Owens-Parks Lumber Co.

OWENS-PARKS LUMBER CO. 131 OWENS-PARKS LUMBER CO. (S. S. LUMBER LADY)and MARINE COOKS AND STEWARDS, SEAFARERS INTER- NATIONAL UNION, AFL, Petitioner and NATIONAL UNION Or MARINE COOKS AND STEWARDS, INDEPENDENT. Case No. 21-RC-3114. November 20, 1953 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES Pursuant to a Decision and Direction of Election issued by the Board on August 31, 1953,1 an election by secret ballot was held on September 14, 1953, under the supervision of the Regional Director for the Twenty-first Region, among the employees on the Employer's sea schooner, S. S. Lumber Lady, in the unit found appropriate in the Decision. After the election, the parties received a tally of ballots, which showed that, of approximately 3 eligible voters, 4 valid ballots were cast, of which 2 were for the Petitioner and none for the Intervenor. There were 2 challenged ballots, but no void ballots. All the parties signed the certification of conduct of election and the tally of ballots. Because on September 21, 1953, the Intervenor filed timely objections to the conduct of and to conduct affecting the results of the election and the challenged ballots were sufficient in number to affect the results of the election, the Regional Di- rector, in accordance with the Board's Rules and Regulations, conducted an investigation and thereafter, on October 8, 1953, issued and duly served upon the parties his report on challenged ballots and objections to conduct affecting the results of the election. In this report the Regional Director recommended that: (1) The challenges to the ballots of Bennie L. Thompson and Alvia York be sustained; (2) the objection concerning the Employer's observer Harry E. Dotson be sustained; and (3)-the remainder of the objections be overruled. On October 16, 1953, the Petitioner filed a timely exception to the Regional Director's report concerning the finding about Dotson. The Intervenor filed no exceptions. As there were no exceptions to the recommendations on the challenges, we will sustain the challenges. The objection with regard to Dotson was based on the claim that he was a supervisor and as such ineligible to act as an election observer. The Regional Director reported, on the basis of his investigation, that Dotson was a supervisor, in charge of the accounting department at the Employer's offices in Los Angeles, and that he was therefore ineligible to act as observer. In its exceptions, the Petitioner set forth alleged facts to support its assertion that Dotson was not a supervisor and further contended that the designation of Dotson as an observer 'Not reported in printed volumes of Board decisions. 107 NLRB No. 44. 13 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD could not have interfered with, or have influenced, the results of the election. Assuming, without deciding, that Dotson was a supervisor, we believe that the designation of Dotson as an observer, in the circumstances of this case, was noprejudicialto the Inter- venor. The policy underlying the Board's rule against the use of supervisors as election observers is that their presence at the polls may unduly influence employees to cast a no-union vote. However, none of the two valid votes in the instant case were cast for no union. Nor is there any basis for inferring that, in acting as an observer, Dotson influenced the employees to vote for one union in preference to another. In view of the foregoing, we find that the objections filed by the Intervenor do not raise substantial or material issues. Accordingly, as the Petitioner has received a majority of the valid votes cast, we shall certify it as the bargaining repre- sentative of the employees in the unit heretofore found appro- priate. IThe Board certified the Marine Cooks and Stewards, Sea- farers International Union, AFL, as the designated collective- bargaining representative of all stewards department employees on the Employer's sea schooner, S. S. Lumber Lady, excluding guards and the cook-steward and other supervisors as defined in the Act.] Member' Murdock took no part in the consideration of the above Supplemental Decision and Certification of Representa- tive s. HELMS MOTOR EXPRESS, INC.1 and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN AND HELPERS OF AMERICA, AFL, LOCAL 391, Petitioner. Cases Nos. 11-RC-551, 11-RC-552, 11- RC-553, 11-RC-554, 11-RC-555, and 11-RC-556. November 20, 1953 DECISION AND DIRECTION OF ELECTION Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Louis Perloff, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer, a North Carolina corporation, is a certified motor vehicle common carrier of general com- 'The name of the Employer appears as amended at the hearing. 107 NLRB No. 32.