Hutchinson & Co.

National Labor Relations Board - Board DecisionsMay 27, 1953

105 N.L.R.B. 25 (N.L.R.B. 1953)

HUTCHINSON & CO 25 HUTCHINSON & CO., BUCKEYE STEAMSHIP CO., PIONEER STEAMSHIP CO., AND INLAND STEEL CO. and UNITED STEELWORKERS OF AMERICA, CIO, Petitioner. Case No. 8-RC-1765. May 27, 1953 ORDER GRANTING MOTION IN PART and FURTHER AMENDING DECISION AND DIRECTION OF ELECTIONS and SECOND DIRECTION OF ELECTION On October 23, 1952, the Board issued a Decision and Direc- tion of Elections' in the above-entitled proceeding. An election was conducted pursuant thereto in unit (2), and on November 19, 1952, the Regional Director issued a certification of representa- tives. On March 11, 1953, the Board issued a Second Direction of Election in unit (1) and onMay6, 1953, an amendment there- to. On April 15, 1953, counsel for Pioneer Steamship Company, Buckeye Steamship Company, and Hutchinson & Company filed a motion for reconsideration requesting that the Board dismiss the petition for certification of representatives previously filed herein and require the filing of 2 distinct and separate petitions or in the alternative amend its Decision and Direction of Elec- tions by eliminating Hutchins on as an Employer and establishing 2 separate units for employees of Pioneer and Buckeye. On May 13, 1953, United Steelworkers of America, CIO, Petitioner herein, advised the board that it was agreeable to the establish- ment of separate units as alternatively requested in the motion for reconsideration. The Intervenor maintained its original position for a single unit of the employees of all Employers involved herein. The Board having duly consideredthe matter, decided to deny the request to dismiss the petition , but to grant the request to amend the Decision and Direction of Elections. Accordingly, IT IS HEREBY ORDERED that the aforesaid Decision and Direction of Elections be, and it hereby is, further amended by striking therefrom the last paragraph on page 95 and the first paragraph on page 96 and substituting therefor the follow- ing: (1) All unlicensed personnel on board all vessels owned and/or operated by Employer Pioneer Steamship Company, including wheelsmen and oilers with or without licenses, but excluding licensed officers, stewards, the conveyor- man, captains, first and second mates, and chief engineers on barges, boatswains, guards, professional employees, and supervisors as defined in the Act. (2) All unlicensed personnel on board all vessels owned and/or operated by Employer Buckeye Steamship Company, including wheelsmen and oilers with or without licenses, but excluding licensed officers, stewards, the conveyorman, captains , first and second mates, and chief engineers on 1101 NLRB 90, as amended on November 14, 1952. 105 NLRB No. 5. 26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD barges, boatswains , guards, professional employees, and supervisors as defined in the Act. (3) All unlicensed personnel on board all vessels owned and/or operated by Employer Inland , excluding licensed officers , stewards , boatswains , guards, professional em- ployees, and supervisors as defined in the Act. [Text of Order amending Direction of Elections = and Second Direction of Election omitted from publication.] By direction of the Board: Ogden W . Fields, Associate Executive Secretary. t The amendments made with respect to Employer Inland are for record purposes only since an election has been conducted among the employees of Employer Inland and a cer- tification of representatives issued by the Regional Director on November 19, 1952. THE EMERSON ELECTRIC MANUFACTURING COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 1, AFL, Petitioner . Case No. 14- RC-1969 . May 27, 1953 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES On March 13 , 1953, pursuant to a Decision and Direction of Election dated February 19, 1953 , but not reported in printed volumes of Board decisions , an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Fourteenth Region among the employees of the Employer in the unit found appropriate by the Board . Following the election, a tally of ballots was furnished to the parties. The tally showed that of 51 valid votes counted, 27 were for the Petitioner , 24 for the Intervenor , and none was challenged. Both the Employer and the Intervenor filed objections to the elec- tion. On April 3 the Regional Director filed his report on objec- tions finding that the Employer ' s objections were untimely because received 7 minutes after the official close of business at the Regional Office on March 20, the last day for filing ob- jections , but that if timely , they were in the nature of postelec- tion challenges and therefore raised no substantial issue. The Intervenor 's objections he found untimely because not received until March 23 , 1953. Both the Employer and the Intervenor duly filed exceptions to this report with the Board . After due consideration , the Board issued its Order of April22 directing 105 NLRB No. 42.