Western Freight Handlers, Inc.

In the Matter of WESTERN FREIGHT HANDLERS, INC. and INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL 6 Case No. R--5041 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July, 19,19413 On April 23, 1943, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding." Pursuant to the Direction of Elections, elections by secret ballot were conducted on May 14, 1943, under the direction and supervision of the Regional Director for the Twentieth Region (San Francisco, California). On May 17, 1943, the Regional Director acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Report on Ordered Elections. As to the balloting and its results, the Regional Director reported as follows : Voting Unit I (Warehousene2 . lift truck operators and jitney operators) Approximate number of eligible voters---------------------- 267 Total ballots cast------------------------------------------ 157 Total ballots challenged------------------------------------ 3 Total void ballots------------------------------------------ 2 Total valid votes counted----------------------------------- 152 Votes • cast for International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local 439, A. F. t--- 54 Votes cast for international Longshoremen's and Warehouse- men's Union, Local 6, C. I. 0----------------------------- 97 Votes for neither------------------------------------------ 1 Voting Unit II (Heavy tractor operators) Approximate number of eligible votes------------------------ 7 Total ballots cast------------------------------------------ 7 Total ballots challenged------------------------------------- 3 Total void ballots------------------------------------------ 0 149 N. L. R B. 66. 51 N. L. R. B., No. 86. 444 WESTERN FREIGHT HANDLERS, INC. 445 Total valid votes counted----------------------------------- 7 Votes cast for International Union of Operating Engineers, Local No. 3, A. F. L------------------------------------- 4 Votes cast for International Longshoremen's and Warehouse- men's Union, Local 6, C. I. 0------------------------------ 0 Votes cast for neither--------------------------------------- 0 Voting Unit III (Crane operators and oilers) Approximate number of eligible voters----------------------- 36 Total ballots cast------------------------------------------- 31 Total ballots challenged------------------------------------- 0 Total void ballots------------------------------------------- 0 Total valid votes counted------------------------------------ 31 Votes cast for International Union of Operating Engineers, Local No. 3, A. F. L.-------------------------------------- 31 Votes cast against International Union of Operating Engineers, Local No. 3, A. F. L-------------------------------------- 0 On May 24, 1943, the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local 439, A. F. L., herein called the Teamsters, filed Objections to the Conduct of Election and to the Election Report.2 On May 31, 1943, the International and Ware- housemen's Union, Local 6, filed a Reply to Objections to Conduct of Election and to Election Report. On July 1, 1943, the Regional Direc- tor issued and duly served upon the parties his Report on Objections to Conduct of Election and to Election Report. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT The Teamsters contends that, by the acts and conduct of the Com- pany, the employees in the unit of warehousemen, lift truck operators, and jitney operators were deprived of a free choice of representatives. The allegations contained in the objections filed by the Teamsters may be summarized as follows : (1) That on the date of the election 32 or more employees were requested to work overtime and did not reach the polls until after the polls had closed and were not then permitted to vote. (2) That prior to the election date 50 or more employees were trans- ferred from the warehouse to "dunnage and strapping" work 3 and were either informed that they were ineligible or believed themselves ineli- gible, but that some of these transferred employees did appear at the polls to vote and were denied the right to cast a ballot. (3) That four or more employees were promoted to the position of foreman from warehouse labor and were denied the right to vote. S The objections relate only to the unit of warehousemen , lift truck operators, and jitney operators., ' In the Decision and Direction of Election , employees engaged in "dunnage and strap- ping" operations were omitted from the voting units therein set forth 446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (4) That the number of employees who were prevented from voting by these circumstances is large enough to have been determinative of the outcome of the election. In his Report on Objections , the Regional Director states that he has investigated the objections and recommends that the Board find that they raise no substantial or material issue with respect to the conduct of the ballot. From the investigation conducted by the Regional Director, there appear the following facts with regard to the several objections. - 1.- The employees required to work overtime The reason for this occurrence was that on the day of the election certain unusual demands made it necessary for the Company to require the employees to work overtime. The Company made ar- rangements to bring the employees on the day shift to the polls in trucks at certain intervals during the polling time, but through some error the truck failed to pick up 1 or 2 groups of employees, of whom approximately 15 arrived at the polls 10 or 15 minutes after closing time and were not permitted to vote. No showing has been made that the failure to transport them to the polls was intentional and, for the purpose of depriving them of the right to vote. The records of the Company disclose that the maximum number of em- ployees affected by the failure of the truck to pick them up was 20 employees. Their ballots could not have changed the outcome of the election. 2. Transfers to the dunnage and strap2ring department It appears from an inspection of the Company's pay roll that on the day of the election only one employee who had previously been doing warehousemen's work, was working in the dunnage and strap- ping department and that this employee was not at work on the day of the-election and did riot appear at''tlie polls to cast a vote. There is also nothing to indicate that such transfer 'was other than in the regular course'of business. 3. The promotion of warehousemen to the position of foremen According .to the Company's records only two employees were pro- moted from the position of warehousemen to that of foremen prior to the election.. Neither of these employees appeared at the polls to cast a ballot. No evidence was presented to show that these promo- tions were in I any way discriminatory or designed to influence the election. We find, in accordance with the recommendation of the Regional Director, that the objections filed by the Teamsters raise no substan- WESTERN FREIGHT HANDLERS, INC. 447 tial or material issue with respect to the conduct of the election. While it is true that a few employees were unfortunately unable to vote in the election, there is nothing to indicate that this was the result of any intentional act on the part of the Company to interfere with a free choice of bargaining representatives. Moreover, it appears that if such employees had in fact voted, their ballots could not have affected the outcome of the election. The objections of the Teamsters are, accordingly, overruled. In the Decision and Direction of Elections, previously referred to, the Board made no final determination as to the appropriate unit or units, but stated that in the event that a majority of the tractor oper- ators and the crane operators and oilers selected the Operating Engi- r;eers, these two groups would constitute a single appropriate unit. We' find that all warehousemen, lift truck operators , and jitney operators, excluding the manager, superintendents, assistant super- intendents, gang foremen, and office force, employed by the Company at the United States Army Holding and Consignment Point, Lathrop, California, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. We a]so-find that all heavy tractor operators, crane operators, and oilers employed by the Company at the United States Army Holding and Consignment Point, Lathrop, California, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. - CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended. IT Is HEREBY CERTIFIED that International Longshoremen's and Ware- housemen's Union, Local 6, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all warehousemen, lift truck operators, and jitney operators, employed by Western Freight Handlers, Inc., at the United States Holding and Consignment Point, Lathrop, California, excluding the manager, su- perintendents, assistant superintendents, gang foremen, and office force, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, International Longshore- men's and Warehousemen's Union, Local 6, affiliated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 448 DECJSIONS OF NATIONAL LABOR RELATIONS BOARD IT Is FURTHER CERTIFIED that International Union of Operating En- gineers, Local No. 3, affiliated with the American Federation of Labor, has been designated and selected by a majority of all heavy tractor operators, crane operators, and oilers, employed by Western Freight Handlers, Inc., at the United States Holding and Consignment Point, Lathrop, California, as their representative for the purposes of collec- tive bargaining, and that pursuant to Section 9 (a) of the Act, Inter- national Union of, Operating Engineers, Local No. 3, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.