Levingston Shipbuilding Co.

National Labor Relations Board - Board Decisions

Feb 28, 1942

39 N.L.R.B. 394 (N.L.R.B. 1942)

In the Matter of LEVINGSTON SHIPBUILDING COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1457
In the Matter of LEVINGSTON SHIPBUILDING COMPANY and MARINE PIPE
FITTERS AND WELDERS AND APPRENTICES, LOCAL No. 414
III the, Matter of LEVINGSTON SHIPBUILDING COMPANY and INTER-
NATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 450
Cases Nos. R-3329 to R-3331, Inclusive, Respectively
AMENDMENT TO DIRECTION OF ELECTIONS
February 28, 194,2
On January 31, 1942 the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding,-' the elections to be held not later than thirty
(30) days from the date of the Direction, under the direction and
supervision of the Regional Director for the Sixteenth Region (Fort
Worth, Texas). The Board, having been advised by the Regional
Director that a longer period within which to hold the elections is
necessary, hereby amends the Direction of Elections by striking there-
from the words "not later than thirty (30) days from the date of this
Direction" and substituting therefor the words "not later than forty-
five (45) days from the date of this Direction."
1 38 N L R B 882
39 N L R B, No 66.
394
In the Matter of LEVINGSTON SHIPBUILDING COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1457
In the Matter of LEVINGSTON SHIPBUILDING COMPANY and MARINE
PIPE FITTERS AND WELDERS AND APPRENTICES, LOCAL No. 414
In the Matter of LEVINGSTON SHIPBUILDING COMPANY and INTERNA-
TIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 450
Case Nos . R-33.9 to R-3331, inclusive and respectively
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
March 31, 1942
On January 31, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding., On February 28, 1942, the Board issued
an Amendment to Direction of Elections.' Pursuant to the Direc-
tion of Elections, as amended, elections by secret ballot were con-
ducted on March 5, 1942, under the direction and supervision of the
Regional Director for the Sixteenth Region (Fort Worth, Texas).
On March 7, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Election Report on the ballot. No objections to the conduct of
the ballot or the Election Report have been filed by any of the
parties.
"isNLRBSS2
39 N L R B 394
39 N. L R. B, No 66a.
395
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows : '
i BALLOT A
Total on eligibility list______________________________________ 64
Total ballots cast____________________________________________ 35
Total ballots challenged ------------------------------------ 0
Total blank ballots ----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted__________________________ ________ 35
Votes cast for International Association of Machinists, Local
No. 1457-------------------------------------------------- 29
-Votes cast against International Association of Machinists,
Local No. 1457------------------------------------------- 6
BALLOT B
Total on eligibility list- ------------------------------------ 31
Total ballots cast------------------------------------------- 14
Total ballots challenged ------------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 1
Total valid votes counted ----------------------------------- 13
Votes cast for Marine Pipe Fitters and Welders and Appren-
tices, Local No. 414__________________------------------------- --------------- 12
Votes cast against Marine Pipe Fitters and Welders and Ap-
prentices , Local No. 414----------------------------------- 1
BALLOT C
Total on eligibility list------------------------------------- 11
Total ballots cast ___________________________________________ 9
Total ballots challenged------------------------------------ 0
Total blank ballots__________________________________________ 0
Total void ballots------------------------------------------ 0
Total valid votes counted____________________________________ 9
Votes cast for International Union of Operating Engineers,
Local No. 450-------------------------------------------- 1
Votes cast against International Union of Operating Engineers
Local No. 450 ----------------------------------- 8
BALLOT D
Total on eligibility list------------------------------- _ 327
Total ballots cast------------------------------------------- 205
Total ballots challenged------------------------------------- 1
Total blank ballots----------------------------------------- 0
Total void ballots ____________________________________ 1
Total valid votes counted----------------------------------- 203
Votes cast for International Brotherhood of Boilermakers, Iron
Shipbuilders and Helpers of America , Local No. 408 ---------- 91
Votes cast against International Brotherhood of Boilermakers,
-
Iron Shipbuilders and Helpers of America, Local No. 408-__ 112
The results of the elections conducted among the employees in Bal-
lot C and Ballot D above show that no collective bargaining repre-
sentative has been selected by a majority of those employees. The
petition for investigation and certification of representatives of em-
LEVIN'GST''ON SHIPBUILDING COMPANY 397
ployees of Levingston Shipbuilding Company, Orange, Texas, filed
by International Union of Operating Engineers, Local No. 450, upon
which the election described as Ballot C was held, will be dismissed.
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 International Association of Machinists,
Local No. 1457, affiliated with the American Federation of Labor, has
been designated and selected by a majority of all machinists, ma-
chinists' apprentices and helpers, and welders working with the
machinists, of Levingston Shipbuilding Company, Orange, Texas, ex-
cluding all supervisory employees, as their representative .for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, International Association of Machinists, Local No. 1457,
affiliated with the American Federation of Labor, is the exclusive
representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.
IT IS HEREBY CERTIFIED that Marine Pipe Fitters and Welders and
Apprentices, Local No. 414, has been designated and selected' by a
majority of all marine pipe fitters, coppersmiths, apprentices, helpers,
and welders working with pipe fitters and coppersmiths of Leving-
ston Shipbuilding Company, Orange, Texas, excluding all supervisory
employees, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, Marine Pipe
Fitters and Welders and Apprentices, Local No. 414, is the exclusive
representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.
ORDER'
By virtue of 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 IB HEREBY ORDERED that the petition for investigation and certi-
fication of representatives of employees of Levingston Shipbuilding
Company, Orange, Texas, filed by International Union of Operating
Engineers, Local No. 450, be, and it hereby is, dismissed.