United States Lines Co.

National Labor Relations Board - Board Decisions

May 26, 1942

41 N.L.R.B. 323 (N.L.R.B. 1942)

In the Matter Of UNITED STATES LINES COMPANY and MARINE
DIVISION, COMMERCIAL TELEGRAPHERS UNION, A. F. OF L.
Case No. R-0207
FOURTH SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 06, 1942
On January 4 and January 21, 1941, respectively, the National
Labor Relations Board, herein called the Board, issued a Decision
and Direction of Elections 1 and an Amendment to Decision and 'Di-
rection of Elections,2 in the above-entitled proceeding. Pursuant to
the Direction of Elections, as amended, an election by secret ballot
was conducted between February 21 and August 1, 1941, under the
direction and supervision of the Regional Director for the Second
Region (New York City), among the radio operators employed by
United States Lines Company. On April 17, 1942, the Regional Di-
rector, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, and
pursuant to the Board's Third Supplemental Decision and Direction
issued on April 9, 1942,3 in which challenges to certain ballots were
determined, issued a Second Supplemental Election Report, copies of
which were duly served upon the parties.
As to the balloting and its results, the Regional Director reported
as follovys :
Total on eligibility list____________________________________ 21
Total ballots cast_________________________________________ 22
Total ballots challenged, held invalid by the Board 4_-____-_- 1
Total blank ballots_______________________________________ None
Total void ballots_ _______________________________________ None
Total valid votes counted, including those held valid by the
Board------------------------------------------------- 21
1 28 N. L. R. B. 176.
2 29 N. L. R. B. 126.
1 40 N. L. R. B. 363
* See 36 N. L. R. B. 1215.
41 N. L. R. B., No. 70.
323
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Votes cast for Marine Division, Commercial Telegraphers
Union, affiliated with the A. F. of L_____________________ 11
Votes cast for American Communications Association, affili-
ated with the C. I. O__________________________________ 10
Votes cast for Neither____________________________________ None
No objections to the Second Supplemental Election Report have
been filed by any of the parties. However, on April 28, 1942, the
American Communications Association filed a written request with
the Board urging that, because of allegedly material changes in
circumstances since the date of the election, the issuance of a Certifi-
..cation of Representatives be withheld. We have considered such re-
quest and find that the matters therein alleged do not warrant our
withholding the issuance of our certificate. Such request is hereby
denied.
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
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, - I
IT IS HEREBY CERTIFIED that Marine Division, Commercial Teleg-
raphers Union, affiliated with the American Federation , of Labor,
has been designated and selected by a majority of all radio operators
employed by United States Lines Company as their representative
'for the purposes of collective bargaining , and that, pursuant to Sec-,
tion 9 (a) of the National Labor Relations Act, Marine Division,
Commercial Telegraphers Union , affiliated with the American Fed-
eration 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.