DeSoto Oil Co.

National Labor Relations Board - Board Decisions

Jan 18, 1941

29 N.L.R.B. 96 (N.L.R.B. 1941)

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.