New York Shipping Association

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. 556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ballot . If, however , the International Longshoremen ' s Associa- tion, Independent , or the American Federation of Labor, In- ternational Longshoremen' s Association , between the date of this Second Direction of Election and the date of the election, engages in conduct which the Board administratively deter- mines to be designed to thwart or abuse the processes of the Board, the Board reserves the right to deny such labor organi- zation a place on the ballot. In order to effectuate the purposes implicit in the Board's Supplemental Decision , and Order issued April 1, 1954, to avoid a multiplicity of challenges , to provide reasonably ade- quate safeguards for the holding of a fair election , and to obviate potential sources of objectionable conduct in this proceeding, the Board further directs that : ( a) The Regional Director mail to each eligible voter , who is required to register under the regulations of the Bi-State Waterfront Commission, a nontransferable International Business Machine card bearing the seal of that Commissionandthe address and . social-security number of the voter as based onthe said Commission' s records, to be used as a voting card ; (b) eligible voters surrender said voting cards to Board agents at the time of voting ; ( c) eligible voters be required to exhibit to the Board agents at the time of voting their Bi-State Waterfront Commission cards; (d) each party, at least 4 days prior to the date of the election, be re- quired to furnish to the Regional Office of the Board, for its approval , a list of its designated observers and alternates; (e) transportation of voters to the polls by chartered buses or other vehicles for hire be prohibited ; and (f) the Regional Director forthwith promulgate such other necessary rules for the conduct of the election and make appropriate arrangements with the State and municipal authorities to assure reasonably adequate conditions for the holding of the election , consistent with Board policy, that will assure the voters a free. and un- inhibited choice of collective -bargaining representatives. Member Murdock took no part in the consideration of the above Second Direction of Election WESTINGHOUSE ELECTRIC CORPORATION and THE INTER- NATIONAL UNION OF OPERATING ENGINEERS, A.F.L., LOCAL 89,' Petitioner WESTINGHOUSE ELECTRIC CORPORATION and DISTRICT LODGE NO. 52, INTERNATIONAL ASSOCIATION OF MA- CHINISTS, A.F.L.,2 Petitioner iHereinafter referred to as the Operating Engineers. Z Hereinafter referred to as the IAM. 108 NLRB No. 87.