Todd-Bath Iron Shipbulding Corp.

In the Matter of TODD-BATH IRON SHIPBUILDING CORPORATION AND SOUTH PORTLAND SHIPBUILDING CORPORATION and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL 50- (C. I. 0.) Case No. R-4519 SECOND SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND DIRECTION OF RUN-OFF ELECTION February 6,1943 On December 15, 1942, the National Labor Relations Board issued a Decision and Direction of Elections in the above-entitled proceedings." On January 2, 1943, the Board issued a Supplemental Decision and Order.2 Pursuant to the direction of Elections, elections by secret bal- lot were conducted on January 12 and 13, 19.43, under the direction and supervision of the Regional Director for the First Region (Boston, Massachusetts). On January 14, 1943, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties Reports on Ordered Elections. No objections to the conduct of the ballot or the Reports on Ordered Elections have been filed by any of the parties. However, on January 22, 1943, the Ameri- can Federation of Labor filed a "Motion to Stay Certification of Rep- resentatives," on the ground that the Company, as alleged in charges to that effect filed on January 21, 1943, with the Regional Director, had engaged in unfair labor practices constituting interference with the elections. On January 27, 1943, Industrial Union of Marine and Ship- building Workers of America, Local 50, (C. I. 0.), herein called the C. 1. 0., filed objections to the motion. X45 N. L. R. B. 1367. 46 N. L. R. B. 617. 47 N. L. R. B., No. 46. 370 TODD BATH IRON SHIPBUILDING CORPORATION 371 As to the balloting and its results, the Regional Director reported as follows : Producton and maintenance Approximate number of eligible voters-------------------- 24,387 Total ballots cast---------------------------------------- 19,875 Total ballots challenged --------------------------------- 478 Total void ballots--------------------------------------- 61 Total valid votes counted--------------------------------- 19,336 Votes cast for American Federation of Labor-------------- Votes cast for Industrial Union of Marine and Shipbuilding 8, 499 Workers of America Local 50 (C. I. 0.) ------------------ 10,631 Votes cast for neither------------------------------------ - 206 Guards and watchmen Approximate number of eligible voters-------------------- 398 Total ballots cast---------------------------------------- 352 Total ballots challenged--------------------------------- 4 Total void ballots________________________________________ 2 Total valid votes counted-------------------------------- 346 Votes cast for American Federation of Labor-------------- 169 Votes cast for Industrial Union of Marine and Shipbuilding Workers of America Local 50 (C. I. 0.)---------- ------- 171 Votes cast for neither------------------------------------ 6 In its motion to stay certification and in the charges, the A. F. of L. alleged in substance that the Company had interfered with the elec- tions by (1) putting into effect wage increases among employees at the Todd-Bath yard, which was covered by a contract with the C. I. 0., while refusing to put into effect wage increases negotiated between the Company and the A. F. of L. with respect to employees at the South Portland yard; and (2) refusing to institute the payment of back wages pursuant to' a directive of the National War Labor Board fol- lowing negotiations between the Company and the A. F. of L. The A. F. of L. submitted certain affidavits in support of its allegations, which put in issue certain facts recited in affidavits of the treasurer and the personnel director of the Company and also in a communica- tion from the National War Labor Board concerning the allegation with respect to its directive. The Regional Director has investigated these matters and has found that the charges are unsupported. Ac- cordingly, he has refused to issue a complaint based" on the charges. Since the charges have been investigated and found to be without merit, no reason appears for further delaying certification of the C. I. O. for the unit of production and maintenance employees. On January 1G, 1943, the C. I. O. filed with the Regional Director a request for a run-off election to be conducted by the Board among the guards and watchmen. Although neither of the competing labor or- ganizations received a majority of the votes cast in the election in the 372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD guards and watchmen voting unit, the results of that election show that a substantial majority of employees voting in that group desire to bargain collectively with the. Companies. Accordingly, we shall direct a run-off election among the guards and watchmen in which they will be given an opportunity to decide whether they desire to be represented by Industrial Union of Marine and Shipbuilding Work- ers of America, Local 50 (C. I. 0.), or by American Federation of Labor, for the purposes of collective bargaining. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board of Section 9 (c) of the National Labor Relations Act and pursuant to Article III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Industrial Union of Marine and Ship- building Workers of America, Local 50 (C. I.O.) , has been designated and selected by a majority of all hourly paid production and mainte- nance employees of Todd-Bath Iron Shipbuilding Corporation and South Portland Shipbuilding Corporation, South Portland, Maine, including truck drivers, but excluding foremen, assistant foremen, supervisory employees having authority to hire and discharge, salaried employees, first-aid employees, chauffeurs operating cars and beach wagons, safety men, counters, timekeepers, office and clerical employees, office janitors, engineers, draftsmen, architects, fire fighters, guards, and watchmen, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a). of the Act, Industrial Union of Marine and Shipbuilding Workers of America, Local 50 (C. I. 0.), 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. DIRECTION OF RUN-OFF ELECTION 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 and pursuant to Article III, Sections 9 and 10, of National Labor Re- lations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Todd-Bath Iron Shipbuilding Corporation and South Portland Shipbuilding Corporation, South Portland, Maine, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Run-Off Election, under the direction and supervision of the Regional Director for the First TODD-BATH IRON SHIPBUILDING CORPORATION 373 Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 10, of said Rules and Regu- lations, among all employees in the unit of guards and watchmen de- scribed in the Direction of Elections issued on December 15, 1942, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by'Industrial Union of Marine and Shipbuilding Workers of America, Local 50 (C. I. 0.), or by American' Federation of Labor, for the purposes of collective bargaining.