Compagnie Generale Transatlantique

National Labor Relations Board - Board Decisions

Sep 6, 1957

118 N.L.R.B. 1327 (N.L.R.B. 1957)

COMPAGNIE GENERALE TRANSATLANTIQUE 1327
Payment : A. G. C,-Teamsters Welfare Fund
Per hour worked------------------------------------ $ 0.075
Hours per week------------------------------------- 40
Total per week----------------------------------- $3.00
Total per year (52 weeks, vacations not excluded ) ------------ $ 156.00
Salem, Oregon , Teamsters Security Fund
Payment, per month , $10.40.
Total per year (12 months ) -------------------------------------- 124. 80
Initiation fee-------------------------------------------------- - 40.00
Dues, per month , $5.00----------------------------------------- 60. 00
Total per employee , first year------------------------------ 588. 80
Average number of employees, 51.
Total from employees------------------------------------ 30, 028. 80
Compagnie Generale Transatlantique ( French Line ) and Steam-
ship Office Workers Union Local 1809 , International Longshore-
men's Association , Independent , Petitioner. Cases Nos. 2-RC-
8543 and 2-RC-8558. September 6, 195'
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Board Decision and Direction of Election issued on
March 4, 1957,1 an election was conducted on March 25, 1957, under
the direction and supervision of the Regional Director for the Second
Region, among employees of the Employer in the unit heretofore
found appropriate. Upon completion of the election, the parties were
furnished with a tally of ballots which showed that of approximately
107 eligible voters, 104 cast ballots, of which 55 were for the Petitioner
and 44 were against. There were four challenged ballots, a number
insufficient to affect the results of the election. One ballot was void.
On April 1, 1957, the Employer filed timely. objections to conduct
affecting the results of the election. In objection 1, the Employer
alleged : that the Petitioner, by a letter addressed to employees, on
October 16, 1956, admonished, threatened, and warned the employees
that other employees would not work with them if they failed to join
the Petitioner. In objection 2, the Employer alleged that the. Peti-
tioner deceived and misled the employees by communications directed
to them bearing dates of October 29, 1956, January 2 and February 7,
1957, which exaggerated benefits which the employees might receive
if the Petitioner prevailed in the forthcoming election. Finally, the
Employer alleged in objection 3 that the Petitioner misled the em-
ployees by informing them that their. leadership would be drawn
from fellow employees when in fact this did not occur, and that the
employees were accordingly unable to arrive at a free choice in the
election.
Yv 117 NLRB 585.
118 NLRB No. 108.
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In accordance with the Board's Rules and Regulations, the Regional
Director conducted an investigation and, on June 4, 1957, issued and
duly served upon the parties his report on objections. In this report,
the Regional Director concluded that consideration of the Petitioner's
misconduct alleged in objection 1, which occurred prior to the issuance
of the notice of hearing herein, was foreclosed under the Board
decision in The Great Atlantic and Pacific Tea Company, 101 NLRB
1118, in which the Board announced that it would refuse to consider
on the merits any alleged interference with Board elections which, in
contested cases, occurred prior to the date of issuance of notice of
hearing. With respect to objections 2 and 3, the Regional Director
concluded that the Petitioner's communications to the employees
constituted election propaganda which was not so coercive or mislead-
ing that it interfered with the employees' free choice of a bargaining
representative. Accordingly, the Regional Director recommended
that the Employer's objections be overruled and that a certification
of representatives should issue in favor of the Petitioner.
We adopt the Regional Director's recommendations that the objec-
tions be overruled and that the Petitioner be certified. However, with
respect to objections 1 and 2, we do so for reasons different than those
assigned by the Regional Director. In F. W. Woolworth Co., 109
NLRB 1446, the Board reappraised its policy governing the cut-off
date for considering on the merits objections relating to alleged
interference with elections. In the Woolworth case, the Board de-
clared that henceforth it would decline to consider the allegations of
such misconduct which occurred prior to the issuance of a Decision
and Direction of Election in a contested case, and to that extent,
modified the policy set forth in the Atlantic and Pacific case.
In the instant case, the Board's Decision and Direction of Election
issued on March 4, 1957. The conduct which the Employer alleged
had interfered with the election in its objections 1 and 2 occurred on
dates which fell well before the date of issuance of the Decision and
Direction of Election herein. For this reason, we conclude that objec-
tions 1 and 2 must be overruled. With respect to objection 3, we are
satisfied that the conduct of the Petitioner complained of in that
objection constituted election propaganda of a type which the Board
will not undertake to censor or police. Accordingly, the Employer's
objections to conduct affecting the results of the election are overruled.
We shall therefore issue a certification of representatives in favor
of the Petitioner.2
[The Board certified Steamship Office Workers Union Local 1809,
International Longshoremen's Association, Independent, as the desig-
2 The Employer 's request for oral argument is hereby denied as, in our opinion, the
briefs and the record herein adequately present the issues and positions of the parties.
PARKER BROTHERS & COMPANY, INC. 1329
nated collective-bargaining representative of the employees of the
Employer in the unit heretofore found appropriate.]
CHAIRMAN LEEDOM and MEMBER JENKINS took no part in the con-
sideration of the above Supplemental Decision and Certification of
Representatives.
Parker Brothers & Company, Inc. and International Brother-
hood of Boilermakers , Iron Ship Builders , Blacksmiths, Forg-
ers and Helpers , AFL-CIO, Local No. 469,1 Petitioner. Case
.No. 39-RC-1106. September 9, 1957
SUPPLEMENTAL DECISION AND DIRECTION
OF ELECTION
On May 3, 1957, the Board issued its Decision and Order 2 in this
case finding that the group of shipyard employees sought to be rep-
resented by the Petitioner was not appropriate for severance from
the historical bargaining unit as a traditional department , and re-
manding the proceeding for the taking of further testimony con-
cerning the Petitioner's alternative request for a craft unit or units
of welders. Since then the reopened hearing was duly held before
the same hearing officer; whose rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board further finds :
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) (7) of the Act.
4. The alternative craft unit requests encompass welders, burners,
and helpers employed by the Employer at its shipyard, or smaller
units of these same classifications employed in the maintenance group
at the shipyard or in the so-called shipyard force. However, at the
reopened hearing the Petitioner said it would be willing to represent
any unit of welders, burners, and helpers employed by the Employer
which the Board might find appropriate. On this record it appears
that if a craft group in the classifications requested is to be found,
it should include all members of the craft working at the shipyard.
We note that the contract executed in March 1957 between the Em-
ployer and the Intervenor, effective February 1, no longer sets out a
separate pay scale for the maintenance group and the record of the
original hearing definitely shows interchange between welders and
burners on the shipyard force and in the maintenance group. Spe-
'The Petitioner 's name is corrected as requested.
9 117 NLRB 1462.
118 NLRB No. 173.
450553-58-vol. 118-85