Aluminum Line

National Labor Relations Board - Board DecisionsDec 15, 1938

10 N.L.R.B. 672 (N.L.R.B. 1938)

In the Matter of ALUMINUM LINE, AMERICAN SOUTH AFRICAN LINE, INC., ANCHOR LINE, CUNARD WHITE STAR LINE, DONALDSON AT- LANTIC LINES ISTHMIAN STEAMSHIP COMPANY, FRENCH LINE, GULF PACIFIC LINES , LTD., HAMBURG-AMERICAN LINE NORTH GERMAN LLOYD, HOLLAND AMERICAN LINE, LUCKENBACH GULF STEAMSHIP Co., INC., GRACE LINE, MUNSON STEAMSHIP LINE, NIPPON YUSEN KAISHA LINES PAN-ATLANTIC STEAMSHIP CORPORATION, SCANDINA- VIAN-AMERICAN LINE, TAMPA INTER OCEAN STEAMSHIP Co., NOR- TON LILLY &' Co., PLANT LINE STEVEDORING CO., INC., E. S. BIN- NINGS, THE NEW YORK AND PORTO RICO STEAMSHIP COMPANY, 'LYKES BROS. RIPLEY S. S . Co., SOUTHERN STEVEDORING CO., T. SMITH &_SON, INC., VOGEMANN-GOUDRIAAN CO., INC., METROPOLI- TAN STEVEDORING CO., INC., AMERICAN BALTIC CHARTERING & SHIPPING CO., INC., LLOYD BRASILEIRO, ATLANTIC & GULF STEVE- DORES, INC., Ross & HEYN , INC., J. C. LIVERSEDGE STEAMSHIP AGENT, STRACIIAN SHIPPING COMPANY, OCEANIC STEVEDORING CO. OF LA., INC., GULF SHIPPING COMPANY TEXLA STEVEDORING CO., WATERMAN STEAMSHIP CORP.-RYAN STEVEDORING Co., ALFRED LE BLANC, INC., J. -P. FLORIO &'CO., TEXAS TRANSPORT & TERMINAL CO., INC., PAGE L'HGTE CO., LTD., JOHN B. HONOR '& CO., INC., MISSISSIPPI SHIP- PING CO.,, INC. GEO.- H.- KENT & SONS, INC., A. K. MILLER COM- PANY, 'INO., RICHARD MEYER COMPANY, NEW ORLEANS STEVEDORING Co., MURRAY, SHIPPING COMPANY, INC., EAST GULF STEVEDORING Co., INC., DELTA LINE and INTERNATIONAL LONGSHOREMEN AND 'WAREHOUSEMEN'S UNION In the Matter Of WATERMAN STEAMSHIP CORPORATION and INTER-' NATIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION In' the Matter 'of RYAN STEVEDORING COMPANY and INTERNATIONAL LONGSHQRMEN AND WAREHOUSEMEN'S UNION In the Matter of STRACHAN SHIPPIN G COMPANY and INTERNATIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION In the ' Matter of SWAYNE &- HOYT, LTD. and INTERNATIONAL LONG- SHOREMEN IAND WAREHOUSEMEN'S UNION In the Matter of NEW, ORLEANS STEAMSHIP ASSOCIATION and INTER- NATIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION In the Matter of MOOREMACK GULF LINES , INC. and INTERNATIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION 10 N. L. R. B., No. 52. 672 DECISIONS AND ORDERS 673 In the Matter of COASTAL FREIGHT HANDLERS, INC. and INTERNA- TIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION' ,In the Matter of UNITED FRUIT COMPANY and INTERNATIONAL LONG- SHOREMEN'S ASSOCIATION In the Matter of STANDARD FRUIT & STEAMSHIP COMPANY and INTER- NATIONAL LONGSHOREMEN'S ASSOCIATION In the Matter of GULF PORTS SERVICE CORPORATION and INTERNA- TIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION_ 'Cases Nos. R-870 to R-899, .inclusive, XV-R=198, R-900, I1'-,90X, R-90?, XV-R-202,â€¢R-903 to R-925, inclusive SECOND SUPPLEMENTAL DECISION AND ORDER- December 15, 1938 ' J' On September 29, 1938, the National Labor Relations ,Board, herein called the Board, issued a Decision, Direction of Elections and Order in the above-entitled case.' On October 7,' 1938, the Board issued an Amendment to its Decision and Direction of Elections.' Pursuant to the Direction of Elections, as amended, elections by secret ballot were conducted on October 14, 1938, by the'Regional Director for the Fifteenth Region. The results of the balloting showed that all the employees of Oceanic Stevedoring Company (of Louisiana), Inc.; herein called the Company, who voted at the elec- tion desired to bargain collectively with the Company but that they had accorded none of the rival unions a majority. The Regional Director reported in his supplemental Intermediate Report that the International Longshoremen and Warehousemen's Union, affiliated with the Committee for Industrial Organization, herein called the I. L. W. U., the labor organization which received the.greatest number of votes, had notified him that it desired a run-off election to be held. By Supplemental Decision and Direction of Election, dated No- vember 9, 1938,3 the Board, as part of the investigation authorized to ascertain representatives 'for 'the purposes of collective bargaining 18 N. L. R . B. 1325. '9 N. L.R.B 72. s 9 N. L. R. B. 74. 674 NATIONAL LABOR RELATIONS BOARD with the Company, directed the Regional Director for the Fifteenth Region, acting as agent for the Board, to conduct an election by secret ballot among the persons employed to do longshore work at the Port of New Orleansl by the Company, including longshoremen, sack sewers, and water boys, and excluding car loaders and ware- housemen who are not also employed as longshoremen, foremen paid on a monthly or weekly basis, superintendents, assistant superin- tendents, watchmen, timekeepers, paymasters, and clerks and check- ers, to determine whether or not they desire to be represented by the I. L. W. U. for the purposes of collective bargaining. Pursuant to the Supplemental Decision and Direction of Election, balloting was conducted on November 23, 1938. Full opportunity was accorded to the I. L. W. U. to participate in the conduct thereof and to make challenges. On November 26, 1938, the Regional Director issued his Interme- diate Report on the conduct of the ballot. No objections or excep- tions to the Intermediate Report have been filed by â€¢ any of the parties. As to the results of the secret ballot, the Regional Director re- ported the following : Number of eligible voters__________________________________ 83 Number of ballots cast_____________________________________ 58 Number of ballots cast for the I. L. W. U-------------------- 11 Number of ballots cast against the I. L. W. U________________ 47 Number of spoiled, protested, and blank ballots------------- 0 The results of the election show that no collective bargaining representative has been selected by a majority of the employees of the Company in the appropriate unit. The petition filed by the I. L. W. U. for investigation and certification of representatives of employees of the Company will therefore be dismissed. ORDER Pursuant to Article III, Sections 8 and 9, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, it is hereby ORDERED that the petition for investigation and certification of employees of Oceanic Stevedoring Company (of Louisiana), Inc., filed by International Longshoremen and Warehousemen's Union, be, and it hereby is, dismissed. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Second Supplemental Decision and Order.