42 N.L.R.B. 927 (N.L.R.B. 1942)

Union Oil Co. of California

National Labor Relations Board - Board DecisionsJul 27, 1942

42 N.L.R.B. 927 (N.L.R.B. 1942)

In the Matter Of UNION OIL COMPANY OF CALIFORNIA and NATIONAL ORGANIZATION OF MASTERS, MATES & PILOTS OF AMERICA, A F. L Case No. R-4056-Decided July 07,1942 Practice and Procedure , petition dismissed where results of an election, held, pursuant to ^ stipulation for ceitification upon consent election , show that no repiesentatiie has been selected by a majolity of the employees in the appro- priate unit Mrs Alice 31 Rosseter, for the Board Mr Win L Stewan, Jr, for the Company. Mr C F May, of San Francisco, Calif , for the Union Mr George A Koplow, of counsel to the Board. - DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filed by National Organization of Masters, Mates & Pilots of America, A F L, herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Union Oil Company of California, herein called the Company, a California corporation with its principal office and place of business at Los Angeles, California, engaged in the business of producing. refining, and marketing petroleum and its products, the National Labor Relations Board provided for an appropriate hearing upon due notice On January 12, 1942, before a hearing was held, the Company, the Union, and the Regional Director for the Twentieth Region (San Francisco, California) entered into a "Stipulation for Ceitification Upon Consent Election".' Pursuant to the stipulation, an election by secret ballot was con- ducted from March 1, 1942 to July 13, 1942, under the direction and supervision of the Regional Director, among all licensed officers em- ployed by the Company on its tankers, to determine whether or not they desired to be i epi esented by the Union. On July 13, 1942, the Regional Director issued and duly served upon the parties an Election Report on the ballot No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties 42 N L R B, No 174 927 928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the ballot and its results, the Regional Director reported as follows : Total number eligible to vote________________________________ 43 Number of votes for, National Organization of Masters, Mates & Pilots of America, A F L__________________________________ 14 Number of votes against National Organization of Masters, Mates & Pilots of America, A F L_________________________ 16 Total number of votes counted______________________________ 30 Number of blank ballots_____________________________________ 1 Number of void ballots_____________________________________ 0 Number of Challenged ballots ------ ------------------------ 0 The results of the election show that no collective bargaining repre- sentative has been chosen by a majority of the employees in the bar- gaining unit herein found to be appropriate The petition for inves- tigation and certification of representatives will therefore be dismissed. Upon the basis of the stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Union Oil Company of California, Los Angeles, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All licensed officers employed by the Company on its tankers constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. ORDER By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations 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 ORDERED that the petition for investigation and certifica- tion of representatives of employees of Union Oil Company of Cali- fornia, Los Angeles, California, filed by National Organization of Masters, Mates & Pilots of American, A. F L , be, and it hereby is dismissed. MR Wm M LEIsERsoN took no part in the consideration of the above Decision and Order.