Saginaw Dock & Terminal Co.

In the Matter Of SAGINAW DOCK & TERMINAL COMPANY and NATIONAL MARITIME UNION (C. I. 0.) Case No. R-1783 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 09, 1940 On May 7, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above- entitled proceedings., Pursuant to the Direction of Election, an elec- tion by secret ballot was conducted on June 14 and 18, 1940, under the direction and supervision •of the Regional Director for the Sev-^ enth Region (Detroit, Michigan) among certain employees of Sagi- naw Dock & Terminal Company, Saginaw, Michigan, a party to these proceedings, herein called the Company. On June 20, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report upon the secret ballot, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list------------------------------------ 49 Total ballots cast----------------------------------------- 246 Total blank ballots-------------------------- Total void ballots----------------------------------------- p Total ballots challenged----------------------------------- 2 Total valid votes cast=------------------------------------ 44 Votes cast for National Maritime Union, affiliated with the Congress of Industrial Organizations--------------------- 35 Votes cast against National Maritime Union, affiliated with the Congress of Industrial Organizations----------------- 9 Since the two challenged ballots cannot affect the results of the election, we find it unnecessary to pass upon the challenges. 1 23 N L R B 630. 2 A ballot and instructions for returning the same were mailed to 11 of the eligible voters. Nine such ballots ,were received by the Regional, Director and were preserved unopened until June 18, 1940, when they were opened and commingled with other ballots cast in the election. 25 N. L. R. B, No. 111. 1093 28303 6-42-vof 25--70 1094 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On June 25, 1940, the Company filed with the Regional Director its Objections to the conduct of the ballot and the Election Report. Therein it objected to effect being given the election returns for the reasons (1) that an election among members of the crew occupying unlicensed positions on the various ships of the Company, excluding all others, "listed on the shipping articles of each Company's steam- ships while last in operation during the 1939 navigation season," with certain qualifications, violated a stipulation -of the Company and Na- tional Maritime Union, a party herein, entered into at the hearing, that "all members of the crew occupying unlicensed positions on the various ships of the Company, excluding all others, constitute a unit appropriate for collective bargaining"; (2) that three employees on the Steamer Saginaw, owned by the Company, were not permitted to vote in the election, although they were in the collective bargaining unit heretofore found herein to be appropriate; (3) that nine per- sons who were not employees of the Company and who were not within the said collective bargaining unit were permitted to vote in the election; and (4) that "The order entered in this cause directing an election is contrary to the law made and provided, and to the facts in this case." On June 25, 1940, the Regional Director issued a Re- porton Objections, copies of which were duly served upon the parties, in which he stated that the first and fourth objections already had been considered and determined by .the Board in the Decision and Direction of Election; that the second objection related to three em- ployees on the Steamer Saginaw, who were first hired by the Com- pany in •1940 and, consequently, were not eligible to participate inthe election under the terms of the Decision and Direction of Election ; and that the third objection concerned nine employees who occupied unlicensed positions on the ships of the Company, who were listed on the shipping articles of the Company's steamships, when last in operation during the 1939 navigation season, who have not since quit or been discharged for cause, and, llence, who were eligible to vote under .the terms of the Decision and Direction of Election. The objections involve issues which on the whole have heretofore been considered by the Board in the Decision and Direction of Elec- tion. They do not raise any substantial or material issue regarding the conduct of the ballot or the Election Report. With respect to the stipulation to which the Company refers, that stipulation related generally to the group or class of employees constituting at all times material herein an appropriate collective bargaining unit, and did not concern itself with fixing eligibility for voting purposes by reference to persons in such unit at a.particular time. As regards the three employees on the Steamer Saginaw who were not permitted to vote in the:,election and the nine employees to whose participation in the SAGINAW DOCK & TERMINAL COMPANY 1095- election the Company objected, their eligibility, as pointed out by the Regional Director, was determined in the Decision and Direction of Election upon principles which need not be restated here. We see no reason in this connection for finding or concluding otherwise than as- we there did., Moreover , in nowise can the inclusion of three and the exclusion of the nine persons as eligible voters affect the results of the' election. If the three employees had voted and cast their ballots against National Maritime Union and if the nine em- ployees had not been permitted to vote, and if, further , these nine all had voted against National Maritime Union in the election, that labor organization would nonetheless have obtained a majority of the ballots cast in the election , i. e., 26 of 40 ballots cast . We hereby over- rule the Objections of,the Company to the conduct of the ballot and the Election Report. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations 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 National Maritime Union, affiliated with Congress,of Industrial Organizations, has been designated and selected by .a majority of all members of the crew of Saginaw Dock &,Terminal- Company, Saginaw, Michigan, occupying unlicensed po- sitions on the various ships of the Company, excluding all others, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Na- tional Maritime Union, affiliated with Congress of Industrial Or- ganizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment ,- and other conditions of employment. MR. WII.l .I,1m M. LEISERSON took no , part in the .consideration of the above Supplemental Decision and Certification of Representatives.