DeSoto Oil Co.

In the Matter of DESOTO OIL COMPANY and UNITED CANNERY, AaRI- CULTU RAL, PACKING AND ALLIED WORKERS OF AMERICA Case No. R-2133 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES January 18, 1941 On November 27, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings." Pursuant to the Direction of Elec- tion, an election.by secret ballot, was conducted on December 21, 1940, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). On December 23, 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 his Election Report. As to the balloting and its results, the Regional Director reported as follows : Total. number eligible-------- I ----------------------------- 105 "Total ballots cast------------------------------------------ 9:) Total number ballots cast for United Cannery, Agricultural, Packing and Allied Workers of America, C. I. 0------------ 76 Total number ballots cast for Engineers Local Union No. 92, International Union of Operating Engineers, A. F. of L----- 15 Total number ballots cast for neither------------------------ 0 Total number of challenged ballots-------------------------- S Total number of void ballots------------------------------- - 0---- - Total number of blank ballots------------------------------ .0 On January 7, 1941, Engineers Local Union No. 92,. International Union of Operating Engineers; herein called the Engineers, filed with the Regional Director its objections to the conduct of the ballot and the Election Report. On January 15, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, issued and 1 28 N L. R. B. 141. 29 N. L. R. B., No. 17. _ba DESOTO OIL COMPANY 97 duly served his Report on the Objections of the Engineers to the conduct of the secret ballot and the Election Report. The• Board has considered the objections of the Engineers and finds "that they do not raise substantial or material issues with re- spect.-to the conduct of the ballot or the Election Report. The objections are hereby overruled. Since the eight challenged ballots cannot affect the results of the election, we find it unnecessary to pass upon the challenges. -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 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 CERTIFIED that United Cannery, Agricultural, Pack- ing and Allied Workers of America, affiliated with Congress -of Industrial Organizations, has been designated and selected by 'a majority of all production and maintenance employees of DeSoto Oil Company, Memphis, Tennessee, 'excluding clerical and super- visory employees, as their representative for the purposes 'of col- lective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, United Cannery, Agricultural, Packing and Allied, Workers of, America, affiliated with Congress of Indus- trial Organizations, is the exclusive representative of all such em- ployees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. . CHAIRMAN HARRY A. MILLIS took no part in the consideration- of the above Supplemental Decision and Certification of Repre- sentatives.