Socony-Vacuum Oil Co., Inc.

National Labor Relations Board - Board Decisions

Mar 9, 1949

81 N.L.R.B. 1329 (N.L.R.B. 1949)

In the Matter of SocoNY-VACUUM OIL COMPANY, INC. (WHITE EAGLE
DIVISION ), EMPLOYER and OIL WORKERS INTERNATIONAL UNION
CIO, PETITIONER
Case No. 30-RC-106.-Decided March 9,1949
DECISION
AND
ORDER
Pursuant to a "Stipulation for Certification Upon Consent Election"
executed by the Employer and the Petitioner on September 15, 1948,
an election by secret ballot was conducted on September 30,1948, under
the direction and supervision of the Regional Director for the Seven-
teenth Region.
At the close of the election, the parties were furnished a Tally of
Ballots which showed that all 90 eligible voters had cast ballots, of
which 38 were for the Petitioner, 49 were against the Petitioner, and 3
were challenged.
On October 6,1948, the Petitioner filed Objections to Conduct Affect-
ing the Results of the Election, alleging that (1) about 10 days before
the election, the Employer announced a wage increase to its employees,
for the purpose of influencing the balloting; and (2) the ballot box
was so constructed as not to be secure against tampering. On Novem-
ber 26, 1948, the Regional Director issued his Report on Objections
finding that the objections raised substantial and material issues with
respect to the election, and recommending that the election be set aside
and a new election be directed.
No exceptions were filed to the Regional Director's report within the
time provided therefor.
As no exceptions to the Report on Objections have been filed, we
hereby adopt the Regional Director's recommendations. Accordingly,
we shall set the election aside and direct a new election at such time as
' Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three -man panel consisting
of the undersigned Board Members [Chairman Herzog and Members Reynolds and Gray].
81 N. L. R. B , No. 212.
1329
1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director advises us that circumstances permit a free
choice among the employees.2
ORDER
IT IS HEREBY ORDERED that the election held on September 30, 1948,
among the employees of Socony-Vacuum Oil Company, Inc. (White
Eagle Division ), Casper, Wyoming, be, and it hereby is, set aside.
2 Matter of Shelbyville Desk Company, 72 N. L R B 925.