Marine Iron and Ship Building Co.

In the Matter Of MARINE IRON AND SHIP BUILDING COMPANY, EMPLOYER and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS AND HELPERS OF AMERICA, LOCAL No. 415, A. F. L., PETITIONER Case No. 18-R-1922 ORDER REOPENING RECORD AND REFERRING PROCEEDING TO REGIONAL DIRECTOR March 18, 1948 On December 18, 1947, a hearing was held in the above-entitled proceeding. At the hearing, the United Steelworkers of America, C. I. 0., Local 1625, herein called the Intervenor, moved to intervene upon the ground that it has an existing collective bargaining agreement with the Employer covering all employees of the Employer in a plant- wide unit, including those sought by the Petitioner herein. The Hearing Officer granted the motion, but, because the Intervenor had not complied with Section 9 (f), (g), and (h) of the Act, permitted intervention only for the purpose of showing that the contract was a bar to an election, and refused to permit the Intervenor to introduce evidence bearing on the appropriate unit. Notwithstanding the Intervenor's non-compliance, the Hearing Officer was justified in granting intervention on the strength of the contractual interest. He erred, however, in limiting its scope.' In order to afford the Intervenor the full exercise of its right to intervene, we hereby reverse the ruling of the Hearing Officer, and shall order the record reopened and a further hearing held.2 ORDER IT IS HEREBY ORDERED that the record herein be reopened, and that a further hearing be held for the purpose of permitting said Inter- venor, which has a contractual interest, to introduce evidence bearing on any and all issues in this case, and IT IS FURTHER ORDERED that this proceeding be referred to the Re- gional Director for the Eighteenth Region for the purpose of conduct- ing such further hearing, and that the said Regional Director be, and lie hereby is, authorized to issue notice thereof. 1 Matter of American. Chain it Cable Company , Inc, Case No . 4-R-2752, order entered February 17, 1948 2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-nian panel consisting of the undersigned Board Members [Houston, Murdock, and Gray] 76 N L. R B , No. 112 - 819 781902-48-vol 76-58