Robert Jacobs, Inc.

National Labor Relations Board - Board Decisions

Sep 4, 1941

35 N.L.R.B. 181 (N.L.R.B. 1941)

In the Matter of ROBERT JACOBS, INC. and INDUSTRIAL UNION OF
MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL 38, AFFILI-
ATED WITH THE C. I. O. and NEW YORK DISTRICT COUNCIL, UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 488
Case No. R-2587
SUPPLEMENTAL DECISION
AND
DIRECTION
September 4, 1941
On June 14, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in
the above-entitled proceedings., Pursuant to the Direction of Elec-
tion, an election by secret ballot was conducted on June 27, 1941,
under the direction and supervision of the Regional Director for
the Second Region (New York City). On July 18, 1941, the Re-
gional Director, acting pursuant to Article III, Section-9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued an Election Report, copies of which were duly served
upon the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number eligible to vote______________________________ 361
Total number of, ballots cast ------------------------------- 297
Total number of valid ballots_____________________________ 286
Total number of votes in favor of United Brotherhood of
Carpenters and Joiners of America, A. F. of L___________ 42
Tbtal number of votes in favor of Industrial Union of Marine
and Shipbuilding Workers of America, Local 38, C. I. O__ 143
Total number of votes in favor of neither union------------ 101
Total number of blank ballots_____________________________ 0
Total number of void ballots_____________________________ 0
Total number of challenged votes -------------------------- 11
On July 25, 1941, the Company and the New York District Coun-
cil, United Brotherhood of Carpenters and Joiners of America, Local
1 32 N . L. R. B. 646.
35 N. L. R. B., No. 40.
181
182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
488, herein called the District Council, filed objections to the Election
Report. On August 4, 1941, the Regional Director issued a Report
on Objections.2
In her Election Report the Regional Director recommended that
the challenges be sustained as to three of the voters : A. Koester, S.
O'Brien, and L. Marcus.
No objections to this recommendation were filed by any of the
parties. As to the remaining eight challenged ballots, however, the
Regional Director recommended that they be declared valid, to which
recommendation, inter alia, the Company and the District Council
filed the above-mentioned objections.
The challenges in dispute concerned the following men : G. Weis-
brat, W. Mergner, V. Foglietto, G. Papella (or Popella), W. Bates,
V. Piliero, T. Stoetzel, and A. Buttacavoli. The company contends
that these men are iron workers who were employed for the recon-
struction of a ship for the United States Navy, that at the comple-
tion of that job the Company decided not to engage in further
construction of steel boats, and that the men were permanently sepa-
rated from the pay roll between June 11 and 25, 1941. With respect
to Buttacavoli, the Company also contends that he has secured em-
ployment elsewhere. The Regional Director's report discloses that
on July 8, subsequent to the Election, a company official informed'
a C. I. O. representative that the men would be recalled when work
picked up. This was- confirmed by letter of July 15. On the latter
date, the same company official informed an examiner in the office
of the Regional Director that the Company expected 'to receive a'
contract for the construction of seven tugboats for the United States
Navy and was checking the list of those laid off to determine whom it
would recall. In addition, five of the challenged voters filed state-
ments averring, that they were laid off because there was a shortage
of material, and were told that they would be rehired when there
was work. As to Buttacavoli, the report discloses that he is tem-
porarily employed elsewhere but desires to be reemployed by the
Company.
In view of all the circumstances, the challenges are overruled as
to G. Weisbrat, W. Mergner, V. Foglietto, G. Papella (or Popella),
W. Bates, V. Piliero, T. Stoetzel, and A Buttacavoli, and their bal-
lots declared valid. The Company's request for a hearing with re-
spect to the challenges is denied. Since no objections were filed to
the Regional Director's recommendations with respect to A. Koester,
S. O'Brien, and L. Marcus, their ballots are declared invalid.
On August 8 and 9, respectively, the District Council and the Company , filed further
objections.
ROBERT JACOBS, INC. 183
The District Council also filed objections- relating to the appro-
priateness of the unit and to the pay-roll date designated by the
Board to determine eligibility to vote in the election. The conten-
tions of the District Council on these issues were disposed ,of in the
Decision and Direction of Election, and no new matter is alleged.
The District Council also alleged in its objections that no ade-
quate provision was made for employees to vote who were absent
from the plant on business during election hours. The Regional
Director reported that a group of '15 to*'20 employees was assigned
to work in the Brooklyn Navy Yard on the day of the election. They
were all instructed to return to the plant so that they could cast
their ballots and were permitted to leave the Boooklyn Navy Yard
in time to vote. About eight did return.
We find that these and the other objections raise no substantial
and material issues with respect to the conduct of the ballot and the
Election Report. They are therefore overruled. -
Since counting of the challenged ballots is essential to the deter-
mination of the result of the election, we shall direct that they be
counted.
DIRECTION
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, 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
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Robert Jacobs, Inc., New York City, the Regional Director for
the Second Region (New York City) shall, pursuant,to said Rules
and Regulations,, and subject to Article III, Section 9 thereof, within
ten, (10) days from the date of this Direction, open and count the
challenged ballots herein declared valid, and shall thereafter prepare
and cause to be served upon the parties to this proceeding a Supple-
mental Election Report embodying her findings therein and her
recommendations as to the result of the balloting.