American Dredging Co.

National Labor Relations Board - Board Decisions

Dec 30, 1941

37 N.L.R.B. 1039 (N.L.R.B. 1941)

In the Matter Of AMERICAN DREDGING COMPANY and INDUSTRIAL UNION
OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL No. 1
Case No. R-3390 .-Decided December 30, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Ralph P. Winters, for the Board.
Mr. A. V. Cherbonnier, of Philadelphia, Pa., for the Company.
Mr. Frank A. Evans, of Camden, N. J., for the Union.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 28, 1941, Industrial Union of Marine and Shipbuild-
ing Workers of America, Local No. 1, herein called the Union, filed
with the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania) a petition alleging that a question affecf'ing commerce
had arisen concerning the representation of employees of American
Dredging Company, Philadelphia, Pennsylvania, herein called the
Company, engaged in a general dredging business, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 28,.1941, the Company, the Union, and
the Board entered into a "STIPULATION FOR CERTIFICATION
UPON CONSENT ELECTION." On December 1, 1941, the Na-
tional Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act, and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Direc-
tor to conduct it and to provide for an appropriate hearing upon due
notice.
Pursuant to the Stipulation, an election was conducted on December
4, 1941; under, the direction and supervision of the Regional Director,
37NLRB,No181
1039
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
among all hourly paid "bank" employees, exclusive of supervisors,
clerks, employees on the Company's marine craft, and yard employees,
to determine whether or not they desire to be represented by the Union.
On December 8, 1941, the Regional Director issued and duly served
upon the parties an Election Report on the ballot. No objections to the
conduct of the ballot or to the Election Report have been filed by any
of the parties. -
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list------------------------------------ 62
Total ballots cast----'----------------- ----------- 58
Total ballots blank ---------------------------------------- 0
Total ballots void ---------------------------------------- p
Total ballots challenged---------------------------------- 0
Total valid votes counted--------------------------------- 58
Votes cast for Industrial Union of Marine and Shipbuilding
Workers of America, Local No. 1, C. I 0----------------- 56
Votes cast against said union----------------------------- 2
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 rep-
resentation of employees of American Dredging Co., Philadelphia,
Pennsylvania, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All hourly paid "bank" employees, exclusive of supervisors,
clerks, employees on the Company's marine craft, and yard em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b), of the National
Labor Relations Act.
3. Industrial Union of Marine and Shipbuilding Workers of
America, Local No. 1, has been designated and selected by a major-
ity of the employees in the above unit as their representative for
the purposes of collective bargaining, and is the exclusive repre-
sentative of all employees in said unit within the meaning of Section
9 (a) of the National Labor Relations 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,
IT IS HEREBY CERTIFIED that Industrial Union of Marine and Ship-
building Workers of America, Local No. 1, has been designated and
AMERICAN DREDGING COMPANY 1041
selected by a majority of all hourly paid "bank" employees of
American Dredging Company, Philadelphia , Pennsylvania , exclu-
sive of supervisors, clerks, employees on the Company 's marine
craft, and yard employees , as their representative for the purposes
of collective bargaining , and that, pursuant to Section 9 (a) of the
Act, Industrial Union of Marine and Shipbuilding Workers of
America, Local No. 1, 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 conditions of
employment.