Nicholson Transit Co.

National Labor Relations Board - Board Decisions

Mar 11, 1946

66 N.L.R.B. 597 (N.L.R.B. 1946)

In the Matter of NICHOLSON TRANSIT COMPANY and FOREMAN'S
ASSOCIATION OF AMERICA (INDEPENDENT), CHAPTER 159
Case No. 7-R-2007
SUPPLEMENTAL DECISION
AND
SECOND AMENDED DIRECTION OF ELECTIONS
March 11, 1946
On January 14, 1946, the National Labor Relations Board issued a
Decision and Direction of Elections 1 in the above-entitled proceed-
ing, finding that engineers and mates employed by Nicholson Transit
Company, Ecorse, Michigan, herein called the Company, constituted
separate appropriate bargaining units and directing that separate
elections be conducted (1) among engineers of the Company to deter-
mine whether they desire to be represented by Foreman's Association
of America (Independent), Chapter 159, herein called the Fore-
man's Association, or by Marine Engineer's Beneficial Association,
herein called M. E. B. A., or by neither, and (2) among mates of the
Company to determine whether or not they desire to be represented
by the Foreman's Association, for the purposes of collective bargain-
ing. On January 25, 1946, the Regional Director for the Seventh
Region, within whose territory the Company's headquarters lie, in-
formed the Board that the 1945 navigation season on the Great Lakes
had closed and that the Company's boats were laid up and its em-
ployees dispersed, and requested that the Board extend the time for
holding the elections. On February 5, 1946, the Board issued an
order postponing indefinitely the holding of the elections.
The normal season of navigation on the Great Lakes is from April
15 to November 15. In 1945 some of the Company's boats operated
through December. During the 1945 season the Company operated
five boats, employing approximately 19 engineers and 15 mates. The
petition in the instant case was filed on March 23, 1945; the hearing
was held on August 20 and 21, 1945; and the Decision and Direction
of Elections issued on January 14, 1946. At the time of the hearing
in this proceeding the parties had reason to believe that the questions
1 65 N. L. R B. 418.
66 N. L. R. B., No. 81.
597
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
concerning representation which had arisen would be resolved during
the current operating season. No issue therefore arose during the
course of the hearing concerning the time for holding the elections
and the eligibility of employees in the units voting therein. Thus,
for determining eligibility to vote, the Board in its Direction of
Elections adopted its usual eligibility date for holding elections, i. e.,
employment during the pay-roll period immediately preceding the
date of the issuance of the Direction.
Due to unavoidable delay in processing this case, our Decision and
Direction of Elections did not issue, and therefore the elections were
not held during the 1945 operating season. Preparations for the
1946 season are now in progress. The Company has acquired five
additional boats and intends to operate 10 boats during the 1946
season, hiring additional mates and engineers for this purpose.
Under these circumstances, issues have now arisen between the Com-
pany and the Foreman's Association (1) as to the time for holding
the elections and (2) as to the date for determining eligibility to vote
in the elections. The Foreman's Association urges that the elections
should be held immediately by mail among mates and engineers em-
ployed during the 1945 season, among whom it carried on its organiza-
tional campaign, and for whose immediate benefit the petition herein
was filed. The Company urges that, in view of the delay, the elec-
tions should now be postponed until after the opening of the 1946
season, and that the elections should be conducted by manual ballot
among all mates and engineers then employed on its boats.2
We have considered the contentions of the parties and the matters
urged by each of them in support of their respective contentions.
Since the opening of the 1946 season is now imminent, we believe
that no useful purpose will be served by holding elections among em-
ployees listed on the 1945 pay roll in units necessarily restricted to
employees on these boats if the elections are to be representative of
the employees to be covered by any certification predicated upon such
elections.
In order to make the elections representative of mates and engi-
neers already employed or immediately to be employed by the Com-
pany for its operations during the 1946 season, and in accord with
our frequent practice in maritime cases,3 we will issue a Second
Amended Direction of Elections to provide (1) that the Regional
Director shall hold the elections among mates and engineers of the
Company as soon as possible but after employees in the respective
appropriate units have been engaged for the 1946 season, and (2) that
employees eligible to vote shall be those in each unit at the time when
2 M. E. B. A. has expressed no formal position with respect to the issues thus
raised.
8 See Matter of Bethlehem Transportation Corporation, et al., 66 N. L. R. B. 345.
NICHOLSON TRANSIT COMPANY 599
the boats to which they are attached are balloted, except that no em-
ployee shall be allowed to vote twice by virtue of transferring from
one boat to another.
SECOND AMENDED DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations, Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Nicholson Transit
Company, Ecorse, Michigan, separate elections by secret ballot
shall be conducted as soon as convenient and beginning as promptly
as possible after the employees in each unit have been hired for the
1946 season, under the direction and supervision of the Regional
Director for the Seventh Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among employees in
the groups set forth below who are employed on the date when their
respective boats are balloted, including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding those who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the
elections :
(1) Among all engineers employed by the Company to determine
whether they desire to be represented by Foreman's Association of
America (Independent), Chapter 159, or by Marine Engineers'
Beneficial Association, C. 1. 0., for the purposes of collective bargain-
ing, or by neither; and
(2) Among all mates employed by the Company to determine
whether or not they desire to be represented by Foreman's Association
of America (Independent), Chapter 159, for the purposes of collec-
tive bargaining.