American Dredging Co.

National Labor Relations Board - Board Decisions

Jan 23, 1941

29 N.L.R.B. 170 (N.L.R.B. 1941)

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.