Sullivan Dry Dock & Repair Corp.

National Labor Relations Board - Board Decisions

Feb 20, 1942

39 N.L.R.B. 61 (N.L.R.B. 1942)

In the Matter of SULLIVAN DRY DOCK & REPAIR CORP. and I. B. E. W.,
LocAL #277, A. F. OF L.
In the Matter of SULLIVAN DRY DOCK & REPAIR CORP. and INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL
13, C. I. O.
Cases Nos . R-32.51 and R-3252, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 20, 1941
On November 28, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding,' providing that elections by secret ballot
be conducted under the direction and supervision of the Regional
Director for the Second Region among those employees of Sullivan
,-Dry Dock & Repair Corp., Brooklyn, New York, herein called the
Company, who fall within the groups described below :
(a) All marine electricians, including snappers, mechanics, and
helpers, to determine whether they desire to be represented by
I. B. E. W., Local #277, A. F. of L., by Industrial Union of Marine
and Shipbuilding Workers of America, Local 13, C., I. 0., for the
purposes of collective bargaining, or by neither;
(b) All the remaining production and maintenance employees of
the Company, excluding foremen, subforemen, supervisors, or anyone
in an official capacity on a salaried basis, draftsmen, timekeepers,
storekeepers, watchmen, guards, and clerks and office employees, to
determine whether or not they desire to be represented by the Indus-
trial Union of Marine and Shipbuilding Workers of America, Local
13, C. I. 0., for the purposes of collective bargaining.
Pursuant - to the Direction of Elections, elections by secret ballot
were conducted on December 22, 1941, under the direction and super-
vision of the Regional Director for the, Second Region (New York
City). On December 24, 1941, the Regional Director, acting pur-
1 37 N L. R B. 13.
39.N. L. R. B., No. 15.
61
62" DECISIONS OF NATIONAL LABOR RELATIONS BOARD
suant 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 on the ballot.
As to the balloting and its results, the Regional Director reported
as follows :
Group (a) ,
Total on eligibility list ----------------------------- ------ 117
Total ballots cast________________________________----------------------------------------- 83
Total ballots challenged___________________________________ 11
Total blank ballots_______________________________________ 0
Total void ballots----------------------------------------- 0
Total valid votes counted_________________________________ 72
Votes cast for Industrial Union of Marine and Shipbuilding
Workers of America, Local 13, C I. 0_________________ 13
Votes cast for I. B. E. W., Local #277, A. F of L----------- 57
Votes cast for neither union_______________________________ 2
Group (b)
Total on eligibility list____________________________________ 1, 025
Total ballots cast_________________________________________ 746
Total. ballots challenged__________________________----------------------------------- 24
Total blank ballots________________________________5
Total void ballots_________________________________________ 5
Total valid votes counted ----------------------------------- 712
Votes cast for Industrial Union of Marine and Shipbuilding
Workers of America, Local 13, C. I. 0__________________ 584
Votes cast against afore-mentioned union__________________ 128
On December 30, 1941,.the Company filed objections to the conduct
of the election among the employees in group (b). On January 6,
1942, the Regional Director issued a Report on Objections, recom-
mending that the objections be dismissed.2 On January 17, 1942, the
Company filed exceptions to the Report on Objections. On January
20, 1942, the Board issued an Order directing hearing on objections
to the Election Report.
Pursuant thereto, the Regional Director issued a notice of hearing
on objections to the Election Report, copies of which were duly served
upon all the parties. Pursuant to notice, a hearing was held on
February 2 and 3, 1942, at Brooklyn, New York, before Charles E.
Persons, the Trial Examiner duly- designated by the Chief Trial
Examiner. The, Company, Industrial Union of Marine and Ship-
building Workers of America, Local 13, herein called the Industrial
Union, and the I. B. E. W. were represented and participated in the
hearing. Full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing on the issues was afforded
.all parties. During the course of the hearing the Trial Examiner
No objections were filed with respect to the conduct of the ballot or the Election Report
with regard to employees in group (a).
SULLIVAN DRY DOCK & REPAIR CORP. 63
made several rulings on motions and on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed. On February 17, 1942, the Company filed a
brief which the Board has duly considered.
In its objections, the Company alleged that the secrecy of the ballot
was violated in that a seal was removed from a partially filled ballot
box without the presence of a representative of the Company, thus
permitting the possibility that ballots might have been cast without
the presence, knowledge, or observance of the Company. The Com-
pany contends that therefore the election among the employees in
group (b) is null and void and should be set aside by the Board.3
The elections of ' December 22, 1941, were conducted in two parts.
The first part of the balloting took place from 6: 30 to 7: 30 a. m.
and the balloting was completed between the hours of 4: 30 and 7
p. m. At the close of the morning balloting representatives of the
Industrial Union and the Company sealed the ballot box used in
the election among the employees in group (b) and signed their
names on the seal. It was understood by all the parties at that time
that at the resumption of balloting at 4: 30 p. m. a new ballot box
would be utilized. Shortly prior to 4: 30 p. m. representatives of
the Board and the Industrial Union arrived at the polls. Only a
single representative of the Company was present; thus, it was im-
possible to commence balloting at the scheduled time of 4: 30 because
of the absence of the other company representatives. Gerard
McAllister, vice president of the Company and an observer at the
elections, left the polls at about 4: 35 p. m. to seek the other com-
pany observers. ' However; within a few minutes after he left, the
other company observers arrived and took their places at the re-
spective checking tables. A group of approximately 100 employees
had assembled to vote by this time, and the Board agent in charge
of the election ordered the balloting to begin as soon as the company
observers took their places. About 40 employees had received bal-
lots before preparation of a new ballot box in which to insert the
marked ballots had been completed. In order to avoid confusion
among the employees who had already received ballots and those
waiting in line to vote, two Board agents, after attempting to locate
McAllister and being unable to do so, removed the seal from the
ballot box used in the morning and directed the employees to de-
8 The Board has frequently held that the employer is not entitled to have observers at the
polling place as a matter of right , and that the presence of employer -designated representa-
tives is not necessary to the conduct of a fair and impartial election . See Matter of Fed-
ders Manufacturing Company, Inc . and Amalgamated Association of Iron, Steel d Tin
Workers of N. A., Lodge 1753, 7 N. L. R . B. 817. However, in the instant case in accord-
ance with our customary practice , provision was made for the presence of such observers
by prior arrangement.
448105-42-vol. 39-6
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
posit their ballots in that box. Approximately 10 minutes later
McAllister returned to the polls and, having been apprised as to
what happened, immediately lodged a protest with the Board agent.
The record discloses that a maximum of 40 employees cast their
ballots during McAllister's absence and that no voter was handed
a ballot until his name had first been checked on the list of eligible
voters both by an agent of the Industrial Union and an agent of the
Company. It is also clearly established by the record, and not dis-
puted by the Company, that at all times the ballot box was in the
custody of Board agents and that all such ballots were placed in the
box in the presence of two Board agents. The Company does not
challenge the integrity of the Board agents and made no showing
that any irregularity in the actual balloting resulted from the
conduct of the Board agents 4
We attach vital importance to the maintenance of both complete
secrecy and integrity of the ballots in elections conducted by the
Board to ascertain employee representatives for the purpose of col-
lective bargaining. With this standard in view, we have carefully
considered all the evidence adduced at the hearing on the objections
to the conduct of the ballot in the instant case. Upon such consider-
ation, we are satisfied, and find, that nothing occurred in connection
with the conduct of the ballot which in any way impaired either its
secrecy or integrity.' Accordingly, the objections- of the ' Company
are hereby overruled.
In its Decision and Direction of Elections the Board made no final
determination as to the appropriate unit or units for the purposes of
collective bargaining pending the election to be held among the em-
ployees in group (a). The Board stated that if a majority of them
chose the I. B. E. W. they would constitute a separate appropriate
unit, and that if a majority in each election unit voted for the
Industrial Union, they would together constitute an appropriate unit.
Upon the basis of the entire record, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
The appropriate units
We find that all marine electricians of the Company, including
snappers, mechanics, and helpers, constitute a unit appropriate for
the purposes of collective bargaining and that said unit will insure
to employees of the Company the full benefit of their right to self-
4 All Board agents present at the election testified at the hearing on Objections and were
available for examination and cross -examination by counsel for the Company on all aspects
of the conduct of the election.
SULLIVAN DRY DOCK & REPAIR CORP. 65
organization and to collective bargaining and otherwise will effectuate
the policies of the, Act.
We also find that the remaining production and maintenance em-
ployees of the Company, excluding foremen, subforemen, supervisors,
or anyone in an official capacity on a salaried basis, draftsmen, time-
keepers, storekeepers, watchmen, guards, and clerks and office em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive bargaining and otherwise will effectuate the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All marine electricians of the Company , including snappers,
mechanics , and helpers , constitute a unit appropriate for the purposes
of collective , bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
2. All remaining production and maintenance employees of the
Company, excluding foremen , subforemen , supervisors , or anyone in
an official capacity on a salaried basis, draftsmen , timekeepers , store-
keepers, watchmen , guards, and clerks and office employees , consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of they National Labor Rela-
tions 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 CERTIFIED that I. B. E. W., Local #277, A. F. of L.,
has been designated and selected by a majority of all marine electri-
cians of Sullivan Dry Dock & Repair Corp., Brooklyn, New York,
including snappers, mechanics, and helpers, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the Act, I. B. E. W., Local #277, A. F. of L., is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
IT IS HEREBY FURTHER CERTIFIED that Industrial Union of Marine
and Shipbuilding Workers of America, Local 13, C. I. 0., has been
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
designated and selected by a majority of all the remaining production
and maintenance employees of Sullivan Dry Dock & Repair Corp.,
Brooklyn, New York, excluding foremen, subforemen, supervisors,
or anyone in an official capacity on a salaried basis, draftsmen, time-
keepers, storekeepers, watchmen, guards, and clerks and office em-
ployees, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the Act, Industrial Union
of Marine and Shipbuilding Workers of America, Local 13, C. I. 0.,
is the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.