United Boat Service Corp.

In, the Matter of UNITED BOAT SERVICE CORPORATION and UNITED BROTHERHOOD OF WELDORS, CUTTERS AND HELPERS OF AMERICA, LOCAL #22,"C. U. A. (IND.) - ' Case No. 2-R-3989 (R-5486) SECOND SUPPLEMENTAL DECISION AND DIRECTION July 13; 19414 , Q On May 4, 1944, pursuant to the Decision and Direction of Elections issued herein on November 30, 1943,1 elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Secohd,Region (New York City). Thereafter, upon timely request, on June 20,,1944, a run-off election was conducted under the direction and supervision of the Regional Director among the em- ployees in the welder's group only. As to the result of the run-off elec- tion, the Tally of Ballots shows as follo`vs': Approximate number of eligible voters---------------------- 203 Valid votes counted---------------------------------------- 158 Votes cast for Industrial Union of Marine and Shipbuilding Workers,of America, Local No. 38, C. I. 0----------------- 79 , Votes cast for United Brotherhood of Weldors, Cutters and Helpers of America, Local No. 22, C. U. A. (Ind ) --------- 79 Votes cast against participating unions---------------------- 0 Challenged ballots ---------------------------------------- 4 Void ballots ---------------------------------------------- 12 No objections to the conduct of the run-off election have been filed within the time provided therefor. On June 27, 1944, the Regional Director issued and duly served upon -the parties his Report on Run-off Election and Challenges, to which none of the' parties has excepted. Therein he recommends that the challenges to the ballots of George Panella, Vincent Pellegrino, and Peter Toriello be sustained for the reason that none of these was employed by the Company in an eligible category on the date of the pay roll designated for the purposes of determining eligibility to par 1 53 N. L. R. B. 992 ; amended 55 N. L. R. B. 671, and 55 N. L. R. B. 1440. 57 N. L. R. B, No. 43.- 240 - ' UNITED BOAT SERVICE CORPORATION 241 ticipate in the election in the welders group. Under these circum-, stances, we agree with the Regional Director and hereby sustain the challenges to the ballots of the above-named three. A different situation exists, however, with respect to, the ballot of Olympic Villani, who was employed by the Company on April 27, 1943, as a tack welder and has continued his employment in that ,classification. The Regional Director upon investigation finds that Villani's name was omitted from a list of those eligible to participate in the run-off election through a clerical error and recommends that his ballot be opened and counted. Clearly Villani has fulfilled the conditions requisite for participation in the run-off election and the omission of his name from the list of eligible voters was error. We shall direct therefore, that the ballot of Olympic' Villani be opened and counted. DIRECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Sections 9 and 10 of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with United Boat ,Service Corporation, New York City, the Regional Director for the Second Region shall, pursuant to the Rules and Regulations of the Board, set forth above, and subject to Article III, Sections 10 and 11 of said Rules and Regulations, within ten (10) days from the,date, of this Direction, open and count the ballot of Olympic Villani, and upon the conclusion. of the counting of the said ballot, shall cause to be -fu nished to the parties in this proceeding a supplemental Tally of Ballots embodying his findings as to their choice. [See infra, 57 N. L. R. B. 1079 for Fifth Supplemental Decision and Certification of Representatives.] 601248-45-vol. 57-17