Lihue Plantation Co., Ltd.

National Labor Relations Board - Board Decisions

Apr 26, 1940

23 N.L.R.B. 254 (N.L.R.B. 1940)

In the Matter of LIHuE PLANTATION COMPANY, LTD. and AHUXINI
TERMINAL AND WATERFRONT WORKERS' ASSOCIATION, LOCAL No.
21744
In the Matter of LIHUE PLANTATION COMPANY, LTD. and INTERNA-
TIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL No.
1-35
Cases Nos. R-1590 and R-1591, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 26, 1940
On January 8, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in the
above-entitled proceedings. Pursuant to the Direction of Election
an election by secret ballot was conducted on February 21, 1940, under
the direction and supervision of the Regional Director for the Twen-
tieth Region (San Francisco, California). On March 13, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional 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:
Total number eligible to vote________________________________ 159
Number of votes for Ahukini Terminal & Waterfront Workers'
Association, Local No 21744_______________________________ 61
Number of votes for International Longshoremen's & Ware-
housemen's Union, Local 1-35, Unit 2______________________ 89
Number of votes for neither_________________________________ 3
Total number of votes counted_______________________________ 153
Number of blank ballots_____________________________________ 0
Number of void ballots______________________________________ 0
Number of challenged ballots________________________________ 0
On February 26, 1940, Ahukini Terminal and Waterfront Workers'
Association, Local No. 21744, affiliated with the American Federation
of Labor, filed with the Regional Director Objections to the Election
119 N. L. R. B 130
23 N. L. R. B, No. 21.
254
LLHUE PLANTATION COMPANY, LTD. 255
Report. On April 17, 1940, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued a report on the Objec-
tions. The Board has considered the Objections and the Regional
Director's report thereon and finds that the Objections raise no sub-
stantial and material issues with respect to the conduct of the Election.
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, 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 Longshoremen's & Ware-
housemen's Union, Local No. 1-35, Unit 2, affiliated with the Congress
of Industrial Organizations, has been designated and selected by a
majority of the regular terminal employees-of the Lihue Plantation
Company, Ltd., Lihue, Island of Kauai, Territory of Hawaii, includ-
ing working foremen, employees who devote less than half their time
to clerical work, and all Lihue Plantation casuals and Kapaa casuals,
but excluding supervisory employees above the rank of working fore-
men, employees who devote more than half their time to clerical work,
and the timekeeper, as the representative for the purposes of collective
bargaining and that, pursuant to Section 9 (a) of the Act, Interna-
tional Longshoremen's & Warehousemen's Union, Local No. 1-35,
Unit 2, affiliated with the Congress of Industrial Organizations, is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.