New York Shipping Association

554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cluding plant clerical employees but excluding office clerical employees , technical employees , guards, professional em- ployees, .and supervisors as defined in the Act.] Member Beeson took no part in the consideration of the above Supplemental Decision and Certification of Representa- tive s. NEW YORK SHIPPING ASSOCIATION AND ITS MEMBERS and INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, III- DEPENDENT, and AMERICAN FEDERATION OF LABOR, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION. Case No. 2 -RM -556. April 26, 1954 ORDER DENYING MOTION On April 13, 1954, the New York Shipping Association and the United Fruit Company filed a telegraphic motion with the Board, requesting that the Board amend the unit heretofore found appropriate by including therein the employees of the United Fruit Company. On April 19, 1954, the International Longshoremen ' s Association , Independent , sent a telegram to the Board in which it agreed with the request of the New York Shipping Association and the United Fruit Company. On April 19, 1954, the American Federation of Labor, International Longshoremen ' s Association , sent a telegram to the Board in which it took no position with respect to the said motion, stating that it will abide by the decision of the Board on the motion. The Board has carefully considered the motion, the tele- graphic statements , and the entire record in this case. We note that at no time material herein was the United Fruit Company a member of the New York Shipping Association; that it did not join in the petition filed by the New York Shipping Association on October 22, 1953, under Section 9 (e) (1) (B) of the Act, or move to intervene in this proceeding prior either to the initial representation hearing or to the election heretofore held herein on December 21 and 22, 1953, or within a reasonable time thereafter; that in its decision issued December 16, 1953, the Board described the appropriate unit herein as one comprising the "employees of the members of the New York Shipping Association"; that in its order directing a hearing on objections issued February 17, 1954, the Board stated that "the United Fruit Company at no time material to this proceeding was a member of the Association, and the employees of that Company were clearly not included in the Associationwide unit found appropriate by the Board in the Decision and Direction of Election issued on December 16, 1953"; and that for the first time, at this late stage of this proceeding, the United Fruit Company applied to the Board to have its employees included 108 NLRB No. 93. NEW YORK SHIPPING ASSOCIATION AND ITS MEMBERS 555 in the unit heretofore found appropriate . Under these circum- stances, we regard the present motion as untimely. With regard to the merits, the Board finds that no substantial or material facts have been adduced which would in any way alter its original unit determination made in its Decision and Direction of Election issued onDecember 16, 1953, and accord- ingly finds that no question concerning representation has been raised with respect to the employees of the United Fruit Company. For the foregoing reasons, this motion is hereby denied. Member Murdock took no part in the consideration of the above Order Denying Motion. NEW YORK SHIPPING ASSOCIATION AND ITS MEMBERS and INTERNATIONAL LONGSHOREMEN 'S ASSOCIATION, IN- DEPENDENT , and AMERICAN FEDERATION OF LABOR, INTERNATIONAL LONGSHOREMEN 'S ASSOCIATION. Case No. 2-RM-556 . April 26, 1954 SECOND DIRECTION OF ELECTION In accordance with the Board ' s Supplemental Decision and Order dated April 1, 1954 , and as part of the investigation to ascertain representatives for the purposes of collective bar- gaining with the Employers , an election by secret ballot shall be conducted as early as possible but not later than 30 days from the date of this Second Direction of Election , under the direction and supervision of the Regional Director for the Second Region , among the employees in the unit found ap- propriate in the Decision and Direction of Election heretofore issued herein on December 16, 1953, excluding employees'who worked less than 700 hours during the year ending September 30, 1953, and further excluding employees who, although re- quired to register , have not as of the date of this Second Direc- tion of Election registered for employment as required by the States of New York and New Jersey, to determine whether they desire to be represented for purposes of collective bargaining by American Federation of Labor , International Longshore- men's Association , by International Longshoremen ' s Associa- tion, Independent , or by neither. In accordance with its Supplemental Decision and Order issued April 1, 1954 , the Board has administratively determined that , as of the date of this Second Direction of Election, the International Longshoremen' s Association , Independent, has creased and desisted from engaging in conduct designed to thwart or abuse the processes of the Board within the meaning of the Board ' s said Supplemental Decision and Order , and for that reason accords that labor organization a place oh the 108 NLRB No. 94.