Socony-Vacuum Oil Co., Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1949

84 N.L.R.B. 969 (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-105
SECOND SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
June 30,1949
On March 9, 1949, the Board issued a Decision and Order in the
above-entitled proceeding,' setting aside an election conducted on Sep-
tember 30, 1948, pursuant to a "Stipulation for Certification Upon
Consent Election," and declaring that it would direct a new election
when the circumstances permitted a free choice among the employees.
Having been informed by the Regional Director that the time was
appropriate, the Board, on April 1, 1949, directed that a new election
be held among the employees in the stipulated voting group.
Pursuant thereto the Regional Director conducted a new election on
April 15, 1949, among the employees in the stipulated unit. Over the
objection of the Employer, the Regional Director used the August 31,
1948, pay roll, the eligibility date used in the first election, for deter-
mining eligibility to vote in the second election.
At the close of the election, the Regional Director served a Tally of
Ballots on the parties. The tally shows that there were approxi-
mately 90 eligible voters, of whom 82 voted-50 for the Petitioner, 31
against the Petitioner, and 1 under challenge.
Within the time provided therefor, the Employer filed objections to
the election, alleging that, as the result of the improper designation of
August 31, 1948, pay roll for determining eligibility to vote, a sub-
stantial number of employees hired since that date were disen-
franchised.
The Regional Director investigated the objections and, on May 16,
1949, issued and served upon the parties a Report on Objections, in
181 N L. R. B. 1329.
84 N. L. R. B., No. 109.
969
970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which he recommended that the Employer's objections be overruled,
upon the ground that the Employer had waived this objection before
the-election. The Employer filed exceptions to the Regional Direc-
tor's report.
-Upon the entire record in the case, the Board 2 makes the following
findings: '
In directing a new election after setting aside the results of a previ-
ous election, it is the Board's practice to specify a current pay roll,
rather than the pay roll used in the first election, to determine eligi-
bility to vote in the new election. In its April 1, 1949; order directing
the holding of a new election, the Board inadvertently failed to set
forth the pay roll eligibility date to be used in the second election.
Over the protest of the Employer, the Regional Director decided that
only employees eligible to vote in the first election would be permitted
to vote in the second. This ruling deprived approximately 30 em-
ployees hired since the first election, of the opportunity to vote in the
new election, a number sufficient to affect the election results.
The Regional Director found, however, that the Employer waived
any objection to the use of the old pay-roll period by failing to appeal
to the Board, before the election, from his ruling rejecting the Em-
ployer's protest. We are unable to agree with the Regional Director
that this failure to appeal before the election was indicative of any
intent to waive the objection. Accordingly, we believe that the poli-
cies of the Act will best be effectuated by setting aside the results of
the second election and directing a new election using a current pay
roll to determine eligibility to vote therein. -
ORDER
IT IS HEREBY ORDERED that the election held herein on April 15, 1949,
be, and it hereby is , set aside.
SECOND DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early, as possible, but not later than
30 days from the date of this Second Direction, under the direction
and supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, as amended,
2 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- member panel
[Chairman Herzog and Members Reynolds and Gray].
SOCONY-VACUUM OIL COMPANY, INC. 971
among the employees in the stipulated unit, who were employed during
the pay-roll period immediately preceding the date of this Second
Direction, of Election, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, and also excluding employees on strike who
are not entitled to reinstatement, to determine whether or not they
desire to be represented, for purposes of collective bargaining,, by 'Oil
Workers International, Union, CIO.