John I. Hay Co.

National Labor Relations Board - Board Decisions

Jul 7, 1942

42 N.L.R.B. 109 (N.L.R.B. 1942)

In the Matter of JOHN I . HAY Co and RIVER BOATMEN 'S UNION
(INDEPENDENT)
In the Matter Of MARINE -TRANSIT COMPANY and RIVER BOATMEN'S
UNION ( INDEPENDENT)
In the Matter of A . L. MECPILING BARGE LINE and RIVER BOATMEN'S
UNION ( INDEPENDENT)
Cases Nos. R-3567, R-3568, and R-3569, respectively
SECOND SUPPLEMENTAL DECISION
DIRECTION
AND
CERTIFICATION OF REPRESENTATIVES
July 7, 19412
On April 29, 1942, the National Laboi Relations Board issued a
Decision and Direction of Elections in the above-entitled proceed-
ings,' and on May 20, 1942, an Aniendment to Direction of Elections,2
and on May 27, 1942, a Supplemental Decision and Second Amend-
ment to Direction of Elections 3 Puisuant to the Direction ,of Elec-
tions, as amended, elections by seciet-ballot were conducted between
the dates of May 28 and June 13, 1942, under the direction and
supervision of the Regional Director foi the Thuteenth Region (Chi-
cago, Illinois) On June 19, 1942, the Regional Dneetor,, acting
pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-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 :
3 40 N L R B 1022
241 N L R B 154
3 41 N L R B 155
42 N. L R B, No 32.
109
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I John I Hay Co
a Licensed personnel
Number eligible------------------------------------------- 13
Number of ballots cast----------------------------------- 12
Number of blank ballots---------------------------------- 0
Number of void ballots--------------------------------- 0
Number of ballots challenged (not opened) ---------------- I
Number of valid ballots counted--------------------------- 11
Number of valid ballots counted plus unopened challenged
ballots------------------------------------------------- 12
Number of valid ballots necessary for majority------------ 7
Number of valid ballots cast for River Boatmen's Union
(Independent) ----------------------------------------- 4
Number of valid ballots cast for National Organization of
Masters, Mates, and Pilots of America, Local No 28,
A F L------------------------------------------------ 7
Numbei of valid votes cast for neither--------------------- 0
b Unlicensed personnel
Number eligible ------------------------------------------
it
of bal ots cast ---------------------------- 6
Number of blank ballots---------------------------------- 0
Number of void ballots----------------------------------- 0
Number of ballots challenged (not opened) ----------------- 1
Number of valid ballots counted-------------------------- 5
Number of valid ballots counted plus unopened challenged
ballots------------------------------------------------- 6
Number of valid ballots necessary for majority------------ 4
Number of valid ballots cast for River Boatmen's Union
(Independent) ----------------------------------------- 3
Numbei of valid ballots cast for Tug Firemen, Linemen, and
Oilers Protective Association of America, affiliated with
the International Longshoremen's Association, A F of L-- 1
Number of valid ballots cast for neither-------------------- -- --- 1
lI Marine Transit Company
a Licensed personnel
Number eligible------------------------------------------ 5
Number of ballots cast------------------------------------ 5
Number of blank ballots---------------------------------- 0
Number of void ballots------------------------------------- 0
Number of ballots challenged (not opened) ---------------- 0
Number of valid ballots counted-------------------------- 5
Number of valid ballots counted plus unopened challenged
ballots------------------------------------------------- 5
Number of valid ballots necessary for majority------------- 3
Number of valid ballots cast for River Boatmen's Union
(Independent) ----------------------------------------- 5
Number of i alid ballots cast for National Organization of
Masters, Mates, and Pilots of America, Local No 28,
A F L------------------------------------------------ 0
Number of valid ballots cast foi neither---------------- -- 0
5
c
JOHN I HAY CO. 111
b Unlicensed personnel
Numbei eligible------------- ---------------------- 5
Number of ballots cast----------------------------------- 5
Number of blank ballots----------------------------------- 0
Number of void ballots--- ------------------------------- 0
Number of ballots challenged (not opened) ---------------- 0
Number of Valid ballots counted--------------------------- 3
Numbei of Valid ballots counted plus unopened challenged
ballots------------------------------------------------- 5
Numbei of Valid ballots necessary for majority------------- 3
Number, of valid ballots cast for River Boatmen's Union
(Independent) ----------------------------------------- 5
Number of valid ballots cast for Tug Firemen, Linemen, and
Oilers Piotective Association of America, affiliated with
the International Longshoremen's Association, A F of L_- 0
Numbei of valid ballots cast for neither__________________ 11
III A L 1\Iechling Barge Line
a Licensed personnel
Number eligible------------------------------ I----------- 36
Number of ballots cast------------------------------------ 32
Numbei of blank ballots ---------------------------------- 0
Number of void ballots------------------------------------ 0
Number of ballots challenged (not opened) ---------------- 1
Nuinbei of valid ballots counted--------------------------- 31
Number of valid ballots counted plus unopened challenged
ballots------------------------------------------------- 32
Numbei of Valid ballots necessary for majority------------ 17
Numbei of valid ballots cast far River Boatmen's Union
(Independent) ----------------------------------------- 21
Numhei of valid ballots cast for National Organization of
Masters, Mates, and Pilots of America, Local No 28,
A F L------------------------------------------------ 5
Numhei of N alid ballots cast for neither ------------------- 5
b Unlicensed personnel
Number eligible------------------------------------------ 41
Number of ballots cast----------------------------------- 29
Number of blank ballots--------------------------------- 1
Number of void ballots----------------------------------- 0
Numbei of ballots challenged (not opened) ---------------- 2
Number of valid ballots counted--------------------------- 26
Numbei of valid ballots counted plus unopened challenged
ballots-------------------------------------=----------- 28
Number of valid ballots necessary for majoiity------------- 15
Number of valid ballots cast foi River Boatmen's Union
(Independent) ----------------------------------------- 22
Numhei of valid ballots cast foi Tug Firemen, Linemen, and
Oilers Protective Association of Ameirca, affiliated with
the International Longshoremen's Association, A F of L-- 3
Numbei of valid ballots cast for neither-------------------- 1
Henry McComas voted in both elections among employees of John
I Hay Co, and his ballot in each case was challenged by the
112 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
iepiesentative of the Regional Director conducting the elections
The Regional Director has reported that McComas is canned on the
pay roll of the Hay Co as a deckhand and has always been so
classified although he claims to be licensed as a mate. The Regional
Director recommended that McComas ' ballot in the election among
licensed personnel be not counted and that his ballot in the election
among unlicensed personnel be counted No objections have been
made to the Regional Director 's recommendation , and we hereby
adopt it. Since the results of the election among the unlicensed
personnel may be affected by McComas ' ballot, we shall direct that
the Regional Director open and count said ballot and thereafter
piepare and serve on the parties a Supplemental Election Report
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Laboi
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
DIRECTED that, as pait of the investigation to ascertain representa-
tives for the purposes of collective bargaining with John I Hay Co ,
Chicago, Illinois, the Regional Directoi foi the Thirteenth Region
(Chicago, Illinois ) shall , pursuant to said Rules and Regulations,
and subject to Article III, section 9, thereof , within ten ( 10) days
from the date of this Direction , open and count the ballot of Heniy
McComas cast in the election among the unlicensed personnel of
John I. Hay Co, and thereafter prepaie and cause to be served upon
the parties a Supplemental Election Report, embodying therein his
findings and recommendations as to the results of the secret ballot
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 Rela-
tions 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 CERTIFIED that National Organization of Masteis,
Mates, and Pilots of America, Local No 28, affiliated with the Amei i -
can Federation of Labor, has been designated and selected by a ma-
jority of all licensed personnel of John I. Hay Co, Chicago, Illinois,
on the river towboats Stark D. WIzitenav , Edward TV . Bzlliorzz, and
Chicago Bridge, as their representative for the purposes of collec-
tive bargaining , and that, pursuant to Section 9 (a) of the National
Labor Relations Act, National Organization of Masters , Mates,
JOHN I. HAY CO 113
and Pilots of America , Local No 28, affiliated with the American
Federation of Labor , is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates of
pay, wages , hours of employment , and other conditions of employ-
ment;
IT IS FURTHER CERTIFIED that River Boatmen's Union ( Independent)
has been designated and selected by a majority of all licensed per-
sonnel of Marine Tiansit Company , Chicago, Illinois, on its liver
towboat as their representative for the purposes of collective bai-
gaining, and that, pursuant to Section 9 (a) of the National Laboi
Relations Act, River Boatmen's Union (Independent ) is the exclusive
representative of all such employees for the purposes of collectiN e
bargaining in respect to rates of pay, wages , hours of employment,
and other conditions of employment;
IT IS FURTHER CERTIFIED that River Boatmen 's Union ( Independent)
has been designated and selected by a majority of all unlicensed
personnel of Marine Transit Company, Chicago , Illinois, on its river
towboat as their representative for the puiposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the National Labor
Relations Act, River Boatmen's Union (Independent ) 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;
IT IS FURTHER CERTIFIED that River Boatmen 's Union ( Independent)
has been designated and selected by a majoi sty of all licensed per-
sonnel of A L Mechling Barge Line, Joliet, Illinois, on its river
towboats as their iepresentative for the purposes of collective bai-
gaining, and that, pursuant to Section 9 (a) of the National Laboi
Relations Act, River Boatmen's Union (Independent) is the exclu-
sive representative of all such employees for the purposes of collec-
tive bargaining in respect to rates of pay, wages , hours of employ-
ment, and other conditions of employment;
AND IT IS FURTHER CERTIFIED that River Boatmen 's Union (Indepen-
dent ) has been designated and selected by a majority of all unlicensed
personnel of A. L. Mechling Barge Line, Joliet, Illinois, on its river
towboats as their representative for the purposes of collective bar -
gaining, and that, pursuant to Section 9 (a) of the National Labor
Relations Act, River Boatmen's Union (Independent) is the exclu-
sive representative of all such employees for the purposes 'of collec-
tive bargaining in respect to rates of pay, wages , hours of employ-
ment, and other conditions of employment
CHAIRMAN MILLIS took no part in the consideration of the above
Second Supplemental Decision, Diiection, and Certification of
Representatives
472814-42-cos 42--S
In the Mattel of JOHN I HAY Co and RIVER Bo1IJIEN'S UNION
(INDEPENDENT)
In the Mattel Of MARINE TRANSIT COMPANY and RIVER BOA'nTRN's
UNION (INDEPENDENT)
In the Mattel of A L MECHLING BARGE LINE and RIVER BOATMEN'S
UNION ( INDEPENDENT)
Cases Nos R3567, R-3568, and R-3509, respectively
CERTIFICATION OF REPRESENTATIVES
July 30, 1919
On April 29, 1942, the National Labor Relations Board issued a
Decision and Direction of Elections in the'above entitled pioceediiig,l
and on May 20, 1942, an Amendment to Direction of Elections,' and
on May 27, 1942, a Supplemental Decision and Second Amendment
to Direction of Elections,3 and on July 7, 1942, a Second Supplemental
Decision, Direction and Certification of Representatives.4
Pursuant to the Second Supplemental Decision, Diiectiou and
Certification of Representatives, on July 16, 1942, the Regional Di-
rector for the Thuteenth Region (Chicago, Illinois) opened and
counted the challenged ballot of Henry McComas, cast in the election
among the unlicensed personnel of John I Hay Co, Chicago, Illinois,
on the river towboats Starle D Whiteman, Edward W Balhorn, and
Chicago Bridge On the same day, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties a Supplemental Election Report. No objections to
the opening of the challenged ballot or to the Supplemental Election
Report have been^filed by any of the parties
As to the final results of the election, including the ballot of Heni N
McComas, the Regional Director reported as follows
1 40 N L R B 1022
2 41 N L R B 154
841N L R B 155
42 N L R B 109
42 N L R B, No 32a
114
JOHN I. HAY COMPANY 115
Number eligible--------------------------------------------- 11
Number of ballots cast_ _____________________________________ 6
Number of blank ballots______________________ ___----------- 0
Number of void ballots______________________________________ 0
Number of ballots challenged (opened ) ----------------------- I
Number of ballots counted plus opened, challenged ballot____ 6
Number of valid ballots necessary for majority ________________ 4
Number of valid ballots cast for River Boatmen's Union
(Independent ) -------------------------------------------- 4
Number of valid ballots cast for Tug Firemen , Linemen, and
Oilers Protective Association of America , affiliated with the
International Longshoremen 's Association , A F of L------- 1
Number of valid ballots cast for neither _______________________ 1
The counting of the ballot cast by Henry McComas has iesulted in
the River Boatmen's Union (Independent) receiving a majority of the
b;otes cast Therefore, by viitue of and pursuant to the power vested
in the National Labor Relations Boai d by 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 CERTIFIED that River Boatmen's Union (Independent)
has been designated and selected by a majoiity of all unlicensed per-
sonnel of John I Hay Co, Chicago, Illinois, on the river towboats
Stark D. Whiteman, Edward W. Bilhorn, and Chicago Bridge, as their
iepresentative for the purposes of collective bargaining, and that
pursuant to Section 9 (a) of the National Labor Relations Act, River
Boatmen's Union (Independent) 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. -