Robert Jacobs, Inc.

In the Matter of ROBERT JACOBS, INC. and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL 38, AFFILI- ATED WITH THE C. I. O. and NEW YORK DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 488 Case No. R-2587 SUPPLEMENTAL DECISION AND DIRECTION September 4, 1941 On June 14, 1941, 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 June 27, 1941, under the direction and supervision of the Regional Director for the Second Region (New York City). On July 18, 1941, the Re- gional Director, acting pursuant to Article III, Section-9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total number eligible to vote______________________________ 361 Total number of, ballots cast ------------------------------- 297 Total number of valid ballots_____________________________ 286 Total number of votes in favor of United Brotherhood of Carpenters and Joiners of America, A. F. of L___________ 42 Tbtal number of votes in favor of Industrial Union of Marine and Shipbuilding Workers of America, Local 38, C. I. O__ 143 Total number of votes in favor of neither union------------ 101 Total number of blank ballots_____________________________ 0 Total number of void ballots_____________________________ 0 Total number of challenged votes -------------------------- 11 On July 25, 1941, the Company and the New York District Coun- cil, United Brotherhood of Carpenters and Joiners of America, Local 1 32 N. L. R. B. 646. 35 N. L. R. B., No. 40. 181 182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 488, herein called the District Council, filed objections to the Election Report. On August 4, 1941, the Regional Director issued a Report on Objections.2 In her Election Report the Regional Director recommended that the challenges be sustained as to three of the voters : A. Koester, S. O'Brien, and L. Marcus. No objections to this recommendation were filed by any of the parties. As to the remaining eight challenged ballots, however, the Regional Director recommended that they be declared valid, to which recommendation, inter alia, the Company and the District Council filed the above-mentioned objections. The challenges in dispute concerned the following men : G. Weis- brat, W. Mergner, V. Foglietto, G. Papella (or Popella), W. Bates, V. Piliero, T. Stoetzel, and A. Buttacavoli. The company contends that these men are iron workers who were employed for the recon- struction of a ship for the United States Navy, that at the comple- tion of that job the Company decided not to engage in further construction of steel boats, and that the men were permanently sepa- rated from the pay roll between June 11 and 25, 1941. With respect to Buttacavoli, the Company also contends that he has secured em- ployment elsewhere. The Regional Director's report discloses that on July 8, subsequent to the Election, a company official informed' a C. I. O. representative that the men would be recalled when work picked up. This was- confirmed by letter of July 15. On the latter date, the same company official informed an examiner in the office of the Regional Director that the Company expected 'to receive a' contract for the construction of seven tugboats for the United States Navy and was checking the list of those laid off to determine whom it would recall. In addition, five of the challenged voters filed state- ments averring, that they were laid off because there was a shortage of material, and were told that they would be rehired when there was work. As to Buttacavoli, the report discloses that he is tem- porarily employed elsewhere but desires to be reemployed by the Company. In view of all the circumstances, the challenges are overruled as to G. Weisbrat, W. Mergner, V. Foglietto, G. Papella (or Popella), W. Bates, V. Piliero, T. Stoetzel, and A Buttacavoli, and their bal- lots declared valid. The Company's request for a hearing with re- spect to the challenges is denied. Since no objections were filed to the Regional Director's recommendations with respect to A. Koester, S. O'Brien, and L. Marcus, their ballots are declared invalid. On August 8 and 9, respectively, the District Council and the Company , filed further objections. ROBERT JACOBS, INC. 183 The District Council also filed objections- relating to the appro- priateness of the unit and to the pay-roll date designated by the Board to determine eligibility to vote in the election. The conten- tions of the District Council on these issues were disposed ,of in the Decision and Direction of Election, and no new matter is alleged. The District Council also alleged in its objections that no ade- quate provision was made for employees to vote who were absent from the plant on business during election hours. The Regional Director reported that a group of '15 to*'20 employees was assigned to work in the Brooklyn Navy Yard on the day of the election. They were all instructed to return to the plant so that they could cast their ballots and were permitted to leave the Boooklyn Navy Yard in time to vote. About eight did return. We find that these and the other objections raise no substantial and material issues with respect to the conduct of the ballot and the Election Report. They are therefore overruled. - Since counting of the challenged ballots is essential to the deter- mination of the result of the election, we shall direct that they be counted. DIRECTION 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Robert Jacobs, Inc., New York City, the Regional Director for the Second Region (New York City) shall, pursuant,to said Rules and Regulations,, and subject to Article III, Section 9 thereof, within ten, (10) days from the date of this Direction, open and count the challenged ballots herein declared valid, and shall thereafter prepare and cause to be served upon the parties to this proceeding a Supple- mental Election Report embodying her findings therein and her recommendations as to the result of the balloting.