Koch Sand & Gravel Co.

National Labor Relations Board - Board Decisions

Feb 6, 1941

29 N.L.R.B. 415 (N.L.R.B. 1941)

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.