Standard Coil Products Co. Inc.

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.