Atlantic Basin Iron Works, Inc.

National Labor Relations Board - Board Decisions

Feb 10, 1947

72 N.L.R.B. 508 (N.L.R.B. 1947)

In the Matter of ATLANTIC BASIN IRON WORKS, INC., EMPLOYER and
LOCAL 39, INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS
OF AMERICA, CIO, PETITIONER
Case No. 2-R-6982
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
February 10, 19/1.7
Pursuant to the Board's Decision and Direction of Election issued
herein on December 12, 1946,1 an election by secret ballot was held on
January 9, 1947, under the direction and supervision of the Regional
Director for the Second Region (New York City). In his Report
on the Election issued on January 16, 1947, the Regional Director set
forth, inter alia, that the Employer notified the Regional Office on
December 21, 1946, that it would take "no part in carrying out the
Board's Direction of Election"; that the Employer in fact failed to
cooperate with the Regional Office by refusing to submit pay-roll data
of employees eligible to vote in the election and by failing to indicate
whether or not it had posted notices of the election in accordance with
the Regional Office's request; and that only 1 of approximately 22
eligible voters participated in the election. The Regional Director
found that no representative vote was had in view of the above and
thereupon recommended that the election be set aside and a new election
directed. None of the parties has filed exceptions to this Report.
Inasmuch as no exceptions have been filed to the Regional Director's
Report, we shall adopt this Report and, in accordance with the recom-
mendations therein, we shall annul the election held on January 9, 1947,
and direct that a new election be held among the employees in the
appropriate unit.
ORDER
IT IS HEREBY ORDERED that the election held on January 9, 1947,
among the employees of Atlantic Basin Iron Works, Inc., Brooklyn,
New York, be, and it hereby is, vacated and set aside.
171 N. L R B 973.
72 N. L. R. B., No. 93.
508
ATLANTIC BASIN IRON WORKS, INC. 509
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Atlantic Basin Iron Works, Inc.,
Brooklyn, New York, an election by secret ballot shall be conducted as
early as possible, but not later than thirty (30) days from the date of
this Second Direction, under the direction and supervision of the
Regional Director for the Second Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Sections
203.55 and 203.56, of National Labor Relations Board Rules and Regu-
lations-Series 4, among the employees in the unit found appropriate
in Section IV, of the Decision and Direction of Election, who were
employed during the pay-roll period immediately preceding the date
of this Second Direction, including employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but exclud-
ing those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Local 39,
Industrial Union of Marine and Shipbuilding Workers of America,
CIO, for the purposes of collective bargaining.
MR. JAMES J. REYNOLDS, Jii., took no part in the consideration of
the above Supplemental Decision, Order, and Second Direction of
Election.