Sun Shipbuilding and Dry Dock Co.

In the Matter of SUN. SHIPBUILDING AND.,DRY DOCK COMPANY and PATTERN MAKERS' LEAGUE OF NORTH .AMERICA Case No. R-865 SUPPLEMENTAL DECISION AND ORDER September 29, 1939 On August 7, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. The Direction of Election provided that an election by secret ballot be held, within fifteen (15) days from the date of the Direction, among the pattern makers and pattern makers' apprentices employed by Sun Shipbuilding and Dry Dock Company, Chester, Pennsylvania, during the pay-roll period next preceding the date of the Direction, to. determine whether they desired to be rep- resented by Pattern Makers' Association of Philadelphia and Vicin- ity, or by Sun Ship Employees' Association, Inc., for the purposes of collective bargaining. In its Decision the Board stated that upon the results of the elec- tion would depend in part the determination of the appropriate unit for the purposes of collective bargaining. The Board stated that if a- majority of the employees chose the P. M. A., then the pattern makers. and the pattern makers' apprentices would constitute a single bargaining unit. However, if the S. S. E. A. Were accorded a majority, no determination would be made as to the appropriateness of any unit or whether the S. S. E. A. had been designated by a majority of the employees in a unit. Pursuant to the Direction of Election an election by secret ballot was conducted on August 22, 1939, at Chester, Pennsylvania, under the direction and supervision of the Acting Regional Director for the Fourth Region (Philadelphia, Pennsylvania). On =August 23, 1939, the Acting Regional Director, acting pursuant to.Article III, Sec- tion . 9,' of National Labor Relations Board Rules and Regula- 314 N. L. R. B. 292. 15 N. L. R. B., No. 83. 771 772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions-Series 2, issued and duly served upon the parties a report on the election. As to the balloting and its results, the Acting Regional Director reported as follows : Total eligible to vote-------------------------------------- 29 Total ballots cast------------------------------------------ 28 Ballots cast by those desiring to be represented by the Pattern Makers' Association of Philadelphia and Vicinity----------- 13 Ballots cast by those desiring to be represented by Sun Ship Employees' Association, Inc------------------------------ 14 Total number of blank ballots------------------------------ 0 Total number of void ballots-------------------------------- 0 Total number of challenged ballots-------------------------- 1 Total ------------------------------------------------ 28 On August 29, 1939, the P. M. A. filed with the Acting Regional Director a letter objecting to the election report. The objections state that the most active member of the P. M. A. was absent from the city between.the date of the Direction of Election and the election, that he could not be located, and that as a result lie was deprived of the right to vote; that the challenged ballot should be disregarded because the voter is employed in a supervisory capacity; that several employees, who are members of the P. M. A. and of foreign extrac- tion and of a nervous disposition, became confused by the fact that an election was being held and misconstrued the position of the ballot of the S. S. E. A. as the ballot for the P. M. A.; and that although the P. M: A. had :!'majority when the petition was filed the delay in holding the hearing and the election adversely affected the P. M. A. The Acting Regional Director investigated the matters contained in the objections, and on September 1, 1939, issued and duly served on the parties his Report on Objections; We find that adequate notice was given relative to the holding of the election and hence that there is no merit in the objection based on the fact that one employee, who was absent from the city and who could not be located, failed to cast a ballot.' The disposition of this objection makes it unnecessary for us to decide whether the chal- lenged voter is a supervisory employee. We find that the remaining objections raise no material or substantial issue with respect to the conduct of the ballot. The' results of the election show that no collective bargaining rep- resentative has been selected by a majority of the. employees. The petition for investigation and certification of representatives.. of employees of the Sun Shipbuilding and Dry Dock Company, Ches- ter, Pennsylvania, will therefore be dismissed. SUN SHIPBUILDING AND DRY DOCK COMPANY ORDER 773 By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY ORDERED that the petition' for investigation and cer- tification of representatives of employees of Sun Shipbuilding and Dry Dock Company, Chester, Pennsylvania, filed by Pattern Makers' Association of Philadelphia and Vicinity, be, and it hereby is, dismissed. 199549-89-vol. 15-50