Marine Iron and Ship Building Co.

National Labor Relations Board - Board Decisions

Mar 18, 1948

76 N.L.R.B. 819 (N.L.R.B. 1948)

In the Matter Of MARINE IRON AND SHIP BUILDING COMPANY, EMPLOYER
and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP
BUILDERS AND HELPERS OF AMERICA, LOCAL No. 415, A. F. L.,
PETITIONER
Case No. 18-R-1922
ORDER REOPENING RECORD AND
REFERRING PROCEEDING TO REGIONAL DIRECTOR
March 18, 1948
On December 18, 1947, a hearing was held in the above-entitled
proceeding. At the hearing, the United Steelworkers of America,
C. I. 0., Local 1625, herein called the Intervenor, moved to intervene
upon the ground that it has an existing collective bargaining agreement
with the Employer covering all employees of the Employer in a plant-
wide unit, including those sought by the Petitioner herein. The
Hearing Officer granted the motion, but, because the Intervenor had
not complied with Section 9 (f), (g), and (h) of the Act, permitted
intervention only for the purpose of showing that the contract was
a bar to an election, and refused to permit the Intervenor to introduce
evidence bearing on the appropriate unit.
Notwithstanding the Intervenor's non-compliance, the Hearing
Officer was justified in granting intervention on the strength of the
contractual interest. He erred, however, in limiting its scope.' In
order to afford the Intervenor the full exercise of its right to intervene,
we hereby reverse the ruling of the Hearing Officer, and shall order
the record reopened and a further hearing held.2
ORDER
IT IS HEREBY ORDERED that the record herein be reopened, and that
a further hearing be held for the purpose of permitting said Inter-
venor, which has a contractual interest, to introduce evidence bearing
on any and all issues in this case, and
IT IS FURTHER ORDERED that this proceeding be referred to the Re-
gional Director for the Eighteenth Region for the purpose of conduct-
ing such further hearing, and that the said Regional Director be, and
lie hereby is, authorized to issue notice thereof.
1 Matter of American. Chain it Cable Company , Inc, Case No . 4-R-2752, order entered
February 17, 1948
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
National Labor Relations Board has delegated its powers in connection with this case to a
three-nian panel consisting of the undersigned Board Members [Houston, Murdock, and
Gray]
76 N L. R B , No. 112 -
819
781902-48-vol 76-58