Atlantic Basin Iron Works, Inc.

In the Matter of ATLANTIC BASIN IRON WORKS, INC., EMPLOYER and LOCAL 39, INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, CIO, PETITIONER Case No. 2-R-6982 SUPPLEMENTAL DECISION ORDER AND SECOND DIRECTION OF ELECTION February 10, 19/1.7 Pursuant to the Board's Decision and Direction of Election issued herein on December 12, 1946,1 an election by secret ballot was held on January 9, 1947, under the direction and supervision of the Regional Director for the Second Region (New York City). In his Report on the Election issued on January 16, 1947, the Regional Director set forth, inter alia, that the Employer notified the Regional Office on December 21, 1946, that it would take "no part in carrying out the Board's Direction of Election"; that the Employer in fact failed to cooperate with the Regional Office by refusing to submit pay-roll data of employees eligible to vote in the election and by failing to indicate whether or not it had posted notices of the election in accordance with the Regional Office's request; and that only 1 of approximately 22 eligible voters participated in the election. The Regional Director found that no representative vote was had in view of the above and thereupon recommended that the election be set aside and a new election directed. None of the parties has filed exceptions to this Report. Inasmuch as no exceptions have been filed to the Regional Director's Report, we shall adopt this Report and, in accordance with the recom- mendations therein, we shall annul the election held on January 9, 1947, and direct that a new election be held among the employees in the appropriate unit. ORDER IT IS HEREBY ORDERED that the election held on January 9, 1947, among the employees of Atlantic Basin Iron Works, Inc., Brooklyn, New York, be, and it hereby is, vacated and set aside. 171 N. L R B 973. 72 N. L. R. B., No. 93. 508 ATLANTIC BASIN IRON WORKS, INC. 509 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Atlantic Basin Iron Works, Inc., Brooklyn, New York, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regu- lations-Series 4, among the employees in the unit found appropriate in Section IV, of the Decision and Direction of Election, who were employed during the pay-roll period immediately preceding the date of this Second Direction, including employees who did not work dur- ing said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, 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 the election, to determine whether or not they desire to be represented by Local 39, Industrial Union of Marine and Shipbuilding Workers of America, CIO, for the purposes of collective bargaining. MR. JAMES J. REYNOLDS, Jii., took no part in the consideration of the above Supplemental Decision, Order, and Second Direction of Election.