American Steamship Co.

National Labor Relations Board - Board Decisions

May 19, 1941

31 N.L.R.B. 972 (N.L.R.B. 1941)

In the Matter of AMERICAN STEAMSHIP COMPANY and NATIONAL
MARITIME UNION OF AMERICA, AFFILIATED WITH THE C. I. O.
In the Mater of BISON. STEAMSHIP COMPANY and NATIONAL MARITIME
UNION OF AMERICA, AFFILIATED WITH THE C. I. O.
Cases Nos. R- 020 and R-°20,21
SUPPLEMENTAL DECISION
AND
ORDER
May 19, 1941
On September 30, 1940, the National Labor Relations Board,
herein called the Board , issued a Decision and Direction of Elec-
tions in these proceedings .' Pursuant to the Direction of Elections,
and election by secret ballot was conducted among employees of
American Steamship Company, Buffalo, New York, herein called
American , on October 17, October 21 to 28, inclusive , and November
3, 1940, by the Regional Director for the Third Region ( Buffalo,
New York ). A similar election among employees of Bison Steam-
ship Company, Buffalo, New York, herein called Bison , was con-
ducted on October 18 and 22, 1940, by the Regional Director. On
November 4 , 1940, the Regional Director , acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended ,. issued and duly served upon the
parties his Election Report in each of the above-entitled cases.
As to the balloting among employees of American and its results,
the Regional- Director reported as follows :
Total on eligibility list----------------------------------- 337
Total ballots cast-------------------'-------------------- 325
Total ballots challenged---------------------------------- 6
Total blank ballots-------------------------------------- 1
Total void ballots---------------------------------------- None
Total valid votes cast------------------------------------- 318
Votes cast for National Maritime Union of America, affili-
ated with the C. I. 0.---------------------------------. 150
Votes cast against National Maritime Union of America,
affiliated with the C. I. 0.------------------._--_----_-- 168
127 N. L. R. B 584.
31 N. L. R. B.; No. 164.'
-
972
AMERICAN STEAMSHIP COMPANY 973
As to the balloting among employees of Bison and its results,
the Regional Director reported as follows :
Total on eligibility list----------------------------------- 37
Total ballots cast---------------------------------------- 37
Total ballots challenged---------------------------------- None
Total blank ballots__ _____________________________________ None
Total void ballots---------------------------------------- None
Total valid votes cast------------------------------------ 37
Votes cast for National Maritime Union of America , Affili-
ated with the C. I. 0.---------------------------------- • 8
Votes cast against National Maritime Union of America,
affiliated with the C. I. 0.------------------------------ 29
On November 20, 1940, National Maritime Union of America,
affiliated with the C. I. 0., herein called the Union, filed its Objec-
tions To The Conduct Of The Ballot in each case. On January 3,
1941, the Regional Director issued and duly served upon the parties
his Report on Objections in each case. Thereafter, it appearing to
the Board that the Objections raised substantial and material issues
with respect to the conduct of the ballots, the Board, on March 6,
1941, directed that a hearing be held on said Objections. Prior to
the holding of such hearing, the Union, on April 30, 1941, requested
permission to withdraw its objections. This request is hereby
granted. No other objections to the conduct of the ballots or to the
Election Reports have been filed by any of the parties. On May 5,
1941, the Board issued an order revoking its order of March 6, 1941.
The results of the elections show that no collective bargaining
representative has been selected by a majority of the employees of
either American or Bison in the units heretofore found to be ap-
propriate for the purposes of collective bargaining. We will, there..
fore, dismiss the petitions for investigation and certification of
representatives of employees of American and Bison.
ORDER
By_ virtue of Section 9 (c) of the National Labor Relations 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 ORDERED that the petition for, investigation and certifi-
cation of representatives of employee's of American Steamship Com-
pany, filed by National Maritime Union of America, affiliated with
the C. I. 0., be, and it hereby is, dismissed.
AND IT IS FURTHER ORDERED that the petition for investigation and
certification' of representatives of employees ' of Bison Steamship
Company, filed by National Maritime Union of America, affiliated
with the C. I. O., be, and it hereby is, dismissed.