Southern California Gas Co.

In the Matter Of SOUTHERN CALIFORNIA GAS COMPANY and PACIFIC GAS WORKERS UNION, INDEPENDENT In the Matter of SOUTHERN CALIFORNIA GAS COMPANY and UTILITY WORKERS ORGANIZING COMMITTEE, LOCAL 152, C. I. O. Cases Nos. R- 791 and R 2799d, respectively Investigation and Certification of Representatives : run-off election directed. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION October 16, 1941 On September 8, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding,' directing that an election by secret ballot be conducted among certain employees of Southern California Gas Company, Los Angeles, California, herein called the Company, to determine whether they desired to be represented by Pacific Gas Work- ers Union, Independent, herein called the Gas Workers, or by Utility Workers Organizing Committee, Local 152, C. I. 0., herein called the U. W. O. C., for the purposes of collective bargaining, or by neither. Pursuant to the Decision and Direction of Election, an election by secret ballot was conducted among such employees on September 25, 1941, under the direction and supervision of the Acting Regional Director for the Twenty-first Region (Los Angeles, California). On September 26, 1941, the Acting Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report, setting forth, inter alia, the following results of the aforesaid election : 1 35 N. L. R. B., No. 54. 36 N. L. R. B., No. 29. 171 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total on eligibility list______________________________________ 286 Total ballots cast___________________________________________ 233 Total ballots challenged_____________________________________ 0 Total blank ballots_________________________________________ b Total void ballots 0 Total'ballots:not counted____________________________________ .0 Total votes for.Pacific •Cas Workers Union, Independent---___ 62 Total votes for Utility Workers Organizing Committee, Local 152, C. I.0------------------------------------------------- 06 Total votes for neither --------------------- ---------------- 65 No objections were thereafter filed-to the Election Report. On September 26,'1941, the U. W. O. C. filed a formal request for a run-off election to be held by the .Board. On September 29, 1941,, .the Gas Workers filed a formal objection to the holding of any run-off election and a request that the Board -'issue an Corder declaring the case closed. On September 29, 1941, the Company filed a formal request that, in the event •a run-off election .is requested by any .of the parties, the Board take no action until the Company is given an opportunity to appear' and be heard in opposition to the direction of a run-off election. Although neither of the competing labor organizations received a majority of the-votes cast, the results of the election show that;a sub- stantial majority of the employees in question desire to bargain collec- tively with the Company. Under the circumstances, we shall direct a run-off election in which the employees of the Company within .the appropriate unit will be given an opportunity to decide whether .they wish to be represented by the Gas Workers or'by the U. W. O. C. for the ;purposes of collective 'bargaining. Accordingly, we hereby over- rule the objection of the Gas Workers to a run-off election .and deny the request of the Company to appear and be heard in opposition to the direction of a run-off election. SECOND DIRECTION OF ELECTION 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized -by the Board to ascertain representatives for the purposes of collective'bargaining with Southern California Gas Company, Los Angeles, California, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision of the Regional Director for the Twenty-first Region, acting in this matter as agent SOUTHERN CALIFORNIA GAS COMPANY 173 for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in paragraph 1 of the Direction of Election issued on Sep- tember 8, 1941, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be be repre- sented by Pacific Gas Workers Union, Independent, or by Utility Workers Organizing Committee, Local 152, C. I. 0'., for the purposes of collective bargaining. MR. GERARD D. REmLy took no part in the consideration of the above Supplemental Decision and Second Direction of Election. SAME TITLE] CERTIFICATION OF REPRESENTATIVES November 25, 1941 On September 8, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding? On October 16, 1941, the Board issued a Supplemental Decision and Second Direction of Election.2 Pursuant to the Second Direction of Election, an election by secret ballot was conducted on November 5, 1941, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California). On November 6, 1941, 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. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list--------------------------------------- 279 Total ballots cast-------------------------------------------- 245 Total ballots challenged-------------------------------------- 2 Total blank ballots------------------------------------------ 0 Total void ballots------------------------------------------- 2 Total ballots not counted------------------------------------ 4 Total ballots counted---------------------------------------- 241 Total votes for Pacific Gas Workers Union, Independent-------- 125 Total votes for Utility Workers Organizing Committee, Local 152, 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, 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 Pacific Gas Workers Union, Independent, has been designated and selected by a majority of all employees of C. I. 0------------------------------------------------ 116 1 35 N. L. R. B., No. 54. 2 36 N. L. It. B., No. 29. 174 SOUTHERN CALIFORNIA GAS COMPANY 175, Southern California Gas Company, Los Angeles, California, in its. Southern Division, including probationary employees and excluding temporary employees , gang foremen , and other supervisory employees,, as their representative for the purpose of collective bargaining, and that, pursuant, to Section 9 (a) of the Act, Pacific Gas Workers Union,. Independent, 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. MR. GrRAm D. REILLY took no part in the consideration of the above? Certification of Representatives. 36 N. L. R. B. No. 29a.