American Dredging Co.

In the Matter of AMERICAN DREDGING COMPANY and NATIONAL MARITIME UNION Case No. R-2088 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES January 23, 1941 On December 20, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings.' Pursuant to the Direction of Election, an election by secret ballot was conducted on December 26 and 27, 1940, under the direction and supervision of the Regional Director for the Fourth Region (Philadelphia, Pennsylvania). On December 30, 1940, the Regional Director, acting pursuant to Article III, Sec- tion 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, issued and duly served upon the parties his Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list-------------------------------------- 90 Total ballots cast------------------------------------------- 86 Total valid ballots cast------------------------------------- 84 Votes cast for National Maritime Union, affiliated with the C. I. 0------------------------------------------------- 68 Votes cast for International Union of Operating Engineers, affili- ated with the "American Federation of Labor--------------- 12 Votes cast for neither organization--------------------------- 4 Challenged ballots------------------------------------------ 0 Blank ballots----------------------------------------------- 1 Void ballots----------------------------------------- ----- 1 On December 27, 1940, International Union of Operating Engineers, herein called the Operating Engineers, filed with the Board a "Peti- tionfor Reargument and Reconsideration" of the Decision and Direc- tion of Election. On January 4, 1941, National Maritime Union, herein called the N. M. U., filed a reply to said petition. 128N L.R B 714. 29 N. L. R. B., No. 30. 170 AMERICAN DREDGING COMPANY 171 In its petition the Operating Engineers alleged inter alia, that al- though at the time of the hearing the dredge Columbia was tied up} at the time of the election it was in operation and that therefore it could not be given "any consideration in the unit as found by the Board." It is plain from the Decision that the appropriate unit consists of certain specified employees of American Dredging Com- pany, herein called the Company, who are employed on all of its dredges and tugs, the customary operations of which are confined to Philadelphia and vicinity. Since only 5 dredges were operating, in Philadelphia and vicinity at the time of the hearing, only such 5 dredges were specifically mentioned as being within the appropriate unit.2 The December 14, 1940, pay roll of the Company 3 lists 11 designated employees aboard the dredge Columbia. Assuming all of them are in the appropriate unit, and all of. such employees had voted against the N. M. U., their ballots would not have affected the results of the election. We therefore find no merit in this contention of the Operating Engineers. We have also considered the other matters raised by the petition of, the Operating Engineers and find that they present no new issues which would warrant the granting of the petition for reargument and reconsideration of the, Decision and Direction of Election. The petition is hereby denied. 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulation-Series 2, as amended, IT IS HEREBY CERTIFIED that National Maritime Union, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the deck hands, oilers, wipers, firemen, water tenders, cooks, and messboys, employed by American Dredging Com- pany, Philadelphia, Pennsylvania, on its dredges and tugs, the cus- tomary operations of which are confined to Philadelphia and vicinity, excluding employees on the dredges Pennsylvania and Camden and their supporting, craft, and also excluding the superintendent, cap- tains, mates, engineers and assistant engineers, and the machinists, welders and burners, and blacksmiths who work from time to time 2 The unit found to be appropriate included certain employees who are employed "on Its dredges and tugs, the customary operations of which are confined to Philadelphia and vicinity, specifically the dredges Delaware II, New Jersey, President, Admiral, and Republic." 'In accordance with the Decision and Direction of Election , the Company's pay roll of December 1 4, 1940, was used for determining those eligible to vote in the election. 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD on said dredges and tugs, the shore pipe-line, men, and the, em- ployees who - work on the hoisters, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the National Labor Relations Act, National Maritime Union, affiliated with the Congress of Industrial Organizations, is the ex- clusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.