Luders Marine Construction Co.

National Labor Relations Board - Board Decisions

Jun 26, 1941

32 N.L.R.B. 1268 (N.L.R.B. 1941)

In the Matter of LUDERs MARINE CONSTRUCTION COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS , AFFILIATED WITH THE AMER-
ICAN FEDERATION OF LABOR
Case No. R--2484
SUPPLEMENTAL DECISION
AND
ORDER
June 26, 1941
On May 12, 1941, the National Labor Relations Board issued a De-
cision and Direction of Election in the above-entitled proceeding.'
Pursuant to the Direction of Election, an election by secret ballot was
conducted on May 27, 1941, at Stamford, Connecticut, under the direc-
tion and supervision of the Regional Director for the Second Region
(New York City). On May 29, 1941, 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 an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote --------------------------------- 374
Total number of ballots cast_______________________________ 356
Total number of valid ballots - -------------------------------- 346
Total number of votes in favor of International Association of
Machinists, affiliated with the American Federation of Labor- 83
Total number of votes in favor of Industrial Union of Marine
and Shipbuilding Workers of America, Lo^al 38, affiliated with
the Congress of Industrial Organizations ___________________ 103
Total number of votes in favor of neither union______________ 160
Total number of blank ballots________________________________ 0
Total number of void ballots ________________________________ 2
Total number of challenged ballots ___________________________ 8
The Regional Director further stated that she was not reporting or
making any recommendation with regard to the challenged ballots,
since a counting of them was not essential to determine the result of
the election.
1 31 N. L. R. B. 757.
32 N. L. R. B., No. 1.80.
1268
LUDERS MARINE CONSTRUCTION COMPANY 1269
No objections to the conduct of the ballot or to the Election Report
were filed by any of the parties. On June 2,1941, the Industrial Union
of Marine and Shipbuilding Workers of America, Local 38, affiliated
with the Congress of Industrial Organizations, requested a run-off
election.
The results of the election show that, irrespective of a determina-
tion of the validity of the challenged ballots, no collective bargain-
ing representative has been selected by a majority of the employees
of Luders Marine Construction Company in the unit heretofore found
to be appropriate for collective bargaining, and that a plurality of
the valid ballots was cast for neither union. Under the circum-
stances we shall dismiss the petition for investigation and
certification of representatives 2
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 Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, the National Labor Relations Board hereby orders that
the petition for investigation and certification of representatives of
employees of Luders Marine Construction Company, Stamford,
Connecticut, filed herein, be, and it hereby is, dismissed.
MR. EDWIN S. SMITH , dissenting :
A majority of the employees voting in the election have indicated
their desire to bargain collectively with the Company, I would,
therefore, in accordance with the request of the Industrial Union,
direct a run-off election in which the employees in question would be
given an opportunity to decide whether they desire to be repre-
sented by the I. A. M. or by the Industrial Union for purposes of
collective bargaining.8
2 Matter of General Motors Corporation (Deleo -Remy Division ) and International Union,
U. A. W. A., et al., 25 N. L. R. B. 258; Matter of Em¢l J. Paidar and United Furniture
Workers of America, Local 18-B, et al., 26 N. L. R. B. 1486.
3 See cases cited in Matter of General Motors Corporation (Deleo-Remy Division) and
International Union, U. A. W. A., et al., 25 N. L. R. B. 258; Matter of Aluminum Com-
pany of America and International Union, United Automobile Workers of America, Alcoa
Unit No. 808, 32 N. L. R. B. 235.