Tokheim Oil Tank & Pump Co.

In the Matter of TOKHEIM OIL TANK & PUMP Co. and UNITED ELECTRICAL RADIO & MACHINE WORKERS, OF AMERICA, LOCAL 903-TOKHEIM UNIT, AFFILIATED WITH THE CIO Case No. R-1811 SUPPLEMENTAL DECISION AND DIRECTION August 10, 1940 On May 15, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled proceeding.' ' Pursuant to the Direction of Election, an elec- tion by secret ballot was conducted on June 14, 1940, under the direc- tion and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On July 3, 1940, 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 an Election Report. As to the balloting and its results, the Regional Director reported as follows. Total number of employees alleged eligible to vote----------- 351 Total number voted_____________________________________ 339 Total number of valid votes cast__________________________ 325 Total number of votes for the United Electrical Radio & Machine Workers of America, Local 903-Tokheim unit, affiliated with the CIO_________________________________ 152 Total number of votes for the Tokheim Employees'Association, Inc. ------------------------------------------------- 163 Total number of votes for neither organization -------------- 10 Total number of blank ballots --------- ------ -------------- 1 Total number of void ballots______________________________ 0 Total number of challenged ballots------------------------ 13 The Regional Director recommended in his Report that the chal- lenges to seven of the ballots, including the ballot of William C. Aker, be overruled, and that the challenges to six of the ballots be sustained. 1 23 N. L R B. 798 26 N. L. R. B., No. 43. 473 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 15, 1940, the United Electrical Radio & Machine Workers of America, Local 903-Tokheim Unit, herein called the United, filed ob- jections to the conduct of the ballot and to the Election Report. It contended that during the balloting a Board agent left the voting place without leaving any other agent of the Board present. It protested the counting of a ballot which was discovered wedged in the ballot box 2 days after the election, and objected to the recommendation and the ruling of the Regional Director that the challenge to the ballot of William C. Aker be overruled. On July 24, 1940, the Regional Director issued a Report on Objec- tions to the Conduct of Secret Ballot and Election Report, copies of which were duly served upon the parties. In respect to the allegation that a Board agent left the poll during the election, the Regional Director reported that a Board agent did so to investigate a routine complaint but that he took all of the unmarked ballots with him. The Regional Director further recommended that the ballot discovered 2 days after the election not be counted on the ground that the ballot- ing should have been declared closed the day of the election. In respect to the objection to the ruling on the challenged ballot of William C. Aker, the Regional Director's recommendation and ruling remain as set forth in the Election Report. On July 30 and 31•, 1940, respectively, Tokheim Oil Tank & Pump Co., herein called the Com- pany, and Tokheim Employees' Association, Inc., herein called the Association, filed exceptions to the Regional Director's ruling on the ballot discovered after the close of the poll. We overrule the Regional Director's findings and recommendations contained in the Report on Objections in regard to the ballot dis- covered 2 days after the election. On June 19, 1940, shortly after the discovery of the ballot wedged in the ballot box, all the parties signed a stipulation to the effect that the ballot was valid and that the certifi- cation should be amended to provide for the addition of the said ballot. We approve the Regional Director's findings and recom- mendations to the objection that a Board agent left the poll during the election for the reasons indicated by the Regional Director. We also find and conclude, for the reasons indicated by the Regional Director, that seven of the voters challenged at the election were eligible to vote. Accordingly, we hereby overrule the Objections, and each of them, made by the United to the conduct of the ballot and to the Election Report. We hereby sustain the exceptions of the Company and the Association to the ruling of the Regional Director on Objections to the Conduct of Secret Ballot and Election Report. Since the results of the election may be affected by the counting of the seven challenged ballots declared valid, we shall direct that they be counted. TOKHEIM OIL TANK & PUMP CO. 475 DIRECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is' hereby DIRECTED that, as part of the investigation directed by the Board to ascertain representatives for the purposes of collective bargaining with Tokheim Oil Tank & Pump Co., Fort Wayne, Indiana, the Regional Director for the Eleventh Region (Indianapolis, Indiana) shall, pur- suant to the Rules and Regulations of the Board set forth above, and subject to Article III, Section 9, of said Rules and Regulations, within ten (10) days from the date of this Direction, open and count the ballots of Edward Tierney, Roy Simmons, John Bechtol, Paul Ladd, Erick Miller, Mack Rayle, and William Aker, and shall thereafter prepare ' and cause to be served upon the parties in this case a Sup- plemental Election Report embodying his findings therein and his recommendations as to the results of the secret ballot. MR. EDWIN S. SMITH took no part in the consideration of the above Supplemental Decision and Direction.