Decatur Iron & Steel Co.

National Labor Relations Board - Board Decisions

Sep 10, 1943

52 N.L.R.B. 549 (N.L.R.B. 1943)

In the -Matter of DECATUR IRON & STEEL COMPANY and NATIONAL
MARITIME UNION AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. R-5388
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 10, 1943
On June 26, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above -entitled proceeding.,
Pursuant to the Direction of Election , an election by secret ballot was
conducted on July 16 , 1943, under the direction and supervision of
,the Regional Director for the Tenth Region ( Atlanta, Georgia). On
July 19, 1943, the Regional Director , acting pursuant to Article III,
Section 10 , of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Election Report.
As to the balloting and its results , .the Regional Director reported
as follows :
Approximate number of eligible voters--------------------- 236
Total ballots cast----------------------------------------- 130
Total ballots challenged---------------------------------- 14
Total void ballots----------------------------------------- 1
Total blank ballots-------------------------------------- 1
Total valid votes counted---------------------------------- 174
Votes cast for National Maritime Union, affiliated with the
Congress of Industrial Organizations--------------------- 97
Votes cast for International Brotherhood of Boilermakers,
Iron Shipbuilders; Welders & Helpers of America,
A F. of L---------------------------------------------- 70
Votes cast for neither------------------------------------- 7
On July 17, 1943, the International Brotherhood of Boilermakers,
Iron Shipbuilders, Welders & Helpers of America, A. F. of L., herein
called the A. F. of L., filed objections to the election alleging :
150 N. L R B. 874.
52 N. L. R. B., No. 89.
549
550 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. That the Company interfered with the conduct of the election
by changing, without notice, its regular pay day from Saturday to
Friday, the day of the election.
2. That the agent of the Board in charge of the election erred in
permitting to vote approximately 15 temporary employees.-
Following an investigation of the objections, on August 3, 1943, the
Regional Director issued and duly served on the parties a Report on
Objections in which he found the objections of the A. F. of L. to raise
no substantial or material issue with respect to the conduct of the
ballot.
The A. F. of L. asserts that 46 employees were effectually prevented
from voting by their inability to secure their pay and cast their
ballots within the time allotted. The Regional Director reports
'that, of the 46, 3 had left the employ of the Company prior to the elec-
tion and 9 did not report for work the day of the election. The A. F.
of L. also submitted the names of 7 employees who, it asserts, were
prevented from voting by the change in pay day. Of these, 1 was
absent from work on the day of the election and 3 were employees not
within the appropriate unit and hence ineligible to vote.
Voting periods were agreed upon by the parties and were so sched-
uled as to permit all employees an opportunity to vote. The Regional
Director reports, and we find, that all employees were afforded suffi-
cient time to secure their pay and to cast their ballots.
No mention of temporary employees was made at the hearing; no
protest was made as to their eligibility to vote by the A. F. of L. prior
to the election; and none of these was challenged at the polls. Since
temporary employees are not among the categories expressly exclud-
ed from the unit, and since no convincing reason is advanced for their
exclusion, we find that they were properly permitted to vote.
In view of the facts and circumstances set forth above, we find that
the objections of the A. F. of L. raise no substantial or material issues
with respect to the conduct of the ballbt and they are hereby overruled.
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,
and pursuant to Article III, Sections 9 and 10, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that National Maritime Union, affiliated
with the Congress of Industrial Organizations, has been designated
and selected by a majority of all employees of Decatur Iron & Steel
Company, Shipbuilding Division, Decatur, Alabama, including lead-
men, but excluding quartermen, foremen, supervisors, welders, cutters
DECATUR IRON & STEIEL COMPANY 551
and their helpers, clerical employees , timekeepers , inspectors, and
guards, as their representative for the purposes of collective bargain-
ing and that, pursuant to Section 9 (a) of the Act, the said organiza-
tion is the exclusive representative of all such employees for the pur-
poses of collective bargaining with respect to rates of pay, wages, hours
of employment , and other conditions of employment.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.