Standard Oil Co. of New Jersey

National Labor Relations Board - Board Decisions

Mar 24, 1941

30 N.L.R.B. 539 (N.L.R.B. 1941)

In the Matter of STANDARD OIL COMPANY OF NEW JERSEY and Esso
TANKER MEN'S ASSOCIATION
In the Matter Of SOCONY VACUUM OIL COMPANY and SOCONY VACUUM
TANKER MEN'S ASSOCIATION
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and TIDE
WATER SMALL FLEET ASSOCIATION
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and TIDE
WATER TANKER MEN'S ASSOCIATION
Cases Nos. R-1632 to R-1635 inclusive
CERTIFICATION OF REPRESENTATIVES
March 24, 1941
On May 16, 1940, the National Labor_ Relations Board, herein
-called the Board, issued a Decision and Direction of Elections in the
above-entitled proceedings.' On October 2, 1940,_pursuant to stipula-
tions between the parties, the Board issued a Supplemental Deci-
sion and Direction of Run-off Elections.2 On November 1, 1940,. Na-
tional Maritime Union of America,, herein called the N. M. U., filed
with the Board a'written motion "for leave to withdraw its consent
to a run-off election . . . and to vacate or indefinitely suspend"
the Board's Direction of Run-off Elections. This motion was denied
by the Board on November 9, 1940. Pursuant to the Supplemental
Decision and Direction of Run-off Elections, an election by secret
ballot was conducted among the employees of Socony Vacuum Oil
Company and Standard Oil Company of New Jersey under the direc-
tionnahddsupervision of the Regional Director for the Second Region
`(New York City). On February 3, 1941, the N. M. U. filed with
the Board a petition to "set aside order, of run-off elections, and to
void-the balloting conducted in accordance therewith." This peti-
tion was denied by the Board on February 14,-1941. On February
20, 1941, the Regional Director, acting pursuant to Article III, Sec-
tion 9, of National Labor Relations. Board Rules and Regulations-
Series 2, as amended , issued and duly served upon the parties an ,
1 23 N L R B 860.
2 27 N. L. R. B. 380.
30 N. L. R. B., No. 83.
539
540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Election Report on the ballot conducted among the employees of
Socony Vacuum Oil Company.3 No objections to the conduct of the
ballot or to the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number elegible to vote------------------------------ 821
Total number of ballots cast------------------------------ 759
Total number of valid ballots ------------------------------ 736
Total number of votes in favor of National Maritime Union
of America, C. I 0------------------------------------- 289
Total number of votes in favor of Socony Vacuum Tanker
Men's Association --------------------------------------- 447
Total number of blank votes------------------------------ 3
Total number of void ballots------------------------------ 4
Total number of challenged votes-------------------------- 16
Since the counting of the challenged votes would not affect the
results of the election, it is not necessary to make any determination
with respect thereto. -
By virtue of and pursuant to the power vested in the National
-Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of'National Labor Relations Board Rules and Regulations-Series'
2, as amended,
IT IS HEREBY CERTIFIED that Socony, Vacuum Tanker Men's Asso-
ciation has been designated and selected `,by 'a majority of the un-
licensed personnel employed in the deck,-, engine,, and steward's de-
partments, except wireless and radio operators, on vessels of Socony
Vacuum Oil Company as their representative' for the purposes of
collective bargaining, and that, pursuant 'to Section,9 (a) of the Act,
Socony Vacuum Tanker Men's Association is the exclusive represen-
tative of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours ofemployment, and other
conditions of employment.
MR. WILLIAM. M. LE1sERSON, dissenting':
For the reasons expressed in my dissenting opinion in Matter of
Coos' Bay Lumber Company ,4 I would not "issue a certification
herein.
'
3 The results of the elections among the employees of Tidewater Associated 'oil Company
are reported in Certification of Representatives issued on September 21, 1940 , 27 N. L. R. B:
378 The Regional Director has not reported on the election held among the employees
of Standard Oil Company of New Jersey . Since the results of that election will not affect
the instant case, 'se shall proceed to issue certification pursuant to the election conducted
among the employees of Socony Vacuum Oil Company.
4Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local
No. 257$, 16 N. L R. B 476.
STANDARD OIL COMPANY OF NEW JERSEY 541
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
March 28, 1941
On May 16, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction' of Elections in
the above-entitled proceedings.' On October 2, 1940, pursuant to
stipulations between the parties, the Board issued a Supplemental
Decision and Direction of Run-off Elections.2 On November 1, 1940,
National Maritime Union of America, herein called the N. M. U., filed
with the Board a written motion "for leave to withdraw its consent
to a run-off election . . . and to vacate or indefinitely suspend" the
Board's Direction of Run-off Elections. This motion was denied
by the Board on November 9, 1940. Pursuant to the Supplemental
Decision and Direction of Run-off Elections, an election by secret
ballot was conducted among the employees of Socony Vacuum Oil-,
Company and Standard Oil Company of New Jersey under the di-
rection and supervision of the Regional Director for the Second Region
(New York City). 'On February 3, 1941, the N. M. U. filed with the
Board a petition to "set, aside order of run-off elections, and to void
the balloting conducted in accordance therewith." This petition
was denied by the Board on February 14, 1941. On March 10, 1941,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly served upon the parties an Election Report
on the ballot conducted among the employees of -Standard Oil, Com-
pany of New Jersey.' No objections,to the conduct of the ballot or,
to the Election Report have been filed by any of the parties.
As to ,the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote------------------------------ 1,646
Total number of ballots cast------------------------------- 1, 388
Total number of valid ballots--------------------------- --- 1, 381
Total number of votes in favor of National Maritime Union of
America (C.I.O.)--------------------------------------- 667
Total number of votes in favor of Esso Tanker-Men's Asso-
ciation------------------------------------------------- 714
Total number of votes counted as blank--------------------- 6
Total number of votes counted as void------- --------------- 1
Total number of challenged votes----•----------------------- 0
1 23 N. L R. B 860.
2 27 N. L. R. B. 380.
= The results of the elections among the employees of Tidewater Associated Oil Company
are reported in Certification of Representatives issued on September 21, 1940, 27 N. L R. B.
378 The results of the election among the employees of Socony Vacuum Oil Company
are reported in Certification of representatives , issued on March 24 , 1941.
542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 13, 1941, the N. M. U. filed with the Board a petition
requesting that no Certification be issued upon the foregoing results
of the Run-off Election, and that the Board reconsider its denial of
the motion to vacate the Board's Direction of Run-off Elections filed
by the N. M. U. on November 1, 1940. The allegations set forth in the
petition are in substance similar to those contained in the motion and
petition' previously filed by the N. M. U. The petition is hereby
denied. On March 13, 1941, the N. M. U. also filed a petition request-
ing another investigation and certification of representatives among
the employees of Standard Oil Company of New Jersey. The peti-
tion is hereby dismissed.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS iIEREBY CERTIFIED that Esso Tanker Men's Association has
been designated and selected by a majority of the unlicensed personnel
employed in the deck, engine, and steward's departments, except wire-
less and radio operators, on vessels of Standard Oil Company of New
Jersey as their representative for the purposes of collective bargaining,
and that, pursuant to Section 9 (a) of the Act, Esso Tanker Men's
Association is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wage's,
hours of employment, and other conditions of employment.
MR. WILLIAM M. LEISERSON , dissenting :
For the reasons expressed in my dissenting opinion in Matter of
Coos Bay Lwmber Company ,4 I would not issue a certification herein.
*Matter of Coos , Bay Lumber Company and Lumber and Sawmill Workers Union Loam
No. 2573, 16 N. L. R. B. 476.
'30 N. L. R. B., No. 33a.