American Dredging Co.

In the Matter of AMERICAN DREDGING COMPANY and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL No. 1 Case No. R-3153.Decided October 29,1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. . Mr. Jerome 1. Macht, for the Board. Mr. J. V. Cher' bonnier, of Philadelphia., Pa., for the Company. Mr. Frank A. Evans, of Camden, N. J., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On August 1, 1941, Industrial Union of Marine and Shipbuilding Workers of 'America, C. I. O., filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that.aquestion',affecting commerce had arisen concerning the represen- tation of employees of American Dredging Company, Philadelphia, Pennsylvania, herein called the Company, engaged in general dredg- ing business, and more particularly in dredging, blasting, and clearing the channels of navigable waters and the basins and slips in and about harbors, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 2, 1941, the Na- tional Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On September 30, 1941, the Company, Industrial Union of Marine and Shipbuilding Workers of America, Local No. 1, and an attorney for the National Labor Relations Board entered into a "Stipulation for Certification Upon Consent Election." 36 N. L. R. B., No. 100. 501 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the stipulation, an election by secret ballot was conducted on October 3,1941, under the direction and supervision of the Regional Director among all hourly paid yard employees of the Company, ex- clusive of supervisors, clerks, and employees of the Company's marine craft, to determine whether or not said employees desired to be repre- sented by Industrial Union of Marine and Shipbuilding Workers of America, C. I. O. On October 9, 1941, the Regional Director issued and duly served upon the parties his Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by either of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list---- ----------------------------------- 60 Total ballots cast ------------------------------------------- 55 Total valid ballots cast-------------------------------------- 55 Challenged ballots- ------------------------------------------ 0 Blank ballots----------------------------------------------- 0 Void ballots------------------------------------------------ 0 Ballots cast for Industrial Union of Marine and Shipbuilding Workers of America, C. I. 0------------------------------- 51 Ballots cast against Industrial Union of Marine and Shipbuild- ing Workers of America , C. I. 0---------------------------- 4 Upon the basis of the stipulation, the Election Report, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre. sentation of employees of American Dredging Company, Philadelphia, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. . 2. All hourly paid yard employees of the Company, exclusive of supervisors, clerks, and employees on the Company's marine craft, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3.. Industrial Union of Marine and Shipbuilding Workers of Amer- ica, C. I. 0., has been designated and selected by a majority of the employees in the above-described unit as their representative for the purposes of collective bargaining and is the exclusive representative of all the employees in the said unit within the meaning of Section 9 (a) of the 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 Relations Act, AMERICAN DREDGING COMPANY 503 IT IS ]HEREBY CERTIFIED that Industrial Union of Marine and Ship- building Workers of America, C. 1. 0., has been designated and selected by a majority of all hourly paid yard employees of American Dredging Company, Philadelphia, Pennsylvania, exclusive of supervisors, clerks, and employees on the Company's marine craft, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, Industrial Union of Marine and Shipbuilding Workers of America, C. I. 0., is the exclusive rep- resentative of all such employees for the purposes of collective bar- gaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.