American Export Lines, Inc.

National Labor Relations Board - Board Decisions

Jun 10, 1949

84 N.L.R.B. 134 (N.L.R.B. 1949)

In the Matter of AMERICAN EXPORT LINES, INC., EMPLOYER aB4d
AMERICAN MERCHANT MARINE STAFF OFFICERS' ASSOCIATION, AFL
Case No. RC-750
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
June 1011949
Pursuant to a Decision and Dire4tion of Election issued in the
above-entitled matter on March 11, 1949,1 an election by secret ballot
was being conducted by the Regional Director for the Second Region,
during the course of which, on May 5, 1949, some 30 ballots which had
been cast in this election were taken from the custody of a Board
agent. To date none of the ballots has been recovered. As the out-
come of the election cannot be validly determined in the absence of
these ballots, we shall direct that another election be conducted among
the employees in the unit found appropriate in our previous decision.
As it appears that there has been a large turn-over in personnel of
the Employer since our prior Direction of Election, we shall establish
a new voting eligibility date. In view of the uncertainties surround-
ing this type of election, and the time consumed in voting personnel
assigned to ocean-going vessels, we shall vest in the Regional Director
for the Second Region discretion to determine the exact time, places,
and procedure for holding the election, except that balloting shall be
completed not more than 120 days from the date the first ballots are
cast.
SECOND DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the pur-
pose of collective bargaining with American Export Lines , Inc., New
York City, an election by secret ballot shall be conducted as early as
1 Matter of American Export Lines, Inc., 81 N. L. It. B., No 1370.
2 Having failed to achieve compliance , or to initiate steps for compliance , with Section
9 (f), (g), and (h) of the Act, the Intervenor will not be accorded a place on the ballot.
Matter of Wilson Transit Company , 75 N. L. It. B. 181.
84 N. L. R. B., No. 22.
134
AMERICAN EXPORT LINES, INC. 135
possible after the date of this Second Direction of Election in con-
formity with the instructions set forth above, under the direction and
supervision of the Regional Director for the Second Region and
subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series' 5, as amended, among the em-
ployees in the unit found appropriate in the Decision of March 11,
1949, supra, who were employed during the pay-roll period imme-
diately preceding the date of this Second Direction of Election,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, but exclud-
ing those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of election,
and also excluding employees on strike who are not entitled to re-
instatement, to determine whether or not they desire to be represented,
for purposes of collective bargaining, by American Merchant Marine
Staff Officers' Association, AFL.
MEMBERS REYNOLDS and GRAY took no part in the consideration of
the above Supplemental Decision and Second Direction of Election.