Lihue Plantation Co., Ltd.

In the Matter of LIHuE PLANTATION COMPANY, LTD. and AHUXINI TERMINAL AND WATERFRONT WORKERS' ASSOCIATION, LOCAL No. 21744 In the Matter of LIHUE PLANTATION COMPANY, LTD. and INTERNA- TIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL No. 1-35 Cases Nos. R-1590 and R-1591, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES April 26, 1940 On January 8, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled proceedings. Pursuant to the Direction of Election an election by secret ballot was conducted on February 21, 1940, under the direction and supervision of the Regional Director for the Twen- tieth Region (San Francisco, California). On March 13, 1940, the Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. As to the balloting and its results, the Regional Director reported as follows: Total number eligible to vote________________________________ 159 Number of votes for Ahukini Terminal & Waterfront Workers' Association, Local No 21744_______________________________ 61 Number of votes for International Longshoremen's & Ware- housemen's Union, Local 1-35, Unit 2______________________ 89 Number of votes for neither_________________________________ 3 Total number of votes counted_______________________________ 153 Number of blank ballots_____________________________________ 0 Number of void ballots______________________________________ 0 Number of challenged ballots________________________________ 0 On February 26, 1940, Ahukini Terminal and Waterfront Workers' Association, Local No. 21744, affiliated with the American Federation of Labor, filed with the Regional Director Objections to the Election 119 N. L. R. B 130 23 N. L. R. B, No. 21. 254 LLHUE PLANTATION COMPANY, LTD. 255 Report. On April 17, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued a report on the Objec- tions. The Board has considered the Objections and the Regional Director's report thereon and finds that the Objections raise no sub- stantial and material issues with respect to the conduct of the Election. They are hereby overruled. CERTIFICATION OF REPRESENTATIVES 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that International Longshoremen's & Ware- housemen's Union, Local No. 1-35, Unit 2, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the regular terminal employees-of the Lihue Plantation Company, Ltd., Lihue, Island of Kauai, Territory of Hawaii, includ- ing working foremen, employees who devote less than half their time to clerical work, and all Lihue Plantation casuals and Kapaa casuals, but excluding supervisory employees above the rank of working fore- men, employees who devote more than half their time to clerical work, and the timekeeper, as the representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, Interna- tional Longshoremen's & Warehousemen's Union, Local No. 1-35, Unit 2, affiliated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of col- lective bargaining in respect to rates of pay, wages, hours of employ- ment, and other conditions of employment.