United States Lines Co.

National Labor Relations Board - Board Decisions

Nov 24, 1941

36 N.L.R.B. 1215 (N.L.R.B. 1941)

In the Matter Of UNITED STATES LINES COMPANY and MARINE DIVI-
SION, COMMERCIAL TELEGRAPHERS UNION, A. F. of L.
Case No. R-0007
SUPPLEMENTAL DECISION
AND
DIRECTION
November 24f, 194.1
On January 4, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 and
on January 21, 1941, an Amendment to Decision and Direction of
Elections 2 in the above-entitled proceedings. Pursuant to the Direc-
tion, 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 all radio operators who were employed by United States Lines
Company, herein called the Company, on December 12, 1940. On
August 11, 1941, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued a Supplemental Election Report,
copies of which were duly served on the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number eligible to vote___ 21
Total number of ballots cast_________________________________ 22
Total number of valid ballots- 18
Total number of votes in favor of Marine Division, Commercial
Telegraphers Union, affiliated with the A F. of L___________ 10
Total number of votes in favor of American Communications
Association, affiliated with the C I O______________________ 8
Total number of votes in favor of neither union_______________ 0
Total number of blank ballots- -------------------------- ------ 0
Total number of void ballots_'_______________________________ 0
Total number of challenged votes____________________________ 4
128N. L R B, No 185
2 29 N L R B, No 21 The Board directed that separate elections be held among:
(a) licensed deck officers, (b) licensed engineer officers, and (c) radio operators The
Board has already issued its Certification of Representatives for the fist two groups.
35 N L R B. No 118 The instant Supplemental Decision and Direction concerns only
the third group
36 N L 1 1 B., No 248.
1215
1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 19, 1941, American Communications Association, herein
called the A. C. A., filed Objections to the conduct of the ballot and to
the Supplemental Election Report, and a memorandum in support of
its objections. On October 22, 1941, the Regional Director issued a
Report on Objections, copies of which were duly served upon the
parties.
The A. C. A. argues that the election should be set aside, but we
find that its contentions in support thereof are without merit and
raise no substantial or material issues with respect to the conduct of
the ballot and the Supplemental Election Report.
Since the results of the election may be affected by the challenged
ballots, we shall consider the challenges.
The A. C. A. challenged the ballot of A. Vadas. The Regional
Director referred this challenge to the Board. We find, in accord
with our Decision and Direction of Elections, that A. Vadas was not
employed as a radio operator on December 12, 1940, the date as of
which eligibility is determined. Accordingly, we sustain the challenge
to Vadas' ballot.
Marine Division, Commercial Telegraphers Union, herein called
the C. T. U., challenged a ballot on, the ground that it was cast by one
Stallsworth,, who was admittedly ineligible, and not by one Pike, who
was admittedly eligible, to vote in the election. The Regional Direc-
tor, believing that this ballot had been cast by Stallsworth, allowed
Pike to vote by registered mail. At the time the ballots were counted,
the Regional Director, without objection by any of the parties,
counted the mail ballot cast by Pike, but did not count the ballot
challenged by the C. T. U. Accordingly, the Regional Director rec-
ommended, in her Supplemental Election Report and in her Report
on Objections, that the challenged ballot be disregarded. The A. C. A.
contends that the challenged ballot should be counted. We agree with
the Regional Director that the challenged ballot is invalid and
should be disregarded.
The Company and the C. T. U. challenged the ballots cast by one
Blatt and one Howard on the ground that these men were not em-
ployees of the Company on December 12, 1940, the date as of which
eligibility is determined. The Regional Director recommended in
her Supplemental Election Report that the challenges be sustained.
The A. C. A. objected to this recommendation, and the Regional Di-
rector, in her Report on Objections, withdrew her recommendation and
referred the matter to the Board. Upon a consideration of the Sup-
plemental Election Report, the Objections to the conduct of the ballot
and to the Supplemental Election Report, the memorandum in sup-
port of these objections, and the Regional Director's Report on Ob-
jections, we are of the opinion and find that the Objections' raise
UNITED STATES LINES COMPANY 1217
substantial and material issues as to, and only as to, whether Blatt
and Howard were employees of the Company on December 12, 1940,
and eligible to vote in the election. We shall therefore direct that a,
hearing be held for the purpose of admitting evidence on these issues.
Following such -hearing, we shall consider further the challenges to
the ballots of Blatt and Howard.
DIRECTION
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, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DntECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with the United States Lines Company, New York City, the Regional
Director shall issue and cause to be served upon the parties a notice
of hearing, before a Trial Examiner designated by the Chief Trial
Examiner, and that such hearing shall be held for the purpose of ad-
mitting evidence on the issues of whether Blatt and Howard were
employees of the Company on December 12, 1940, and eligible to vote
in the aforesaid election among the radio operators.
Mn. GERARD D. REILLY took no part in the above Supplemental De-
cision and Direction.
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