Mobile Steamship Association

In the Matter of MOBILE STEAMSHIP ASSOCIATION, OCEAN DOMINION STEAMSHIP CORPORATION , ALUMINUM LINE, SWAYNE & HOYT, LTD., GULF PACIFIC LINES, LTD., LUCKENBACH GULF STEAMSHIP COM- PANY, INC., PAN-ATLANTIC STEAMSHIP CORPORATION , WATERMAN STEAMSHIP CORPORATION , MOBILE OCEANIC STEAMSHIP COMPANY, RICHARD MURRAY & COMPANY , FILLETTE GREEN & COMPANY, NOR- TON LILLY & COMPANY, PAGE & JONES, VAN HEYNIGEN COMPANY, UNITED FRUIT COMPANY, J. R. DENT, STEAMSHIP AGENT, STRACHAN SHIPPING COMPANY , COAST TRANSPORTATION COMPANY, INC., OCEANIC STEVEDORING COMPANY, WALSH STEVEDORING COM- PANY, INC., RYAN STEVEDORING COMPANY, INC., PATE STEVEDORING COMPANY, MURRAY STEVEDORE COMPANY, MOBILE STEVEDORING COMPANY, INC., BAY STEVEDORING COMPANY, BAILEY T . DEBAR- DELEBEN, ALABAMA STATE DOCKS, HORACE TURNER AND CO., MOBILE AND OHIO RR ., ANDERSON AND CLAYTON Co., FIDELITY WAREHOUSE CORPORATION, ALABAMA WAREHOUSING COMPANY, WARRANT COM- PRESS & WAREHOUSE CO., TEXAS OIL COMPANY and INTERNATIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION Case No. R-391 SECOND SUPPLEMENTAL DECISION AND DIRECTION OF ELECTION February 16, 1939 On September 29, 1938, the National Labor Relations Board, herein called the Board, issued a Decision, Direction of Elections, and Order 1 in the above-entitled proceeding. On October 7, 1938, the Board issued an Amendment to its Decision, Direction of Elections, and Order.2 Pursuant to the Direction of Elections, as amended, elections by secret ballot were conducted on October 14, 1938, by the Regional Director for the Fifteenth Region , including an election among the employees of Turner Terminal Company. On November 9, 1938, the Board issued its Supplemental Decision, Certification of Representatives, and Orders in which it reported the results of 18 N L R B 1297. 3 9 N. L. R. B. 60 39 N. L R. P. 62 11 N. L. R. B., No. 34. 374 MOBILE STEAMSHIP ASSOCIATION ET AL. 375 the election held among the employees of Turner Terminal Company, and in which it noted that Turner Terminal Company had filed an objection to the Intermediate Report, which the Board was then considering. The results of the election, as reported by the Regional Director, were as follows : Total Number of Employees Eligible to Vote----------------- 49 Total Number of Votes Cast--------------------------------- 31 Total Number of Votes for International Longshoremen and Warehousemen's Union, affiliated with C. I. 0------------- 18 Total Number of Votes for Warehouse Workers, International Longshoremen's Association, Local 1473, affiliated with A. F. of L----------------------------------------------- 8 Total Number of Votes for Neither Organization------------ 5 Total Number of Blank Ballots----------------------------- 0 Total Number of Void Ballots------------------------------ 0 Total Number of Challenged Ballots------------------------ 0 Total Number of Spoiled Ballots---------------------------- 0 Turner Terminal Company duly filed with the Regional Director its objections to the Intermediate Report, and requested that the election be set aside and another election held. The objections alleged, in part, that nine employees of Turner Terminal Company who were eligible to vote in the election were not permitted to vote because their names had been omitted in error from the list of eligible employees.4 The Regional Director has reported to the Board that these nine employees were in fact eligible to vote and that, while he has no formal record of a refusal to permit any employees to vote, the nine employees would not have been permitted to vote at the election, even if they had presented themselves, because their names were not included in the eligibility lists. Since the results of the election might have been different had these nine persons voted, the Board finds that a new election, at which these nine persons shall be per- mitted to vote, is necessary to resolve the question concerning repre- sentation which has arisen among the employees at Turner Terminal Company. The protest of Turner Terminal Company also includes objections to the findings which the Board made in its original Decision with respect to the unit appropriate for the purposes of collective bar- gaining and with respect to the standards of eligibility to vote in the election. The respondent was afforded full opportunity at the hearing to make any contentions it desired and to adduce evidence in support thereof. It failed to take advantage of this opportunity. 4 The Regional Director's eligibility lists were compiled from and based upon lists of employees furnished by the companies. Turner Terminal Company omitted in error the nine employees from the lists which it furnished the Regional Director 376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Under these circumstances, the objections which it now seeks to make are foreclosed. Accordingly, we shall direct an election among the employees of Turner Terminal Company who were eligible to vote in the original election. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Turner Terminal Company, Mobile, Alabama, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the persons employed as warehousemen at Turner Terminal Company, including warehouse checkers, gang foremen, tractor foremen, and cotton compress men, and excluding longshoremen, supervisory and clerical employees, and the office force, to determine whether they desire to be represented by International Longshoremen and Ware- housemen's Union, affiliated with the Committee for Industrial Or- ganization, or by Warehouse Workers, International Longshoremen's Association, Local No. 1473, affiliated with the American Federation of Labor, for the purposes of collective bargaining or by neither. Eligibility to vote in the election will be determined by the standards set forth in the Direction of Elections which originally directed an election to be held among the persons employed as warehousemen' by Turner Terminal Company. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES March 27, 1939 On September 29, 1938, the National Labor Relations Board, herein called the Board, issued a Decision, Direction of Elections, and Order in the above-entitled proceeding. On October 7, 1938, the Board issued an Amendment to its Decision and Direction of Elec- tions. Pursuant to the Direction of Elections, as amended, elections MOBILE STEAMSHIP ASSOCIATION ET AL . 377 by secret ballot were conducted on October 14, 1938, by the Regional Director for the Fifteenth Region (New Orleans, Louisiana), herein called the Regional Director, including an election among the em- ployees of Turner Terminal Company, herein called the Company. On November 9, 1938, the board issued its Supplemental Decision, Certification of Representatives, and Order, in which it reported the results of the elections held among the employees of various com- panies involved in this proceeding, including employees of the Com- pany, and noted that the Company had filed and that the Board was then considering objections to the Regional Director's Intermediate Report on the ballots. On February 16, 1939, the Board issued a Second Supplemental Decision and Direction of Election sustaining the objections of the Company to the Intermediate Report and direct- ing that, as part of the investigation authorized by 'the Board to ascertain representatives for the purposes of collective bargaining with the Company, a second election by secret ballot be conducted, within 15 days from the date of the Second Direction, by the Re- gional Director among the warehousemen of the Company, including warehouse checkers, gang foremen, tractor foremen, and cotton com- press men, but excluding longshoremen, supervisory and clerical employees, and the office force, to determine whether they desired to be represented by International Longshoremen and Warehousemen's Union, affiliated with the Committee for Industrial Organization, or by Warehouse Workers, International Longshoremen's Association, Local No. 1473, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. The Second Direction of Election ordered that eligibility to vote should be determined by the standards set forth in the original Direc- tion of Elections. That Direction defined warehousemen as persons who had been employed by any one of several companies during each of any 8 weeks between October 1, 1937, and March 31, 1938, and provided that a warehouseman should cast his ballot with the em- ployees of the company at which he had had the greatest amount of employment during that period. Under the supervision of the Re- gional Director, a list of eligible voters was compiled by the Company from its pay-roll records in accordance with the provisions of the Second Supplemental Decision and Direction of Election. This list was made available to the labor organizations involved prior to the date of the election. Pursuant to the Second Supplemental Decision and Direction of Election and to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, herein called the Regulations, an election by secret ballot was conducted on March 1, 1939, by the Regional Director, acting in this matter as agent for 378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Board. Full opportunity was afforded to all parties to this in- vestigation to participate in the conduct of the secret ballot and to make challenges. Thereafter, on March 4, 1939, the Regional Direc- tor, acting pursuant to Article III, Section 9, of the Regulations, issued and duly served upon the parties to the proceedings his Inter- mediate Report on the Ballot. No exceptions to the Intermediate Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total Number of Employees Eligible to Vote__________________ 58 Total Number of Votes Cast_________________________________ 41 Total Number of Votes for International Longshoremen and Warehousemen's Union, Affiliated with C. I. O______________ 8 Total Number of Votes for Warehouse Workers, International Longshoremen's Association, Affiliated with A. F. of L------- 33 Total Number of Votes for Neither Organization-------------- 0 Total Number of Blank Ballots______________________________ 0 Total Number of Void Ballots_______________________________ 0 Total Number of Challenged Ballots__________________________ 0 Total Number of Spoiled Ballots _..--------------------------- 0 By virtue of and pursuant to the power vested in the Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of the Regulations, IT is HEREBY CERTIFIED that Warehouse Workers, International Longshoremen's Association, Local No. 1473, affiliated with the Amer- ican Federation of Labor, has been designated and selected by a majority of the warehousemen at Turner Terminal Company, Mobile, Alabama, including warehouse checkers, gang foremen, tractor fore- men, and cotton compress men, but excluding longshoremen, super- visory and clerical employees, and the office force, as their representa- tive for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, Warehouse Work- ers, International Longshoremen's Association, Local No. 1473, affili- ated with the American Federation of Labor, is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing with respect to rates of pay, wages, hours of employment, and other conditions of employment. 11 N. L. R. B., No. 34a.