Tide Water Associated Oil Co.

National Labor Relations Board - Board Decisions

Jul 13, 1951

95 N.L.R.B. 174 (N.L.R.B. 1951)

174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
during the morning period, but did not deny her an opportunity to
cast a challenged ballot if she so desired. The erroneous omission of
her name was thereafter corrected by agreement of the parties, and
she cast an unchallenged ballot during the afternoon voting period.
The Employer does not except to these factual findings. We find that
the action of the Board agent was proper under the circumstances.
We shall overrule the objection.
As the tally of ballots shows that the Petitioner has received a ma-
jority of the valid votes cast, and as the challenged ballots are not
sufficient in number to affect the results of the election, we shall certify
the Petitioner.
Certification of Representatives
IT IS HEREBY CERTIFIED that Retail Clerks International Association
Local No. 1059, AFL, has been designated and selected by a majority
of the employees in the unit described in paragraph numbered 4, above,
as their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (a) of the Act, Retail Clerks International
Association Local No. 1059, AFL, is the exclusive representative of
all such employees for the purposes of collective bargaining with re-
^pect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
TIDE WATER ASSOCIATED OIL COMPANY and OIL WORKERS INTERNA-
TIONAL UNION, CIO . Case No. 20-CA-170. July 13, 1951
Order Dismissing Complaint
On June 28, 1949, the General Counsel issued a complaint against
the Respondent in the above-entitled proceeding alleging that the
Respondent had engaged in and was engaging in unfair labor prac-
tices within the meaning of the Act. On various dates between
October 25 and November 10, 1949, a hearing in this proceeding was
held before Trial Examiner Peter F. Ward. A further hearing was
held before the Trial Examiner on June 5, 1950. On October 10,
1950, the Trial Examiner issued his Intermediate Report making
certain findings, conclusions, and recommendations. Thereafter, the
Respondent, the Union, and the General Counsel filed exceptions to
the Intermediate Report and supporting briefs.
On May 25, 1951, the Respondent filed with the Board and duly
served upon the parties a separate document in which it renewed the
motion to dismiss the complaint in its entirety which it initially made
at the hearing. No responses were received from the parties in opposi-
tion to the motion. The motion is grounded in substance upon the
95 NLRB No. 33.
CUMME:R-GRAHAM COMPANY 175
allegation that the Congress of Industrial' Organizations, with which
as. slot in -compliance' with ;thet-he`Icharging Union was affiliated; w '
filing requirement of Section 9 (h) of the Act at the time of the issu-
ance of the complaint.
In accordance with the rulings of law contained in N. L. R. B. v.
Highland Park Manufacturing Company, 71 S. Ct. 758, and
N. L.;R. B.: v. J. I. Case Compa;zy, 189 F. .2d:,59.9 (C. A:8),,.^and
the basis of ourr administrative determination of the fact that the
Congress of Industrial Organizations, with which the charging,Union
was affiliated, was not in compliance with;the filing requirements of
Section 9 (f), (g), and (h) of the Act when the complaint was issued
in this proceeding, we shall grant the Respondent's motion to dismiss.
Order
IT IS HEREBY ORDERED that the complaint herein be, and it hereby
is, dismissed.
CUMMER-GRAHAM COMPANY and INTERNATIONAL WOODWORKERS OF
AMERICA, CIO. Cases Nos. 16-C-1540 and 16-C-1541. July
13, 1951
Order Vacating Decision and Dismissing Complaint
On June 30, 1950, the Board issued a Decision and Order in the
above-entitled proceeding.1 Thereafter, on May 14, 1951, the United
States Supreme Court, 'in N. L. R. B. v. Highland Park Manufactur-
ing Company, determined that the terns "national or international
labor organization" as used in Section 9 (h) of the Act encompasses
parent federations. Accordingly, the Board, on June 12, 1951, issued
a notice to show cause why its Decision and Order herein should not
be vacated, and the complaint dismissed, because the Congress of In-
dustri,tl Organizations had not met the filing requirements of. Section
9 (h) of the Act at the time the complaint issued.
On July 2, 1951, the International Woodworkers of America, CIO,
filed a response to the notice to show cause. The Board has consid-
ered this response; and finds that sufficient cause has not been shown
why the Decision and Order should not be vacated and the complaint,
issued on November 2, 1948, dismissed. Accordingly,
IT IS HEREBY ORDERED that the aforesaid .Decision and Order be,
and it hereby is, vacated and set aside; and
90 NLRB 722.
95 NLRB No. 32.