Koch Sand & Gravel Co.

In the Matter of KoCH SAND & GRAVEL COMPANY and LOCAL 181, IN- TERNATIONAL UNION OF OPERATING ENGINEERS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-0001 SUPPLEMENTAL DECISION AND ORDER February 6, 1941 On December 19, 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 Election, an election by secret ballot was conducted on December 20, 1940, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). 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 an Election Report on the ballot. As to the balloting and its results, the Regional Director reported as follows : Total number of employees alleged eligible to vote------------ 24 Total number voted ---------------------------------------- 24 Total number of valid votes cast ---------------------------- 22 Total number of votes for the Local 181, international Union of Operating Engineers, affiliated with the American Federa- tion of Labor -------------------------------------------- 11 Total number of votes against the Local 181, International Union of Operating Engineers, affiliated with the American Federation of Labor-------------------------------------- 11 Total number of blank ballots-------------------------------- 0 Total number of void ballots -------------------------------- 0 Total number of challenged ballots -------------------------- 2 The Regional Director recommended in his Election Report that the challenges to two of the ballots be sustained. No objections were taken to the Regional Director's rulings on these ballots. We hereby sustain the rulings of the Regional Director on the challenged ballots. On December 27, 1940, Local 181, International Union of Operating 28 N L. R B 692 29 N L. R B., No. 79. 415 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Engineers, herein called the Union, filed with the Regional Director an objection to the Election Report, alleging "that one Sam Haywood, an employee, although not eligible to vote in the election, was allowed to vote unchallenged. On January 20, 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 his ruling on the objection of the Union, finding it to be without merit. We have considered the, objection of the Union and the Regional Director's'ruling thereon. We are of the opinion that the objection raises no substantial and material issue with respect to the conduct of the election. The objection is hereby overruled. The results of the election show that no collective bargaining representative has been selected by a majority of the employees. The petition for investigation and certification of representatives of em- ployees of Koch Sand & Gravel Company, Evansville, Indiana, 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 2, as" amended, IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Koch Sand & Gravel Com- pany, Evansville, Indiana, filed by Local 181, International Union of Operating Engineers, affiliated with the American Federation of Labor, be, and it hereby is, dismissed.