Atlantic Gulf & Pacific Co.

National Labor Relations Board - Board Decisions

Apr 7, 1942

40 N.L.R.B. 264 (N.L.R.B. 1942)

In the Matter of ATLANTIC GULF & PACIFIC Co. and INDEPENDENT
DREDGEMEN'S ASSOCIATION
Case No. R-3667.-Decided April 7, 194.
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Robert H. Kleeb, for the Board.
Mr. A. B. Cherbonier, of New York City, for the Company.
Mr. John Mason, of Elkton, Md., for the Independent.
Mr. Stephen J. Leslie, of New York City, for the Engineers.
Mr.-Gerard J. Manacle, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 2G, 1942, Independent Dredgemen's Association herein
called the Independent, filed with the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Atlantic Gulf & Pacific Co., New York
City, herein called the Company, engaged in the dredging, blasting,
and clearing of channels of navigable waters in basins and slips in
and about harbors in various places, 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 March 3, 1942, the Board, acting pursuant to Section 9 (c) of
the Act and Article III, Section 3, of National Labor Regulations
Board Rules and Regulations-Series 2, as amended, ordered an
investigation and authorized the Regional Director to conduct it^
and provide for an appropriate hearing upon due notice. On March
5, 1942, the.Company, the Independent, the International Union of
Operating Engineers, Local 825-D, affiliated with the American
Federation of Labor, herein called the Engineers, and the Board
40 N. L. R B, No 39
264
ATLANTIC GULF & PACIFIC Co. 265
entered into a "STIPULATION FOR CERTIFICATION UPON
CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on March 12, 1942, under the direction and supervision of
the Regional Director among all employees of the Company employed
in connection with the operation of the dredge Baltimore, who were
on the pay roll of the Company on March 5, 1942, excluding the
superintendent, the chief engineer, and the clerks, to determine
whether said employees desired to be represented by the Independent
or by the Engineers for the purposes of collective bargaining, or
by neither. On March 14, 1942, the Regional Director issued and
duly served upon the parties his 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-------------------------------------- 100
Total ballots cast------------------------------------------ 86
Total valid votes counted----------------------------------- 85
Total ballots challenged----------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 1
Votes cast for Independent Dredgemen's Association-------- 52
Votes cast for International Union of Operating Engineers,
Local S25-D---------------------------------------------- 31
Votes cast for neither-------------------------------------- 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 repre-
sentation of employees of Atlantic Gulf & Pacific Co., New York
City, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All employees of the Company employed in connection with the
operation of the dredge Baltimore, excluding the superintendent, the
chief engineer, and the clerks, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9' (b) of the National Labor Relations Act.
3. Independent Dredgemen's Association has been designated and
selected by a majority of the employees in the above unit as their
representative for the purposes of collective bargaining and is the
exclusive representative of all the employees in said unit, within the
meaning of Section 9 (a) of the National Labor Relations `Act.
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
By virture 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, Independent Dredgemen's Association
has been designated and selected by a majority of the employees of
the Company employed in connection with the operation of the
dredge Baltimore, excluding the superintendent, the chief engineer,
and the clerks, as their representative for the purposes of collective
bargaining, ,and that, pursuant to the provisions of Section 9 (a)
of the Act, Independent Dredgemen's Association 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.