The West Indian Co., Ltd.

National Labor Relations Board - Board Decisions

Jan 6, 1961

129 N.L.R.B. 1203 (N.L.R.B. 1961)

THE WEST INDIAN CO., LTD. 1203
The West Indian Co., Ltd . and Teamsters, Chauffeurs, Ware-
housemen and Helpers Union , Local 901, I.B . of T.C.W. and H.
of America , Petitioner. Case No. 24-I?C-1493. January 6,1961
DECISION ON APPEAL
On August 19,1960, the Petitioner filed a petition with the Regional
Director for the Twenty-fourth Region, subsequently amended on
August 31, 1960, seeking an election in a unit of all autogarage and
gas station employees, mechanics and helpers, and gas station attend=
ants employed at the Employer's multiple operations located at Char-
lotte Amalie, Virgin Islands. On September 9, 1960, the Regionaf
Director dismissed the petition on the ground that the petition was
not filed in timely manner. Pursuant to the Board's Rules and Regu-
lations, the Petitioner filed an appeal from the Regional Director's
dismissal of the petition, asserting in substance that the Department
of Agriculture and Labor of the Virgin Islands was without jurisdic-
tion to proceed with respect to the Employer's operations, and that
the Regional Director therefore erroneously ruled that in the light of
these proceedings, the present petition was untimely filed with this
Board. For the reasons set forth hereinafter, the Regional Director's
dismissal of the petition is sustained.
OPINION
The issue presented by this appeal is whether the certification of
the Commissioner of Agriculture and Labor of the Virgin Islands
granted to the Virgin Islands Labor Union Local 1812, AFL-CIO, is
a bar to the petition filed in this proceeding.
The facts indicate that both the Petitioner and Virgin Islands Labor
Union Local 1812, AFL-CIO, filed petitions on July 28, 1960, at
approximately the same time with the Virgin Islands Department of
Agriculture and Labor under the law therein provided by the Virgin
Islands Code, and that both participated on the ballot. It appears
further that Virgin Islands Labor Union Local 1812, AFL-CIO,
received a majority of the valid votes cast, and was certified as the
exclusive bargaining representative. On August 12, 1960, that Union
and the Employer entered into a collective-bargaining agreement,
which is currently in effect. On August 19, 1960, the Petitioner,
although it lost in the aforesaid election, filed a petition with this
Board.
It further appears that, although the challenge procedures of the
Virgin Islands do not conform to the Board's, the parties voluntarily
participated in an election, and that such election was conducted with-
out substantial deviation from due process requirements. The Board
concludes that, in view of the above circumstances, the dismissal of
the instant petition was in accord with the Board's policy of attribut-
129 NLRB No. 143.
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing the same effect to elections conducted by responsible State agencies
as to elections conducted by the Board, where, as here, such elections
afford the employees involved an opportunity to express their true
desires as to a collective-bargaining agent, and are not attended by
irregularities. As the election conducted by the Virgin Islands agency
was conducted within the last 12 months, the Regional Director was
warranted in dismissing the petition. See Bluefield Produce d Pro-
vision Company, 117 NLRB 1660, 1663; Olin Mathieson Chemical
Corporation, 115 NLRB 1501. We conclude, accordingly, contrary
to the contention of the Petitioner, that in dismissing the petition
herein, the Regional Director properly applied these principles.
MEMBER KIMBALL, dissenting:
I dissent from the determination of the majority to adhere, in this
case , to its practice of recognizing an election conducted by a State
or Territorial agency within the 12-month limitation of Section
9(c) (3). Noting that the Board clearly has jurisdiction in this case,'
I rely upon Section 4 (a) of the Rules and Regulations of the Labor
Relations Act, Title 24, Chapter 3, Virgin Islands Code, which pro-
vides that the "Commissioner [of the Virgin Islands Department of
Agriculture and Labor] shall not assume jurisdiction in any certifica-
tion affecting businesses trading in interstate commerce when the Na-
tional Labor Relations Board has jurisdiction." I would, therefore,
conclude that the election and subsequent certification issued by the
Commissioner were null and void ab initio. I would further find that,
even if the election held by the Commissioner were otherwise valid
under the laws of the Virgin Islands, the Board's Decision in Blue-
field Produce & Provision Company, 117 NLRB 1660, 1663, is dis-
tinguishable from the instant case on the ground that, in that case, it
was not contended by any party that the election therein was attended
with any irregularities, whereas in this case the appellant contends,
inter alia, that the unit was arbitrarily determined; there was no
advance agreement as to voting eligibility, as required by the Virgin
Island statute; and challenged, but not properly identified, ballots
were arbitrarily allowed to be counted. I would, therefore, overrule
the Regional Director' s dismissal of the petition.
'Floridan Hotel of Tampa, Inc., 124 NLRB 261; Southwest Hotels , Inc, 126 NLRB
1151, and Section 2(6) of the Act.
Westinghouse Electric Corporation , Sharon Transformer Divi-
sion and Sharon Westinghouse Employees Association, Peti-
tioner. Case No. 6-RC-2631. January 6, 1961
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Joseph Mark Maurizi, hear-
129 NLRB No. 132.