American Export Lines, Inc.

In the Matter of AMERICAN EXPORT LINES, INC., EMPLOYER aB4d AMERICAN MERCHANT MARINE STAFF OFFICERS' ASSOCIATION, AFL Case No. RC-750 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION June 1011949 Pursuant to a Decision and Dire4tion of Election issued in the above-entitled matter on March 11, 1949,1 an election by secret ballot was being conducted by the Regional Director for the Second Region, during the course of which, on May 5, 1949, some 30 ballots which had been cast in this election were taken from the custody of a Board agent. To date none of the ballots has been recovered. As the out- come of the election cannot be validly determined in the absence of these ballots, we shall direct that another election be conducted among the employees in the unit found appropriate in our previous decision. As it appears that there has been a large turn-over in personnel of the Employer since our prior Direction of Election, we shall establish a new voting eligibility date. In view of the uncertainties surround- ing this type of election, and the time consumed in voting personnel assigned to ocean-going vessels, we shall vest in the Regional Director for the Second Region discretion to determine the exact time, places, and procedure for holding the election, except that balloting shall be completed not more than 120 days from the date the first ballots are cast. SECOND DIRECTION OF ELECTION 2 As part of the investigation to ascertain representatives for the pur- pose of collective bargaining with American Export Lines , Inc., New York City, an election by secret ballot shall be conducted as early as 1 Matter of American Export Lines, Inc., 81 N. L. It. B., No 1370. 2 Having failed to achieve compliance, or to initiate steps for compliance, with Section 9 (f), (g), and (h) of the Act, the Intervenor will not be accorded a place on the ballot. Matter of Wilson Transit Company, 75 N. L. It. B. 181. 84 N. L. R. B., No. 22. 134 AMERICAN EXPORT LINES, INC. 135 possible after the date of this Second Direction of Election in con- formity with the instructions set forth above, under the direction and supervision of the Regional Director for the Second Region and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series' 5, as amended, among the em- ployees in the unit found appropriate in the Decision of March 11, 1949, supra, who were employed during the pay-roll period imme- diately preceding the date of this Second Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but exclud- ing those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of election, and also excluding employees on strike who are not entitled to re- instatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by American Merchant Marine Staff Officers' Association, AFL. MEMBERS REYNOLDS and GRAY took no part in the consideration of the above Supplemental Decision and Second Direction of Election.