Decatur Iron & Steel Co.

In the -Matter of DECATUR IRON & STEEL COMPANY and NATIONAL MARITIME UNION AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-5388 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 10, 1943 On June 26, 1943, the National Labor Relations Board issued a Decision and Direction of Election in the above -entitled proceeding., Pursuant to the Direction of Election , an election by secret ballot was conducted on July 16, 1943, under the direction and supervision of ,the Regional Director for the Tenth Region (Atlanta, Georgia). On July 19, 1943, the Regional Director , acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regula- tions-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 : Approximate number of eligible voters--------------------- 236 Total ballots cast----------------------------------------- 130 Total ballots challenged---------------------------------- 14 Total void ballots----------------------------------------- 1 Total blank ballots-------------------------------------- 1 Total valid votes counted---------------------------------- 174 Votes cast for National Maritime Union, affiliated with the Congress of Industrial Organizations--------------------- 97 Votes cast for International Brotherhood of Boilermakers, Iron Shipbuilders; Welders & Helpers of America, A F. of L---------------------------------------------- 70 Votes cast for neither------------------------------------- 7 On July 17, 1943, the International Brotherhood of Boilermakers, Iron Shipbuilders, Welders & Helpers of America, A. F. of L., herein called the A. F. of L., filed objections to the election alleging : 150 N. L R B. 874. 52 N. L. R. B., No. 89. 549 550 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. That the Company interfered with the conduct of the election by changing, without notice, its regular pay day from Saturday to Friday, the day of the election. 2. That the agent of the Board in charge of the election erred in permitting to vote approximately 15 temporary employees.- Following an investigation of the objections, on August 3, 1943, the Regional Director issued and duly served on the parties a Report on Objections in which he found the objections of the A. F. of L. to raise no substantial or material issue with respect to the conduct of the ballot. The A. F. of L. asserts that 46 employees were effectually prevented from voting by their inability to secure their pay and cast their ballots within the time allotted. The Regional Director reports 'that, of the 46, 3 had left the employ of the Company prior to the elec- tion and 9 did not report for work the day of the election. The A. F. of L. also submitted the names of 7 employees who, it asserts, were prevented from voting by the change in pay day. Of these, 1 was absent from work on the day of the election and 3 were employees not within the appropriate unit and hence ineligible to vote. Voting periods were agreed upon by the parties and were so sched- uled as to permit all employees an opportunity to vote. The Regional Director reports, and we find, that all employees were afforded suffi- cient time to secure their pay and to cast their ballots. No mention of temporary employees was made at the hearing; no protest was made as to their eligibility to vote by the A. F. of L. prior to the election; and none of these was challenged at the polls. Since temporary employees are not among the categories expressly exclud- ed from the unit, and since no convincing reason is advanced for their exclusion, we find that they were properly permitted to vote. In view of the facts and circumstances set forth above, we find that the objections of the A. F. of L. raise no substantial or material issues with respect to the conduct of the ballbt and they are hereby overruled. 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, 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 CERTIFIED that National Maritime Union, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all employees of Decatur Iron & Steel Company, Shipbuilding Division, Decatur, Alabama, including lead- men, but excluding quartermen, foremen, supervisors, welders, cutters DECATUR IRON & STEIEL COMPANY 551 and their helpers, clerical employees, timekeepers, inspectors, and guards, as their representative for the purposes of collective bargain- ing and that, pursuant to Section 9 (a) of the Act, the said organiza- tion is the exclusive representative of all such employees for the pur- poses of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. CHAIRMAN MILLIS took no part in the consideration of the above Supplemental Decision and Certification of Representatives.