Board certified on January 18, 1949, that a majority of the employees eligible to vote in such election had voted to au- thorize Local No. 6 to include a union-security clause in its contract with the Employer. During all the times mentioned above, the Congress of Industrial Organizations was not in compliance with Section 9 (f), (g), and (h) of the Act. It effected such compliance on December 22, 1949. Local No. 148 of the International Union of Operating Engineers, A. F. L., one of the unions concerned in Case No. 14-RE-18, now moves the Board to reopen the above-captioned cases, to conduct further hearings, to hold oral argument, and to rescind and declare void the certificates issued as a result of the elections conducted in these two cases. Its basis for this motion is the failure of the C. I. O. to comply with Section 9 (f), (g), and (h) of the Act and the holding by the Supreme Court that such compliance was required by the Act.3 How- ever, a recent amendment to the Act has removed whatever merit there might have been in the motion before us. That amendment reads, in part, as follows : Section 18. No petition entertained, no investigation made, no election held, and no certification issued by the National Labor Relations Board, under any of the provisions of section 9 of the National Labor Relations Act, as amended, shall be invalid by reason of the failure of the Congress of Industrial Organizations to have complied with the requirements of section 9 (f), (g), or (h) of the aforesaid Act prior to December 22, 1949, or by reason of the failure of the American Federation of Labor to have com- plied with the provisions of section 9 (f), (g), or (h) of the aforesaid Act prior to November 7, 1947.4 It is clear that the amendment cures whatever invalidity there might have been in the certifications sought to be avoided by this proceeding. Accordingly, we will deny the motion of Local No. 148 in its entirety. IT Is HEREBY ORDERED that the motion filed herein by International Union of Operating Engineers, A. F. L., Local No. 148, be, and it' hereby is, denied. 2 The Board hereby revokes its delegation of powers in this case to a three-member panel. N. L. R. B. v. Highland Park Manufacturing Company, 341 U. S. 322. 65 Stat 601 , 29 U. S. C., Sec. 168.