Federal Shipbuilding and Dry Dock Co.

National Labor Relations Board - Board Decisions

Apr 3, 1940

22 N.L.R.B. 686 (N.L.R.B. 1940)

In the Matter of FEDERAL SHIPBUILDING AND DRY DOCK COMPANY and
INDUSTRIAL UNION OF MARINE & SHIPBUILDING WORKERS OF
AMERICA, LOCAL No. 16
Case No. R-1573
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 3, 1940
On January 11, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.) On February 8, 1940, the Board issued
an Amendment to Decision and Direction of Election.2 Pursuant to
the Direction of Election, as amended, elections by secret ballot were
conducted on February 27, 1940, under the direction and supervision
of the Regional Director for the Second Region (New York City).
On March 1, 1940, the Regional Director, acting pursuant to
Article,III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties an Election Report. No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.8
As to the balloting and its results, the Regional Director reported
as follows :
Group (a)
Total Number Eligible to Vote------------------------ 6,075
Total Number of Ballots Cast------------------------- 5,652
Total Number of Valid Ballots------------------------- 5,639
Total Number of Votes in favor of Shipyard Employees
Association (S. E. A.) ------------------------------ 693
Total Number of Votes in favor of Local 16, Industrial
Union of Marine & Shipbuilding Workers of America,
C. I. 0.--------------------------------------------- 4,683
119 N. L. R B. 313.
2 20 N L R. B. 270.
3 Nor has the Company filed a request for further hearing, in accordance with permission
granted in the Amendment to Decision and Direction of Election, on the issue of whether
or not watchmen and guards are entitled to representation by the unions here involved.
22 N. L. R. B., No. 32.
686
FEDERAL SHIPBUILDING AND DRY DOCK COMPANY 687
Group (a)-Continued. ..
Total Number of Votes in favor of neither union-------- 263
Total Number of Blank Votes------------------------- 9
Total Number of Void Ballots------------------------- 4
Total Number of Challenged Votes-------------------- 0
Group (b):
Total Number Eligible to Vote------------------------- 67
Total Number of Ballots Cast------------------------- 58
Total Number of ' Valid Ballots------------------------ 58
Total Number of Votes in favor of Shipyard Employees
Association (S. E. A.) 3
Total Number of Votes in favor of Local 16, Industrial
Union of Marine & Shipbuilding Workers of America,
C. I. 0.--------------------------------------------- 45
Total Number of Votes in favor of neither union-------- 10
Total Number of Blank Votes-------------------------- 0
Total Number of Void Ballots-------------------------- 0
Total Number of Challenged Votes--------------------- 0
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDING OF FACT
In the Amendment to Decision and Direction of Election previously
referred to, the Board made no final determination pending the
election as to whether each of the above groups alone, or both to-
gether, should constitute the appropriate unit or units, but stated :
"In the event that a majority of the employees voting in each of these
classifications choose the same labor organization, the employees
within both classifications will be combined to constitute a single unit
for purposes of collective bargaining."
We find that the' production and maintenance employees of Federal
Shipbuilding and Dry Dock Company, Kearny, New Jersey, includ-
ing leaders performing manual work, watchmen, and guards, but
excluding superintendents, assistant superintendents, foremen,
assistant foremen, subforemen, leading men, leaders working ex-
clusively as supervisors, office and clerical employees, constitute a
unit appropriate for the purposes of collective bargaining and that
said unit will insure to employees of Federal Shipbuilding and Dry
Dock Company, Kearny, New Jersey, the full benefit of their right
to self-organization and to collective bargaining and otherwise
effectuate the policies of the National Labor Relations Act.
SUPPLEMENTAL CONCLUSION OF LAW
The production and maintenance employees of Federal Shipbuild-
ing and Dry Dock Company, Kearny, New Jersey, including leaders
performing manual work, watchmen, and guards, but excluding
superintendents, assistant superintendents, foremen, assistant fore-
688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men, subforemen, leading men, leaders working exclusiley as super-
visors, office and clerical employees, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections &
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended,
IT IS HEREBY CERTIFIED that Industrial Union of Marine & Ship-
building Workers of America, Local No. 16, affiliated with the
Congress of Industrial Organizations, has been designated and
selected by a majority of production and maintenance employees of
Federal Shipbuilding and Dry Dock Company, Kearny, New Jersey,
including leaders performing manual work, watchmen, and guards,
but excluding superintendents, assistant superintendents, foremen,
assistant foremen, subforemen, leading men, leaders working ex-
clusively as supervisors, office and clerical employees, as their repre-
sentative for the purposes of collective bargaining, and that, pur-
suant to Section 9 (a) of the National Labor Relations Act, Industrial
Union of Marine & Shipbuilding Workers of America, Local No. 16,
affiliated with the Congress of Industrial Organizations, is the ex-
clusive 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.