Tidewater Associated Oil

In the -Matter of TIDEWATER ASSOCIATED OIL and MARINE COOKS & STEWARDS ASSOCIATION OF THE PACIFIC COAST Case No. R-505 SUPPLEMENTAL DECISION AND ORDER - November 12, 1938 On March 15, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election,1 in the above-entitled case and 14 related cases. In so far as it applied to the above-entitled case, the Direction of Election provided that an election by secret ballot be held as soon as convenient, and be- ginning as promptly as practicable after the date of the Direction, among the unlicensed personnel of the stewards' departments on tankers operated out of Pacific Coast ports by Tidewater Associated Oil Company,' herein called the Company, to determine whether they desired to be represented by the Marine Cooks' & Stewards' Associa- tion of the Pacific Coast or by the Associated Seamen's Association, for the purposes of collective bargaining, or by neither. On August 6, 1938, the Board issued a Supplemental Decision and Second Direction of Election," based upon the results -of the election previously directed, in which a run-off election was directed in view of the fact that neither labor organization had received a majority, although an overwhelming majority of the voters had in- dicated a desire to bargain collectively with the Company through one or the other of the rival unions. Following its usual custom, the Board directed the run-off to give the voters an opportunity to vote for or against the Marine Cooks' and Stewards' Association of the Pacific Coast, the union which had received the greater number of votes on the first ballot and requested a run-off election. Pursuant to the Second Direction, an election by secret ballot was conducted upon each of the Company's Pacific Coast tankers. On 15 N L.R B 982 2 Designated in the title of the case as Tidewater Associated Oil. 18 N. L R. B 820. 9 N. L. R. B., No. 74. 821 822 NATIONAL LABOR RELATIONS BOARD October 7, 1938, Alice M. Rosseter, Regional Director for the Twen- tieth Region (San Francisco, California), acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regu- lations-Series- 1, as amended, issued a Second Intermediate Report Upon Ballot, copies of which were duly served upon all parties to the proceedings. No exceptions to the Second Intermediate Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Number of votes for Marine Cooks' and Stewards' Association of the Pacific Coast__________________________________________ 1 2 Number of votes against Marine Cooks' and Stewards ' Associa- tion of the Pacific Coast __________________________________ 22 Total number of ballots counted_ _____________________________ 34 Number of blank, void or challenged ballots__________________ 0 Number eligible to vote ______________________________________ 35 We find that no collective bargaining representative has been des- ignated by a majority of the unlicensed personnel of the stewards' departments on tankers operated out of Pacific Coast ports by Tide- water Associated Oil Company. The petition for investigation and certification of representatives of such employees of the Company, filed by the Marine Cooks' and Stewards' Association of the Pacific Coast, will therefore be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY ORDERED that the petition for investigation and certi- fication of representatives of the unlicensed personnel of the stew- ards' departments on tankers operated out of Pacific Coast ports by Tidewater Associated Oil Company, filed by Marine Cooks' and Stewards' Association of the Pacific Coast, be,- and it hereby is, dismissed. - - -