John I. Hay Co.

National Labor Relations Board - Board DecisionsJul 7, 1942

42 N.L.R.B. 109 (N.L.R.B. 1942)

In the Matter of JOHN I . HAY Co and RIVER BOATMEN 'S UNION (INDEPENDENT) In the Matter Of MARINE -TRANSIT COMPANY and RIVER BOATMEN'S UNION ( INDEPENDENT) In the Matter of A . L. MECPILING BARGE LINE and RIVER BOATMEN'S UNION ( INDEPENDENT) Cases Nos. R-3567, R-3568, and R-3569, respectively SECOND SUPPLEMENTAL DECISION DIRECTION AND CERTIFICATION OF REPRESENTATIVES July 7, 19412 On April 29, 1942, the National Laboi Relations Board issued a Decision and Direction of Elections in the above-entitled proceed- ings,' and on May 20, 1942, an Aniendment to Direction of Elections,2 and on May 27, 1942, a Supplemental Decision and Second Amend- ment to Direction of Elections 3 Puisuant to the Direction ,of Elec- tions, as amended, elections by seciet-ballot were conducted between the dates of May 28 and June 13, 1942, under the direction and supervision of the Regional Director foi the Thuteenth Region (Chi- cago, Illinois) On June 19, 1942, the Regional Dneetor,, 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. As to the balloting and its results, the Regional Director reported as follows : 3 40 N L R B 1022 241 N L R B 154 3 41 N L R B 155 42 N. L R B, No 32. 109 110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I John I Hay Co a Licensed personnel Number eligible------------------------------------------- 13 Number of ballots cast----------------------------------- 12 Number of blank ballots---------------------------------- 0 Number of void ballots--------------------------------- 0 Number of ballots challenged (not opened) ---------------- I Number of valid ballots counted--------------------------- 11 Number of valid ballots counted plus unopened challenged ballots------------------------------------------------- 12 Number of valid ballots necessary for majority------------ 7 Number of valid ballots cast for River Boatmen's Union (Independent) ----------------------------------------- 4 Number of valid ballots cast for National Organization of Masters, Mates, and Pilots of America, Local No 28, A F L------------------------------------------------ 7 Numbei of valid votes cast for neither--------------------- 0 b Unlicensed personnel Number eligible ------------------------------------------ it of bal ots cast ---------------------------- 6 Number of blank ballots---------------------------------- 0 Number of void ballots----------------------------------- 0 Number of ballots challenged (not opened) ----------------- 1 Number of valid ballots counted-------------------------- 5 Number of valid ballots counted plus unopened challenged ballots------------------------------------------------- 6 Number of valid ballots necessary for majority------------ 4 Number of valid ballots cast for River Boatmen's Union (Independent) ----------------------------------------- 3 Numbei of valid ballots cast for Tug Firemen, Linemen, and Oilers Protective Association of America, affiliated with the International Longshoremen's Association, A F of L-- 1 Number of valid ballots cast for neither-------------------- -- --- 1 lI Marine Transit Company a Licensed personnel Number eligible------------------------------------------ 5 Number of ballots cast------------------------------------ 5 Number of blank ballots---------------------------------- 0 Number of void ballots------------------------------------- 0 Number of ballots challenged (not opened) ---------------- 0 Number of valid ballots counted-------------------------- 5 Number of valid ballots counted plus unopened challenged ballots------------------------------------------------- 5 Number of valid ballots necessary for majority------------- 3 Number of valid ballots cast for River Boatmen's Union (Independent) ----------------------------------------- 5 Number of i alid ballots cast for National Organization of Masters, Mates, and Pilots of America, Local No 28, A F L------------------------------------------------ 0 Number of valid ballots cast foi neither---------------- -- 0 5 c JOHN I HAY CO. 111 b Unlicensed personnel Numbei eligible------------- ---------------------- 5 Number of ballots cast----------------------------------- 5 Number of blank ballots----------------------------------- 0 Number of void ballots--- ------------------------------- 0 Number of ballots challenged (not opened) ---------------- 0 Number of Valid ballots counted--------------------------- 3 Numbei of Valid ballots counted plus unopened challenged ballots------------------------------------------------- 5 Numbei of Valid ballots necessary for majority------------- 3 Number, of valid ballots cast for River Boatmen's Union (Independent) ----------------------------------------- 5 Number of valid ballots cast for Tug Firemen, Linemen, and Oilers Piotective Association of America, affiliated with the International Longshoremen's Association, A F of L_- 0 Numbei of valid ballots cast for neither__________________ 11 III A L 1\Iechling Barge Line a Licensed personnel Number eligible------------------------------ I----------- 36 Number of ballots cast------------------------------------ 32 Numbei of blank ballots ---------------------------------- 0 Number of void ballots------------------------------------ 0 Number of ballots challenged (not opened) ---------------- 1 Nuinbei of valid ballots counted--------------------------- 31 Number of valid ballots counted plus unopened challenged ballots------------------------------------------------- 32 Numbei of Valid ballots necessary for majority------------ 17 Numbei of valid ballots cast far River Boatmen's Union (Independent) ----------------------------------------- 21 Numhei of valid ballots cast for National Organization of Masters, Mates, and Pilots of America, Local No 28, A F L------------------------------------------------ 5 Numhei of N alid ballots cast for neither ------------------- 5 b Unlicensed personnel Number eligible------------------------------------------ 41 Number of ballots cast----------------------------------- 29 Number of blank ballots--------------------------------- 1 Number of void ballots----------------------------------- 0 Numbei of ballots challenged (not opened) ---------------- 2 Number of valid ballots counted--------------------------- 26 Numbei of valid ballots counted plus unopened challenged ballots-------------------------------------=----------- 28 Number of valid ballots necessary for majoiity------------- 15 Number of valid ballots cast foi River Boatmen's Union (Independent) ----------------------------------------- 22 Numhei of valid ballots cast foi Tug Firemen, Linemen, and Oilers Protective Association of Ameirca, affiliated with the International Longshoremen's Association, A F of L-- 3 Numbei of valid ballots cast for neither-------------------- 1 Henry McComas voted in both elections among employees of John I Hay Co, and his ballot in each case was challenged by the 112 â€¢ DECISIONS OF NATIONAL LABOR RELATIONS BOARD iepiesentative of the Regional Director conducting the elections The Regional Director has reported that McComas is canned on the pay roll of the Hay Co as a deckhand and has always been so classified although he claims to be licensed as a mate. The Regional Director recommended that McComas ' ballot in the election among licensed personnel be not counted and that his ballot in the election among unlicensed personnel be counted No objections have been made to the Regional Director 's recommendation , and we hereby adopt it. Since the results of the election among the unlicensed personnel may be affected by McComas ' ballot, we shall direct that the Regional Director open and count said ballot and thereafter piepare and serve on the parties a Supplemental Election Report DIRECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Laboi Relations Act, 49 Stat 449, and pursuant to Article III, Sections-8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, it is hereby DIRECTED that, as pait of the investigation to ascertain representa- tives for the purposes of collective bargaining with John I Hay Co , Chicago, Illinois, the Regional Directoi foi the Thirteenth Region (Chicago, Illinois ) shall , pursuant to said Rules and Regulations, and subject to Article III, section 9, thereof , within ten ( 10) days from the date of this Direction , open and count the ballot of Heniy McComas cast in the election among the unlicensed personnel of John I. Hay Co, and thereafter prepaie and cause to be served upon the parties a Supplemental Election Report, embodying therein his findings and recommendations as to the results of the secret ballot 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 Rela- tions Act , 49 Stat 449 , and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that National Organization of Masteis, Mates, and Pilots of America, Local No 28, affiliated with the Amei i - can Federation of Labor, has been designated and selected by a ma- jority of all licensed personnel of John I. Hay Co, Chicago, Illinois, on the river towboats Stark D. WIzitenav , Edward TV . Bzlliorzz, and Chicago Bridge, as their representative for the purposes of collec- tive bargaining , and that, pursuant to Section 9 (a) of the National Labor Relations Act, National Organization of Masters , Mates, JOHN I. HAY CO 113 and Pilots of America , Local No 28, affiliated with the American Federation of Labor , is the exclusive representative of all such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages , hours of employment , and other conditions of employ- ment; IT IS FURTHER CERTIFIED that River Boatmen's Union ( Independent) has been designated and selected by a majority of all licensed per- sonnel of Marine Tiansit Company , Chicago, Illinois, on its liver towboat as their representative for the purposes of collective bai- gaining, and that, pursuant to Section 9 (a) of the National Laboi Relations Act, River Boatmen's Union (Independent ) is the exclusive representative of all such employees for the purposes of collectiN e bargaining in respect to rates of pay, wages , hours of employment, and other conditions of employment; IT IS FURTHER CERTIFIED that River Boatmen 's Union ( Independent) has been designated and selected by a majority of all unlicensed personnel of Marine Transit Company, Chicago , Illinois, on its river towboat as their representative for the puiposes of collective bar- gaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, River Boatmen's Union (Independent ) 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; IT IS FURTHER CERTIFIED that River Boatmen 's Union ( Independent) has been designated and selected by a majoi sty of all licensed per- sonnel of A L Mechling Barge Line, Joliet, Illinois, on its river towboats as their iepresentative for the purposes of collective bai- gaining, and that, pursuant to Section 9 (a) of the National Laboi Relations Act, River Boatmen's Union (Independent) is the exclu- sive representative of all such employees for the purposes of collec- tive bargaining in respect to rates of pay, wages , hours of employ- ment, and other conditions of employment; AND IT IS FURTHER CERTIFIED that River Boatmen 's Union (Indepen- dent ) has been designated and selected by a majority of all unlicensed personnel of A. L. Mechling Barge Line, Joliet, Illinois, on its river towboats as their representative for the purposes of collective bar - gaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, River Boatmen's Union (Independent) is the exclu- sive representative of all such employees for the purposes 'of collec- tive bargaining in respect to rates of pay, wages , hours of employ- ment, and other conditions of employment CHAIRMAN MILLIS took no part in the consideration of the above Second Supplemental Decision, Diiection, and Certification of Representatives 472814-42-cos 42--S In the Mattel of JOHN I HAY Co and RIVER Bo1IJIEN'S UNION (INDEPENDENT) In the Mattel Of MARINE TRANSIT COMPANY and RIVER BOA'nTRN's UNION (INDEPENDENT) In the Mattel of A L MECHLING BARGE LINE and RIVER BOATMEN'S UNION ( INDEPENDENT) Cases Nos R3567, R-3568, and R-3509, respectively CERTIFICATION OF REPRESENTATIVES July 30, 1919 On April 29, 1942, the National Labor Relations Board issued a Decision and Direction of Elections in the'above entitled pioceediiig,l and on May 20, 1942, an Amendment to Direction of Elections,' and on May 27, 1942, a Supplemental Decision and Second Amendment to Direction of Elections,3 and on July 7, 1942, a Second Supplemental Decision, Direction and Certification of Representatives.4 Pursuant to the Second Supplemental Decision, Diiectiou and Certification of Representatives, on July 16, 1942, the Regional Di- rector for the Thuteenth Region (Chicago, Illinois) opened and counted the challenged ballot of Henry McComas, cast in the election among the unlicensed personnel of John I Hay Co, Chicago, Illinois, on the river towboats Starle D Whiteman, Edward W Balhorn, and Chicago Bridge On the same day, 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 a Supplemental Election Report. No objections to the opening of the challenged ballot or to the Supplemental Election Report have been^filed by any of the parties As to the final results of the election, including the ballot of Heni N McComas, the Regional Director reported as follows 1 40 N L R B 1022 2 41 N L R B 154 841N L R B 155 42 N L R B 109 42 N L R B, No 32a 114 JOHN I. HAY COMPANY 115 Number eligible--------------------------------------------- 11 Number of ballots cast_ _____________________________________ 6 Number of blank ballots______________________ ___----------- 0 Number of void ballots______________________________________ 0 Number of ballots challenged (opened ) ----------------------- I Number of ballots counted plus opened, challenged ballot____ 6 Number of valid ballots necessary for majority ________________ 4 Number of valid ballots cast for River Boatmen's Union (Independent ) -------------------------------------------- 4 Number of valid ballots cast for Tug Firemen , Linemen, and Oilers Protective Association of America , affiliated with the International Longshoremen 's Association , A F of L------- 1 Number of valid ballots cast for neither _______________________ 1 The counting of the ballot cast by Henry McComas has iesulted in the River Boatmen's Union (Independent) receiving a majority of the b;otes cast Therefore, by viitue of and pursuant to the power vested in the National Labor Relations Boai d by Section 9 (c) of the National Labor Relations Act, 49 Stat 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, _ IT IS HEREBY CERTIFIED that River Boatmen's Union (Independent) has been designated and selected by a majoiity of all unlicensed per- sonnel of John I Hay Co, Chicago, Illinois, on the river towboats Stark D. Whiteman, Edward W. Bilhorn, and Chicago Bridge, as their iepresentative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the National Labor Relations Act, River Boatmen's Union (Independent) 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. -