United Cities Gas Co.

National Labor Relations Board - Board Decisions

Feb 19, 1958

119 N.L.R.B. 1665 (N.L.R.B. 1958)

SOUTHEASTERN ILLINOIS GAS CO. 1665
Act • all production and maintenance employees at the Employer's
Memphis, Tennessee, plant, excluding office clerical employees, pro-
fessional and technical employees, watchmen, guards, and supervisors,
as defined in the Act.
[Text of Direction of Election omitted from publication.]
MEMBEiis RoDGEIis and FANNING took no part in the consideration
of the above Decision and Direction of Election.
Southeastern Illinois Gas Co. Division of United Cities Gas Co.
and Metrogas, Inc. and United Association of Journeymen
and Apprentices of the Plumbing and Pipefitting Industry of
the United States and Canada, Local 551, AFL-CIO, Petitioner.
Cases Nos. 14-RC-32I and 14-RC-3257. February 19, 1958
SUPPLEMENTAL DECISION, ORDER, AND DIRECTION
OF SECOND ELECTION
On November 25, 1957, the Board issued its Decision and Direction
of Election herein,' placing only the Petitioner on the ballot.' The
Petitioner had petitioned only for the Employer's service employees,
but upon the request of the Employer, and in accordance with Board
policy, the Board included construction employees or laborers in an
"all physical" employees unit.
On December 13, 1957, International Hod Carriers', Building and.
Common Laborers' Union of America, AFL-CIO, herein called the
Hod Carriers, requested a place on the ballot in the election which
was scheduled for December 17, 1957, requested a postponement of
the election to give the employees notice of its intervention, and in
support thereof submitted a showing of interest in the form of author-
ization and membership cards to support its requested intervention.
However, pending, an investigation of the Hod Carriers' showing of
interest and the compliance .status of its interested locals, the sched-
uled election was held as scheduled and the ballots were impounded.
It now appears that : (1) Some of the construction employees or
laborers are members of 3 Hod Carriers' locals; (2) the Hod Carriers
was not aware of this proceeding prior to December 13, 1957, but as
soon as it did become aware of this proceeding and the inclusion in the
unit of the construction employees or laborers it filed its request for
intervention and submitted its showing of interest; (3) its showing
of interest is timely and,adequate to support its requested mterven--
' Not reported in punted volumes of Board Decisions and Orders
2 The Petitioner was then the only labor organization- involved in this proceeding
119 NLRB No 206
476321-58-vol 119----106
1666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion; and (4) upon notice of the lapsed compliance with the filing
requirements of the Act of one of its interested locals, it thereafter
expeditiously effected a renewal of such lapsed compliance within a
reasonable time of 2 weeks.
In all of the circumstances , we are of the opinion that the Hod
Carriers is entitled to the requested intervention . Accordingly, we
shall set aside the election , and direct a second election placing the
Hod Carriers on the ballot in such election.
[The Board set aside the election held herein on December 17,
1957, and ordered the ballots cast therein destroyed.]
[Text of Direction of Second Election omitted from publication.]
MEMBERS BEAN and FANNING took no part in the consideration of
the above Supplemental Decision , Order, and Direction of Second
Election.
Ovaiwood Dish Corporation and United Brotherhood of Carpen-
ters & Joiners of America, AFL-CIO, Petitioner. Case No.
3-RC-1836. February 19, 1958
SECOND SUPPLEMENTAL DECISION, ORDER, AND
DIRECTION OF SECOND ELECTION
Upon a petition duly filed, a hearing was held in this case as the
result of which the Board,.on August 5, 1957, issued a Decision and
Order in which it remanded the case for further hearing on the issues;
and excluded A. H. Saul, the Petitioner's representative, from further
participation in the proceeding because of his misconduct at the
hearing.' After the further hearing, the Board issued a Supplemental
Decision and Direction of Election on October 11, 1957.2 Thereafter,
an election by secret :ballot was conducted- under the direction and
supervision of the Regional Director for the Third Region in the
unit found appropriate by the Board. A tally of ballots was issued
to the parties which shows that -of the 1.74 votes :cast, 86 were for the
Petitioner, 81 against, and 7. ballots were challenged. There were
no void ballots.
The Employer timely filed six objections to the election. ' Since the
challenges were sufficient in number to affect the results of the election,
the Regional Director investigated the challenged ballots' and the, ob-
jections and, on December 20, 1957, issued his consolidated- report on
objections and. challenges . He recommended that 6 of the challenges
i 118 NLRB 947.
2 Not reported in printed. volumes of Board Decisions and Orders.
119 NLRB No. 205.