Plymouth Towing Co., Inc.

National Labor Relations Board - Board Decisions

Sep 25, 1969

178 N.L.R.B. 651 (N.L.R.B. 1969)

PLYMOUTH TOWING COMPANY 651
Plymouth Towing Company, Inc. and Inland
Boatmen 's Union of the Seafarers International
Union of North America , Atlantic , Gulf, Lakes
and Inland Waters District , AFL-CIO, Petitioner.
Case I1-RC-2886
September 25, 1969
DECISION AND ORDER
By CHAIRMAN MCCULLOCFI AND MEMBERS
BROWN AND ZAGORIA
Pursuant to a stipulation for certification upon
consent election executed on March 27, 1969, an
election by secret ballot was conducted by mailed
ballots under the direction and supervision of the
Regional Director for Region 11 among the
employees in the appropriate unit. On May 1, 1969.
the parties were furnished with a tally of ballots
which showed that of approximately seven eligible
voters, seven ballots were cast of which three were
for, and two against, the Petitioner. Two ballots
were challenged. The challenged ballots are
sufficient in number to affect the results of the
election. The Employer and the Petitioner filed
timely objections to conduct affecting the results of
the election.
In accordance with the National Labor Relations
Board Rules and Regulations, Series 8. as amended,
the Regional Director conducted an investigation of
the challenged ballots and the Employer's objections
and, on July 10, 1969, issued and duly served upon
the parties his Report on Challenges and Objections,
in which he recommended that the Employer's
objections be overruled; that both of the challenges
be sustained; and that appropriate certification he
issued in view of his disposition of the challenges,
the Regional Director did not pass upon the
Petitioner's objections The Employer and the
Petitioner filed timely exceptions to the Regional
Director's Report. and brief's in support thereof.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a
three-member panel.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists
concerning the representation of the employees of
the Employer within the meaning of Section 9(e)(I )
and Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees constitute a unit appropriate
for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act:
All crew personnel employed by the Employer on
its vessels operating out of its Plymouth. North
Carolina, operations , excluding captains, the chief
engineer , guards and supervisors as defined in the
Act.
5. The Board has considered the Regional
Director ' s Report and the exceptions and briefs of
the parties , and hereby finds that the Employer's
exceptions to the Regional Director's
recommendation that the Employer ' s objections be
overruled raise no issues of fact or law which
require reversal of the Regional Director's
recommendation.'
The Regional Director , citing Ell and Walker.
151 NLRB 636, recommended that the challenge to
the ballot of employee Emmett Rice , Jr., be
sustained on the ground that Rice was discharged
before the ballots were counted The Union excepted
to this recommendation . The Board has held that
employees employed on the eligibility date and on
the date of election are eligible to vote despite any
intention to quit immediately after the election 2
Because Rice was employed on the eligibility date
and also on the day he cast his ballot.' while the
election was in progress . we find that he met the
Board's eligibility requirements. Therefore, the
challenge to his ballot is overruled.
As we have overruled the Employer ' s objections
and the challenge to the ballot of employee Emmett
Rice, Jr .. we shall direct that the Regional Director
open and count that ballot and issue a revised tally
of ballots. In the event the revised tally shows that a
majority of the valid votes were for the Petitioner,
the Regional Director shall issue a Certification of
Representative However, if no union majority is
established by the revised tally of ballots , we shall
further direct that the Regional Director issue a
Supplemental Report on Objections making
recommendations with regard to the Petitioner's
objections.
ORDER
It is hereby ordered that the challenge to the
ballot of Dennis Swain be, and it hereby is.
sustained, that the challenge to the ballot of Eminitt
Rice, Jr., he, and it hereby is, overruled, and that
Employer's objections be, and they hereby are,
overruled.
IT IS FURTHLR ORDI RLD that as part of the
investigation to ascertain representatives for the
purposes of collective bargaining among the
employees of Plymouth Towing Company, Inc.. on
its vessels operating out of' its Plymouth, North
'In the absence of exceptions thereto, we adopt, pro forma . the Regional
Director 's recommendation that the challenge to the ballot of employee
Dennis Swain be sustained
'Personal Products Corporation , 114 NLRB 959, 961, Whiting
Corporation , 99 NLRB 117, 122-123
`See Oregon Washington Telephone Company, 123 NLRB 339
178 NLRB No. 105
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Carolina, operations, in an appropriate and
stipulated unit, the Regional Director for Region 11
shall, pursuant to the National Labor Relations
Board Rules and Regulations, Series 8, as amended,
within 10 days from the date of this Order, open
and count the ballot of Emmitt Rice, Jr., and,
thereafter, prepare and cause to be served upon the
parties a revised tally of ballots, including therein
the count of said challenged ballots.
IT IS FURTHER ORDERED that in the event that the
revised tally of ballots shows the Petitioner to have
received a majority of the valid ballots cast, the
Regional Director shall issue a certification of
representative to the Petitioner.
IT IS FURTHERORDERED that Should the revised tally
of ballots show that the Petitioner has not received a
majority of the valid ballots cast the Regional
Director shall issue a Supplemental Report on
Objections making recommendations with regard to
Petitioner's objections.