Sinclair Refining Co., Inc.

National Labor Relations Board - Board Decisions

Jun 3, 1941

32 N.L.R.B. 278 (N.L.R.B. 1941)

In the Matter of SINCLAIR REFINING Co., INC., and AMERICAN CoM-
MUNICATIONS ASSOCIATION, MARINE DIVISION
Case No. R4323.-Decided June 3,1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Alan F. Perl, for the Board.
Mr. J. Johnson, of New York City, for the Company.
Boudin, Cohn d Gliclcstein, by Mr. Irving Feinberg, of New York
City, for the A. C. A.
Ornstein & Silverman, by Mr. Albert Ornstein of New York City,
for the C. T. -U.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 15, 1940, and February 3, 1941, respectively, American
Communications Association, Marine Division, herein called the
A. C. A., filed with the Regional Director for the Second Region
(New York City) a petition and an amended petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Sinclair Refining Co., Inc., herein called the
Company, engaged in the operation of tankers for the transportation
of oil from ports on the Gulf of Mexico to various ports on the North
Atlantic coast and in foreign -service and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On January 27, 1941, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
32 N. L. R. B, No. 61.
278
SIINCLAIR REFINING CO., INC. 279
On February 3, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the A. C. A.,
and Commercial Telegraphers Union, Marine Division, herein called
the C. T. U., a labor organization claiming to represent employees
directly affected by the investigation. On February 14, 1941, the
Company, the A. C. A., the C. T. U., and the Regional Director entered
into a "STIPULATION FOR .CERTIFICATION UPON CON-
SENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted between February 21 and May 5, 1941, under the direction and
supervision of the Regional Director, among all radio telegraphers
of the Company, to determine whether said employees desired to be
represented by the A. C. A., or by the C. T. U., or by neither. On
May 16, 1941, the Regional Director 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.
In her Election Report the Regional Director reported as follows
concerning the balloting and its results:
Total number eligible to vote_____________________________ 11
Total number of ballots cast______________________________ 11
Total number of valid ballots_____________________________ 11
Total number of votes in favor of American Communications
Association , C. I. O.____________________________________ 9
Total number of votes in favor of Marine Division , Commer-
cial Telegraphers ' Union, A. F. of L._____________________ 1
Total number of votes in favor of neither union_____________ 1
Total number of blank votes______________________________ -0
Total number of void ballots____________________________ 0
Total number of challenged ballots_________________________ 0
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the 'repre-
sentation of employees of Sinclair Refining Co., Inc., New York City,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All radio telegraphers of the Company constitute a unit appro-
priate for the purposes of collective bargaining, within'the meaning
of Section 9 (b) of the National Labor Relations Act.
3. American Communications AssociatiQn, Marine Division, affili-
ated with the Congress of Industrial Organizations, has been desig-
nated and selected by a majority of the employees in the above unit
as their representative for the purposes of collective bargaining, and
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is the exclusive representative of all the employees in said unit, within
the meaning of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relation's Board by Section 9 (c) of the National Labor Rela-
tions Act
IT IS HEREBY, CERTIFIED that American Communications Association,
Marine Division, affiliated with the Congress of Industrial Organiza-
tions, has been selected by a majority of the radio telegraphers of
Sinclair Refining Co., Inc., New York City, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (c) of the Act, American Communications Association, Marine
Division, affiliated with the Congress of Industrial Organizations 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.