Shell Oil Co.

National Labor Relations Board - Board Decisions

Oct 5, 1948

79 N.L.R.B. 1255 (N.L.R.B. 1948)

In the Matter of SHELL OIL COMPANY (BULK PLANT), EMPLOYER and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, LOCAL 525, AFL, PETITIONER
Case No. 14-UA-1164.Decided October 5, 1948
DECISION
AND
ORDER
On April 21, 1948, the Petitioner filed a petition for referendum
with the Regional Director for the Fourteenth Region, seeking au
thority to enter into an agreement with the Employer concerning
union security, as provided by Section 9 (e) (1) of the National Labor
Relations Act. On May 20, 1948, the Regional Director conducted
a secret ballot election among the employees involved herein. Upon,
the conclusion of the election, a Tally of Ballots was furnished the-
parties in accordance with the Rules and Regulations of the Board.
The Tally shows the following results:
Number of eligible voters_______________________________ _____ 10
Void ballots------------------------------------------------ 0
Votes cast in favor of authorizing the Union and the Employer
to enter into an agreement which requires membership in
such Union as a condition of continued employment -----_____
Votes cast against the above proposition______________________
Valid votes counted_________________________________________ 5
Challenged ballots_________________________________________ . 0 ,
On May 25, 1948, the Petitioner filed objections to the conduct of
the election alleging (1) an eligible voter, Coontz, was assigned by
the Employer to work out of the area in which the election took place'
and he was thereby deprived of an opportunity to vote; (2) the elec-
tion notices were not posted in such a manner that they were viewed
by all eligible voters; and (3) the period of time for the voting was
too short to enable employees to leave their work and appear at the
voting booths.
After an investigation, the Regional Director, on July 9,1948, issued
his Report on Objections to Election, in which he found that the first
objection raised a substantial and material issue with respect- to the
79 N. L. R. B., No. 167.
1255
1256-, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election, but that the second and third objections were without merit-
The Regional Director therefore recommended that the Board sustain-
the first objection, set aside the results of the election, and direct that.
a new election be conducted.
The Board has considered the Petitioner's objections and the Re--
gional Director's Report on Objections to Election, and upon the-
entire record in this case, makes the following :
FINDINGS' OF FACT
Notices of election were received by the Petitioner on May 11, and
by the Employer on May 13, 1948. _ The Employer posted the notice-
at 9 a. m. on May 13, 7 days before the election, on the company bulle-
tin board near the loading docks where most of the eligible voters-
worked. The election was held between the hours of 6: 45 a. m.
and 7: 15 a. m., on May 20, 1948.
One of the 10 eligible voters, Coontz, is employed as a driver for-
the Employer and as part of his regular working schedule it was
necessary for him to leave Wood River, Illinois,, the site of the election,
at 7 a. m., May, 19, drive to Cuba, Missouri, and Rolla, Missouri, stay-
ing in Rolla overnight and then proceeding to Slater, Missouri, the
morning of May 20, returning to Wood River,. Illinois, about 4 p. m.,
after the close of the election. It, appears that this has been this.
employee's regular schedule for a number of years.
On these facts, the Regional Director found that Coontz was de-
nied the right to vote in this election through no fault of his own.
Because under the Act a union-shop authorization must be supported
by a majority of those eligible to vote, and because the union-shop.
authorization in this case received one vote less than the requisite ma-
jority, the Regional Director concluded that the vote of Coontz, if
cast, might have been. determinative of the results of the election.
For this reason, the Regional Director recommended that the results
of the election be set aside and a new election directed.
We do not agree with the Regional Director that the failure of
Coontz to vote warrants setting the results of the election aside. We
have repeatedly ruled that, absent unusual circumstances, the failure.
of eligible voters to cast ballots in Section 9 (c) representation elec-
tions was not cause for setting aside the results of such elections where,
a representative number of employees had voted. Despite the strict
statutory requirement in Section 9 (e) (1) elections, that a majority,
of those eligible to vote is necessary to support union-shop authoriza-
tions, we do not believe the rule should be different in Section 9 (e).
SHELL OIL COMPANY 1257
(1) elections, for in no election can there be a guarantee that all eligi-
ble voters will vote or that they desire to cast ballots.
In this case both the Petitioner and Employer received notices of
the election well in advance of election day. The notice of the election
-stated that a majority of those eligible to vote is needed to support a
union-shop authorization. Notice of the election was conspicuously
posted on the Employer's bulletin board 6 days before Coontz left on
his regularly scheduled 2-day trip on May 19, 1948. As the date and
conditions of the election were well publicized, Coontz, or any party
.so desiring, had ample opportunity to safeguard his right to vote.
This could have been accomplished by bringing to the attention of
the Board agent the conflict in his working schedule with the time
set as the voting period, in which event arrangements would have been
made whereby his ballot could have been cast along with his fellow
workers. Accordingly, we hereby overrule the Petitioner's first objec-
tion to the conduct of the election and the recommendation of the
Regional Director with respect thereto.
Like the Regional Director, we find no merit to the Petitioner's
second and third objections and they are hereby overruled. As we
have overruled all objections to the conduct of the election, no reason
exists for setting aside the results of the election.
The results of the election held on May 20, 1948, show that the
required majority of eligible voters have not cast valid ballots in
favor of the union-shop authorization. We shall therefore dismiss the
petition.
ORDER
IT Is HEREBY ORDERED that the petition for union-shop authorization
among the driver and warehouse employees of Shell Oil Company,
at the Wood River Bulk Plant, Roxana, Illinois, filed herein by the
'International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, Local 525, AFL, be, and it hereby is,
dismissed.