Tietjen and Lang Dry Dock Co.

National Labor Relations Board - Board Decisions

Feb 5, 1942

38 N.L.R.B. 935 (N.L.R.B. 1942)

In the Matter of TIETJEN AND LANG DRY DOCK COMPANY and INDUS-
TRIAL UNION OF MARINE AND SHIPBUJILDING WORKERS OF AMERICA,
LOCAL No. 15 (C. 1. 0.)
In the Matter Of TIETJEN AND LANG DRY DOCK COMPANY and MARINE
LOCAL No. 277 , INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORK-
ERs, A. F. OF L.
Cases Nos. R-3150 and R-3151
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 5, 1942
On December 5, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in the
above-entitled proceeding.' Pursuant to the Direction of Elections,
elections by secret ballot were conducted on December 30, 1941, under
the direction and supervision of the Regional Director for the Second
Region (New York City). On January 2,1942, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2,,as amended, issued an Elec-
tion Report, copies of which were duly served upon the parties. No
objections to the conduct of the ballot or to the Election Report were
filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Electrician Unit
Total on eligibility list_____________________________________ 252
Total ballots cast________________________________________ 191
Total ballots challenged__________________________________ 0
Total blank ballots_______________________________________ 0
Total void ballots ________________________________________ 0
Total valid votes counted________________________________ 191
Votes cast for Marine Electricians, Local No. 277, Inter-
national Brotherhood of Electrical Workers, A F. of L__ 140
Votes cast for Industrial Union of Marine & Shipbuilding
Workers of America, Local No. 15 (C. I. 0.) ------------ 36
Votes cast for neither union____________ __________________ 15
'37N L R B 310
38 N. L. R. B.. No. 169.
935
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Production and Maintenance Unit
Total on eligibility list___________________________________ 2, 614
Total ballots cast________________________________________ 2,090
Total ballots, challenged__________________________________ 0
Total blank ballots_______________________________________ 6
Total void ballots________________________________________ 10
Total valid votes counted_________________________________
Votes cast for Industrial Union of Marine & Shipbuilding
2,074
Workers of America, Local No. 15 (C. I. 0.) ------------- 1,441
Votes cast against aforementioned union__________________ 633
In its Decision, the Board made no final determination as to the
appropriate unit or units, but stated that such determination would
depend upon the results of the elections ordered.
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTARY FINDINGS OF FACT
We find that all marine electricians, including snappers, mechanics,
and helpers, constitute a unit appropriate ' for the purposes of col-
lective bargaining and that such unit will insure to employees of
the Company the full benefit of their right to self-organization and
to collective bargaining and otherwise will.effectuate the policies of
the Act.
We find that all the remaining production and maintenance em-
ployees of the Company including subforemen, snappers, floating-_
equipment men, dock hands, tender, keepers, garage men, storeroom
workers, storekeepers in the safety, equipment room, practical, or
operating engineers, and chauffeurs, but excluding technical en-.
gineers, timekeepers, draftsmen, office clerks; supervisors, foremen,,
assistant foremen, watchmen, janitors, janitresses, estimators, and
traffic-department dispatchers, constitute a unit appropriate for the
purposes of collective bargaining and that such unit will insure to
the employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectu-
ate the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
SUPPLEMENTARY CONCLusIONS OF LAW
1. All marine . electricians of Tietjen , and Lang Dry Dock Com-
pany, Hoboken, New Jersey, including snappers , mechanics, and
helpers, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
TIETJE14 AND LANG DRY DOCK COMPANY 937
2. All the remaining 'production and maintenance employees of
Tietjen and Lang Dry Dock Company, Hoboken, New Jersey, in-
cluding subforemen, snappers, floating-equipment men, dock hands,
tender keepers, garage men, storeroom workers, storekeepers in the
safety 'equipment room, practical or operating engineers,' and chauf-
feurs, but excluding technical engineers, timekeepers, draftsmen,
office clerks, supervisors, foremen, assistant foremen, watchmen, jani-
tors, janitresses, estimators, and traffic-department dispatchers, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 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 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 HERESY CERTIFIED that Marine Local No. 277, International
Brotherhood of Electrical Workers, affiliated with the American
Federation of Labor, has been designated and selected by a majority
of all marine electricians of Tietjen and Lang Dry Dock Company,
Hoboken, New Jersey, including snappers, mechanics, and helpers, as
their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
Marine Local No. 277, International Brotherhood of Electrical
Workers, affiliated with the American Federation of Labor, 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 HEREBY FURTHER CERTIFIED that Industrial Union of Marine
and Shipbuilding Workers of America, Local No. 15, affiliated with
the Congress of Industrial Organizations, has been designated and
selected by a majority of all the remaining production and main-
tenance employees of Tietjen and Lang Dry Dock Company, Hobo-
ken, New Jersey, including subforemen, snappers, floating-equipment
men, dock hands, tender keepers, garage men, storeroom workers,
storekeepers in the safety-equipment room, practical or operating
engineers, and chauffeurs, but excluding technical engineers, time-
keepers, draftsmen, office clerks, supervisors, foremen, assistant
foremen, watchmen, janitors, janitresses, estimators, and traffic-de-
partment dispatchers, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the
938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Act, Industrial Union of Marine and
Shipbuilding Workers of America, Local No. 15, affiliated with the
Congress of Industrial Organizations, 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 con-
ditions of employment.