Wyandotte Transportation Co.

In the Matter Of WYANDOTTE, TRANSPORTATION COMPANY and NATIONAL MARITIME UNION (C. I. 0.) Case No. R-1785 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 14, 194.0 On July 12, 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 Elec- tion, an election by secret ballot was conducted on August 1 and 2, 1940, under the direction and supervision of the Regional Director for the Seventh Region (Detroit, Michigan). On August 5, 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_____ ______________________________ 112 Total ballots cast_________________________________________ 95 Total ballots challenged _______________________________ 3 Total blank ballots________________________________________ 0 Total void ballots________________________________________ 0 Total valid votes cast _____________________________________ 92 Votes cast for National Maritime Union, affiliated with the Congress of Industrial Organizations____________________ 19 Votes cast for Down River Seamen's Union_______________ 60 Votes cast for neither_____________________________________ 13 Since the three challenged ballots affect the results of the election, we find it unnecessary to pass upon the challenges. On August 10, 1940, National Maritime Union, affiliated with the Congress of Industrial Organizations, herein called the N. M. U., filed with the Regional Director its Objections to the conduct of the 1 25 N. L. R. B. 336 27 N. L. R. B., No. 49. 227 228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ballot and the Election Report. On August 13, 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 Objections, copies of which were duly served upon the parties,.in which he recommended that the objections be overruled 2 ' We have considered the objections filed by the N. M. U. and find that they do not raise any substantial or material issue regarding the conduct of the ballot or 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 Rela- tions 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 Down River Seamen's Union has been designated and_ selected by a majority of all the unlicensed seamen employed by Wyandotte Transportation Company, Wyandotte, Mich- igan, on its lake steamers, the Wyandotte, 'Conneaut, Alpena, and Huron, as their representative for the purposes of collective bargain- ing, and that, pursuant to Section 9 (a) of the National Labor Rela- tions Act, Down River Seamen's Union 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 con- ditions of employment. 2 The objections did not relate to either the election or the Election Report but con- tained allegations of company domination of Down River Seamen 's Union and a request for a stay of action in'this proceeding pending the submission of evidence on that issue. Formal 8 ( 2) charges under the Act alleging company domination of Down River Seamen's Union had previously been filed by the N. M U and withdrawn prior to the election. By letter dated August 28, 1940, the Regional Director reported that no new charge had been filed by the N M. U . and no additional evidence produced The N. M. U.'s request for a further stay of action in this proceeding is hereby denied