Alabama Drydock & Shipbuilding Co.

National Labor Relations Board - Board Decisions

May 2, 1938

7 N.L.R.B. 9 (N.L.R.B. 1938)

In the Matter of ALABAMA DRYDOCK & SHIPBUILDING CO. and INDUS-
TRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA,
LOCAL No. 18
In the Matter of ALABAMA DRYDOCK & SHIPBUILDING Co. and LOCAL
METAL TRADES COUNCIL OF MOBILE, ALABAMA
Cases Nos. R-472 and R-173
CERTIFICATION OF REPRESENTATIVES
May 2, 1938
On February 8, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in
the above-entitled case. The Direction of Election provided that an
election by secret ballot be held within fifteen (15) days from the
date of the Direction among all persons, other than clerical and
office workers, draftsmen, checkers, timekeepers, leadermen paid on
a salary basis, foremen and other supervisory officials, whose names
appeared upon the pay rolls of Alabama Drydock and Shipbuilding
Company, Mobile, Alabama, for the weeks ending June 16, 1937, to
October 13, 1937, inclusive, as having earned wages during any week
for work in the port of Mobile, Alabama, to determine whether they
desired to be represented by the Industrial Union of Marine and
Shipbuilding Workers of America, Local No. 18, or by the Local
Metal Trades Council of Mobile, Alabama, for the purposes of
collective bargaining, or by neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on February 23, 1938. Full opportunity was accorded to all
of the parties to this investigation to participate in the conduct of
the secret ballot and to make challenges. On February 25, 1938,
Charles H. Logan, Regional Director for the Fifteenth Region (New
Orleans, Louisiana), acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, issued his Intermediate Report on Secret Ballot, copies
15 N. L. R . B. 149.
9
10 NATIONAL LABOR RELATIONS BOARD
of which were duly served upon all parties to the proceeding. As
to the balloting and its results, the Regional Director reported as
follows :
Total Eligible Voters------------------------------------- 1,797
Total Ballots Cast--------------------------------------- 1,309
Total Void Ballots--------------------------------------- 3
Total Blank Ballots-------------------------------------- 0
Total Challenged Ballots----------- --------------------- 20
Total Ballots Counted------------------------------------ 1,286
Total Ballots for Industrial Union of Marine & Shipbuilding
Workers of America, Local No. 18----------------------- 794
Total Ballots for Local Metal Trades Council of Mobile,
Alabama----------------------------------------------- 454
Total Ballots for Neither Union-------------------------- 38
On February 28, 19,38, the Local Metal Trades Council of Mobile,
Alabama, filed with the Board a petition setting forth objections to
the election and alleging in the main that the Industrial Union of
Marine and Shipbuilding Workers of America, Local No. 18, had
been guilty of improper and illegal campaigning and electioneering
prior to and during the balloting; that an agent of the Board, while
in the City of Mobile for the purpose of investigating a contract be-
tween the International Longshoremen's Association, likewise an A. F.
of L. affiliate, and the Contracting Stevedores at the Port of Mobile,
had, without cause or authorization, gone to the plant of the Alabama
Drydock and Shipbuilding Company and made representations to
many employees of the Company derogatory to A. F. of L. unions
generally; and that the Metal Trades Council was illegally prejudiced
in the election by the aforesaid. The Board's agent denies that he
either went to the plant of the Alabama Drydock and Shipbuilding
Company or had any contact whatever with any of its employees
during the course of his presence in Mobile. The Board finds that
the allegations with respect to the activities of its agent are without
merit. With respect to the allegations of improper activity on the
part of the Industrial Union the Board requested more specific evi-
dence and information. In response to this request, the Metal
Trades Council sent a supplementary petition with accompanying
affidavits and other evidence to the Regional Director on April 16,
1938. After careful consideration of the petition, the supplementary
petition, and the supporting evidence, the Board is of the opinion
that the evidence before it does not substantiate the contention con-
tained in the allegations of the Metal Trades Council that it was
illegally prejudiced in the election by the acts of which it complains.
The Board finds accordingly.
DECISIONS AND ORDERS 11
On March 3, 1938, Alabama Drydock and Shipbuilding Company
filed a protest and objection to the election with the Regional Direc-
tor. The Board has considered such protest and objection and finds
that it raises no substantial issues and is without merit.
Upon the entire record the Board concludes that the results of the
ballot reasonably reflect the independent wishes of the majority of
the employees who cast ballots in said election.
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 and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT Is HEREBY CERTIFIED that the Industrial Union of Marine and
Shipbuilding Workers of America, Local No. 18, has been designated
and selected by the majority of all persons, other than clerical and
office workers, draftsmen, checkers, timekeepers, leadermen paid on a _
salary basis, foremen and other supervisory officials, whose names
appeared upon the pay rolls of Alabama Drydock and Shipbuilding
,Company, Mobile, Alabama, for the weeks ending June 16, 1937, to
,October 13, 1937, inclusive, as having earned wages during any week
for work in the port of Mobile, Alabama, and who cast ballots in the
election conducted by the agents of the National Labor Relations
Board on February 23, 1938, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the National Labor Relations Act, Industrial Union of Marine and
`Shipbuilding Workers of America, Local No. 18, is the exclusive
representative of all employees of Alabama Drydock and Shipbuilding
Company, Mobile, Alabama, other than clerical and office workers,
draftsmen, checkers, timekeepers, leadermen paid on a salary basis,
foremen and other supervisory officials, for the purposes of collective
`bargaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.