Hutchinson & Co.

National Labor Relations Board - Board Decisions

May 27, 1953

105 N.L.R.B. 25 (N.L.R.B. 1953)

HUTCHINSON & CO 25
HUTCHINSON & CO., BUCKEYE STEAMSHIP CO., PIONEER
STEAMSHIP CO., AND INLAND STEEL CO. and UNITED
STEELWORKERS OF AMERICA, CIO, Petitioner. Case No.
8-RC-1765. May 27, 1953
ORDER GRANTING MOTION IN PART and FURTHER
AMENDING DECISION AND DIRECTION OF ELECTIONS and
SECOND DIRECTION OF ELECTION
On October 23, 1952, the Board issued a Decision and Direc-
tion of Elections' in the above-entitled proceeding. An election
was conducted pursuant thereto in unit (2), and on November 19,
1952, the Regional Director issued a certification of representa-
tives. On March 11, 1953, the Board issued a Second Direction
of Election in unit (1) and onMay6, 1953, an amendment there-
to. On April 15, 1953, counsel for Pioneer Steamship Company,
Buckeye Steamship Company, and Hutchinson & Company filed
a motion for reconsideration requesting that the Board dismiss
the petition for certification of representatives previously filed
herein and require the filing of 2 distinct and separate petitions
or in the alternative amend its Decision and Direction of Elec-
tions by eliminating Hutchins on as an Employer and establishing
2 separate units for employees of Pioneer and Buckeye. On
May 13, 1953, United Steelworkers of America, CIO, Petitioner
herein, advised the board that it was agreeable to the establish-
ment of separate units as alternatively requested in the motion
for reconsideration. The Intervenor maintained its original
position for a single unit of the employees of all Employers
involved herein.
The Board having duly consideredthe matter, decided to deny
the request to dismiss the petition , but to grant the request to
amend the Decision and Direction of Elections. Accordingly,
IT IS HEREBY ORDERED that the aforesaid Decision and
Direction of Elections be, and it hereby is, further amended
by striking therefrom the last paragraph on page 95 and the
first paragraph on page 96 and substituting therefor the follow-
ing:
(1) All unlicensed personnel on board all vessels owned
and/or operated by Employer Pioneer Steamship Company,
including wheelsmen and oilers with or without licenses,
but excluding licensed officers, stewards, the conveyor-
man, captains, first and second mates, and chief engineers
on barges, boatswains, guards, professional employees,
and supervisors as defined in the Act.
(2) All unlicensed personnel on board all vessels owned
and/or operated by Employer Buckeye Steamship Company,
including wheelsmen and oilers with or without licenses,
but excluding licensed officers, stewards, the conveyorman,
captains , first and second mates, and chief engineers on
1101 NLRB 90, as amended on November 14, 1952.
105 NLRB No. 5.
26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
barges, boatswains , guards, professional employees, and
supervisors as defined in the Act.
(3) All unlicensed personnel on board all vessels owned
and/or operated by Employer Inland , excluding licensed
officers , stewards , boatswains , guards, professional em-
ployees, and supervisors as defined in the Act.
[Text of Order amending Direction of Elections = and Second
Direction of Election omitted from publication.]
By direction of the Board:
Ogden W . Fields,
Associate Executive Secretary.
t The amendments made with respect to Employer Inland are for record purposes only
since an election has been conducted among the employees of Employer Inland and a cer-
tification of representatives issued by the Regional Director on November 19, 1952.
THE EMERSON ELECTRIC MANUFACTURING COMPANY
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL NO. 1, AFL, Petitioner . Case No. 14-
RC-1969 . May 27, 1953
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
On March 13 , 1953, pursuant to a Decision and Direction of
Election dated February 19, 1953 , but not reported in printed
volumes of Board decisions , an election by secret ballot was
conducted under the direction and supervision of the Regional
Director for the Fourteenth Region among the employees of the
Employer in the unit found appropriate by the Board . Following
the election, a tally of ballots was furnished to the parties. The
tally showed that of 51 valid votes counted, 27 were for the
Petitioner , 24 for the Intervenor , and none was challenged. Both
the Employer and the Intervenor filed objections to the elec-
tion.
On April 3 the Regional Director filed his report on objec-
tions finding that the Employer ' s objections were untimely
because received 7 minutes after the official close of business
at the Regional Office on March 20, the last day for filing ob-
jections , but that if timely , they were in the nature of postelec-
tion challenges and therefore raised no substantial issue. The
Intervenor 's objections he found untimely because not received
until March 23 , 1953. Both the Employer and the Intervenor
duly filed exceptions to this report with the Board . After due
consideration , the Board issued its Order of April22 directing
105 NLRB No. 42.