Atlantic Basin Iron Works

National Labor Relations Board - Board Decisions

Apr 6, 1938

6 N.L.R.B. 441 (N.L.R.B. 1938)

fn the Matter of ATLANTIC BASIN IRON WORKS and INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA,
LOCAL No. 13
Case No. R-566
CERTIFICATION OF REPRESENTATIVES
April 6, 1938
On February 18, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 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 the production- and maintenance
employees of the Atlantic Basin Iron Works, herein called the
Company, excluding salaried persons in executive or supervisory
positions and snappers who do not work with tools, and also ex-
cluding timekeepers, clerical and office employees, janitors and jani-
tresses, draftsmen, and engineering department employees who are
engaged in technical or experimental work requiring special train-
ing or skill, who were named on the pay rolls of the Company
either for the week ending June 9, 1937, or for the week ending
September 22, 1937, to determine whether they desired to be repre-
sented by Industrial Union of Marine and Shipbuilding Workers,
of America, Local No. 13, affiliated with the Committee for Indus-
trial Organization, herein called Local 13, or by the American
Federation of Labor, herein called the A. F. of L., for the purposes
of collective bargaining, or by neither. On February 25, 1938, the
Board issued an Amendment to Direction of Election, which struck
from the Direction the words "within fifteen (15) days from the
date of this Direction" and substituted therefor the words "within
twenty-five (25) days from the date of this Direction." 2
Pursuant to the Direction as amended, an election by secret bal-
lot was conducted on March 7, 1938. Full opportunity was accorded
to all of the parties to this investigation to participate in the con-
duct of the secret ballot and to make challenges. On March 9, 1938,
Elinore M. Herrick, Regional Director for the Second Region (New
York City), acting pursuant to Article III, Section 9, of National
15N.L R.B 402.
2 5 N. L. R . B. 408.
441
442 NATIONAL LABOR RELATIONS BOARD
Labor Relations Board Rules and Regulations-Series 1, as amended,
issued her Intermediate Report Upon Secret Ballot, copies 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 number eligible--------------------------------------- 418
Total number of ballots cast-------------------------------- 279
Total number of ballots counted----------------------------- 275
Total number of votes in favor of Industrial Union of Marine
and Shipbuilding Workers of America, Local No. 13, affili-
ated with the Committee for Industrial Organization---_--- 236
Total number of votes in favor of the American Federation
of Labor------------------------------------------------- 26
Total number of votes for neither organization-------------- 13
Total number of blank ballots----------------------------- 0
Total number of void ballots-------------------------------- 3
Total number -of challenged ballots------------------------- 1
Subsequent to the service of the Intermediate Report, Marine
Local No. 277, International Brotherhood of Electrical Workers,
affiliated with the Marine Workers Metal Trades Council, herein
called Local 277, and Marine Workers Metal Trades District Council,
both Councils consisting of unions affiliated with the A. F. of L.,
filed protests objecting to the certification of Local 13. Having
found that the protests raised no substantial nor material issue, the
Regional Director' forwarded the Intermediate Report to Wash-
ington, D. C.
On March 22, 1938, Local 277 filed with the Board in Washington
objections to the Intermediate Report, stating that the electricians
and helpers employed by the Company, by virtue of their skill,
craftsmanship, and membership in Local 277, constitute a unit appro-
priate for the purposes of collective bargaining, and stating that
such employees who are members of Local 277 request that they and
all other electricians in the employ of the Company eligible to mem-
bership in Local 277 be set aside as a distinct unit for such purposes.
On the same, date, Local 277 also filed a petition alleging that a
question had arisen concerning the representation of electricians and
helpers employed by the Company, and requested an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449. -
At the hearing before the Trial Examiner on December 15 and 20,
1937, the Marine Workers Metal Trades Council, with which Local
277 is affiliated, was represented and sought a unit which included
electricians and helpers, along' with other production and mainte-
nance employees of the Company. Under these circumstances, we
shall dismiss the petition of Local 277 and overrule its objections to
the Intermediate Report.
DECISIONS AND ORDERS 443
On March 22, 1938, a motion was filed by the A. F. of L. on behalf
of Local 277 and other organizations affiliated with the Marine
Workers Metal Trades Council, requesting that the Board make "an
affirmative declaration that the certification made as a result of the
election on March 7 , 1938, does not include employees of subcon-
tractors, and that such employees shall be represented by the Union
selected by a majority in the appropriate unit". It is clear that the
Decision and Direction of Election , issued by the Board on February
18, 1938, and this Certification of Representatives are limited in their
scope to employees of the Company and do not apply to employees
of subcontractors , under contract with the Company . The motion
filed by the A. F. of L. therefore need not be considered and it is
hereby denied.
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, 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 Industrial Union of Marine and
Shipbuilding Workers of America, Local No. 13, affiliated with the
Committee for Industrial Organization, has been designated and
selected by a majority of the production and maintenance employees
of-Atlantic Basin Iron Works, Brooklyn, New York, excluding sal-
aried persons in executive and supervisory positions and snappers
who do not work with tools, and also excluding timekeepers, clerical
and office employees , janitors and janitresses , draftsmen , and engi-
neering department employees who are engaged in technical or
experimental work requiring special training or skill , as their repre-
sentative for the purposes of collective bargaining , and that, pur-
suant to the provisions of Section 9 (a) of the Act , Industrial Union
of Marine and Shipbuilding Workers of America, Local No. 13,
affiliated with the Committee for Industrial Organization, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages , hours of
employment , and other conditions of employment.