Logan-Mingo Gas & Oil Co., Inc.

National Labor Relations Board - Board Decisions

Apr 18, 1966

158 N.L.R.B. 109 (N.L.R.B. 1966)

LOGAN-MINGO GAS & OIL CO 109
Engineering Department
Included design engineers A, engineering co-ops, junior clerks,
senior clerk, programer A, draftsman A, draftsman B, draftsmen C,
experimental technicians, tool makers A, tool maker B, and file clerks
Allowed to vote subject to challenge design engineers B, engineer-
ing co-ops B, engineering co-ops C, engineering co-ops D, engineering
technician trainees B, engineering technician trainees C, drawing
checkers, and assistant foreman
Electronics Department
Included electronic technicians
Logan-Mingo Gas & Oil Co , Inc. and Local Union 505, affiliated
with the International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America, Petitioner Case No
9-RC-5968 April 18,1966
DECISION AND CERTIFICATION OF REPRESENTATIVES
On December 16, 1964, pursuant to a Decision and Direction of
Election issued November 18, 1964, an election by secret ballot was
conducted in the above-entitled proceeding under the direction and
supervision of the Regional Director for Region 9 On the conclu-
sion of the election, a tally of ballots was furnished the parties, in
accordance with the Board's Rules and Regulations, Series 8, as
amended, showing that 12 ballots were cast, of which 5 were for the
Petitioner, 3 were against, and 4 were challenged The challenged
ballots were sufficient in number to affect the results of the election
The Employer filed timely objections to conduct affecting the results
of the election The Regional Director caused an investigation of
the objections and challenges to be made and, on July 2, 1965, issued
and duly served on the parties his Supplemental Decision and Order
In his Supplemental Decision, the Regional Director overruled the
Employer's objections, sustained the challenge to one ballot, and
directed that the other three challenged ballots be opened and counted
Thereafter, the Employer timely filed with the Board a request for
review of the Supplemental Decision and Order, limited to the ruling
on the objections On August 24, 1965, the Board, having duly con-
sidered the matter, granted the Employer's request for review only
in regard to the Employer's objection 7, and ordered that a hearing be
158 NLRB No 9
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conducted before a Hearing Officer designated by the Regional Direc-
tor to resolve the issues raised by the said objection. The remainder
of the request for review was denied. On December 30, 1965, Hearing
Officer Jack V. Baker, after hearing evidence on objection 7, issued
his report and recommendations on objections to conduct of the elec-
tion, in which he recommended that objection 7 be overruled.
The Employer filed timely exceptions to the Hearing Officer's con-
clusions and recommendations, requesting the Board to sustain objec-
tion 7 and direct a second election.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch -and Members Jenkins and Zagoria].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of the
Act and it will effectuate the policies of the Act to assert jurisdiction
herein.
2. The labor organization involved 'claims to, represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Sections 9(c) (1) and 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that all drivers, warehouse-
men, mechanics, helpers, washers, and greasers employed by the
Employer at its bulk facilities at Logan and Williamson, West Vir-
ginia, excluding all office clerical employees, professional employees,
guards, and supervisors as defined in the Act, and all other employees,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
5. The Board has considered the Hearing Officer's report, the
Employer's exceptions thereto, and the entire record in this case. In
our opinion, the Employer's exceptions raise no issue of fact or law
which would warrant reversal of the Hearing Officer's recommenda-
tion. The Board hereby adopts the Hearing Officer's recommenda-
tion that the Employer's objection 7 to the election be overruled.
In accordance with the direction of the Regional. Director in his
Supplemental Decision and Order-a direction which the Employer
did not contest-three of the challenged ballots have been opened and
counted. The revised tally of ballots, which has been furnished to
the parties, shows that of the 11 ballots cast, 8 were for and 3 against
the Petitioner. As all of the Employer's objections have been over-
FAMCO, INC. 111
ruled and as the Petitioner has obtained a majority of the valid ballots
cast,' we shall certify the results of the election.
[The Board certified Local Union 505, affiliated with the Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, as the collective-bargaining representative of the
employees of Logan-Mingo Gas & Oil Co., Inc.
10n the basis of the initial tally of ballots, the Regional Director recognized that the
Petitioner could fail to receive •a majority of votes only in the event that two or more of
the challenged voters were found eligible and voted against the Petitioner. He properly
deemed this to be a remote possibility , since the challenges had been interposed by the
Employer and the three employees had been discharged , allegedly for discriminatory
reasons, on the eve of the election. The Regional Director therefore decided , without
exception by the Employer , to open and count the three ballots in order to expedite a final
tally of the voting. This action was in no way a determination of the eligibility of the
three voters . As it is now disclosed that all three voted for the Petitioner , a decision as
to their eligibility becomes unnecessary to this representation proceeding , since , whether
any or all of the three were eligible or ineligible to vote, the Petitioner has, in any event,
received a majority of the valid votes cast.
Famco, Inc. and International Union , United Automobile, Aero-
space and Agricultural Implement Workers of America, UAW-
AFL-CIO. Case No. 9-CA-34.93. April 19, 1966
DECISION AND ORDER
On January 7, 1966, Trial Examiner Robert L. Piper issued his
Decision in the above-entitled proceeding, finding that the Respond-
ent had engaged in and was engaging in certain unfair labor practices
and recommending that it cease and desist therefrom and take certain
affirmative action, as set forth in the attached Trial Examiner's Deci-
sion. Thereafter, the Respondent filed exceptions and a supporting
brief.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Members Fanning, Brown, and Zagoria].
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Trial
Examiner's Decision , the exceptions and brief, and the entire record
in this case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner.
[The Board adopted the Trial Examiner 's Recommended Order.]
158 NLRB No. 23.