Federal Shipbuilding and Dry Dock Co.

In the Matter of FEDERAL SHIPBUILDING AND DRY DOCK COMPANY and INDUSTRIAL UNION OF MARINE & SHIPBUILDING WORKERS OF AMERICA, LOCAL No. 16 Case No. R-1573 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES April 3, 1940 On January 11, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.) On February 8, 1940, the Board issued an Amendment to Decision and Direction of Election.2 Pursuant to the Direction of Election, as amended, elections by secret ballot were conducted on February 27, 1940, under the direction and supervision of the Regional Director for the Second Region (New York City). On March 1, 1940, the Regional Director, acting pursuant to Article,III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties.8 As to the balloting and its results, the Regional Director reported as follows : Group (a) Total Number Eligible to Vote------------------------ 6,075 Total Number of Ballots Cast------------------------- 5,652 Total Number of Valid Ballots------------------------- 5,639 Total Number of Votes in favor of Shipyard Employees Association (S. E. A.) ------------------------------ 693 Total Number of Votes in favor of Local 16, Industrial Union of Marine & Shipbuilding Workers of America, C. I. 0.--------------------------------------------- 4,683 119 N. L. R B. 313. 2 20 N L R. B. 270. 3 Nor has the Company filed a request for further hearing, in accordance with permission granted in the Amendment to Decision and Direction of Election, on the issue of whether or not watchmen and guards are entitled to representation by the unions here involved. 22 N. L. R. B., No. 32. 686 FEDERAL SHIPBUILDING AND DRY DOCK COMPANY 687 Group (a)-Continued. .. Total Number of Votes in favor of neither union-------- 263 Total Number of Blank Votes------------------------- 9 Total Number of Void Ballots------------------------- 4 Total Number of Challenged Votes-------------------- 0 Group (b): Total Number Eligible to Vote------------------------- 67 Total Number of Ballots Cast------------------------- 58 Total Number of ' Valid Ballots------------------------ 58 Total Number of Votes in favor of Shipyard Employees Association (S. E. A.) 3 Total Number of Votes in favor of Local 16, Industrial Union of Marine & Shipbuilding Workers of America, C. I. 0.--------------------------------------------- 45 Total Number of Votes in favor of neither union-------- 10 Total Number of Blank Votes-------------------------- 0 Total Number of Void Ballots-------------------------- 0 Total Number of Challenged Votes--------------------- 0 Upon the entire record in the case, the Board makes the following: SUPPLEMENTAL FINDING OF FACT In the Amendment to Decision and Direction of Election previously referred to, the Board made no final determination pending the election as to whether each of the above groups alone, or both to- gether, should constitute the appropriate unit or units, but stated : "In the event that a majority of the employees voting in each of these classifications choose the same labor organization, the employees within both classifications will be combined to constitute a single unit for purposes of collective bargaining." We find that the' production and maintenance employees of Federal Shipbuilding and Dry Dock Company, Kearny, New Jersey, includ- ing leaders performing manual work, watchmen, and guards, but excluding superintendents, assistant superintendents, foremen, assistant foremen, subforemen, leading men, leaders working ex- clusively as supervisors, office and clerical employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of Federal Shipbuilding and Dry Dock Company, Kearny, New Jersey, the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the National Labor Relations Act. SUPPLEMENTAL CONCLUSION OF LAW The production and maintenance employees of Federal Shipbuild- ing and Dry Dock Company, Kearny, New Jersey, including leaders performing manual work, watchmen, and guards, but excluding superintendents, assistant superintendents, foremen, assistant fore- 688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD men, subforemen, leading men, leaders working exclusiley as super- visors, office and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Sec- tion 9 (b) of the National Labor Relations Act. 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections & and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, IT IS HEREBY CERTIFIED that Industrial Union of Marine & Ship- building Workers of America, Local No. 16, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of production and maintenance employees of Federal Shipbuilding and Dry Dock Company, Kearny, New Jersey, including leaders performing manual work, watchmen, and guards, but excluding superintendents, assistant superintendents, foremen, assistant foremen, subforemen, leading men, leaders working ex- clusively as supervisors, office and clerical employees, as their repre- sentative for the purposes of collective bargaining, and that, pur- suant to Section 9 (a) of the National Labor Relations Act, Industrial Union of Marine & Shipbuilding Workers of America, Local No. 16, affiliated with the Congress of Industrial Organizations, is the ex- clusive 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.