Todd-Johnson Dry Docks Inc.

National Labor Relations Board - Board Decisions

Feb 21, 1940

20 N.L.R.B. 615 (N.L.R.B. 1940)

In the Matter of TODD-JOHNSON DRY DOCKS INC. and ' INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL
No. 29
Case No. R-754
CERTIFICATION OF REPRESENTATIVES
. February 21, 1940
On December 4, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision and Order 1 and on December 29,
1939, its Supplemental Decision and Direction of Election 2 in the
above-entitled proceedings. Pursuant to the Direction of Election, an
election by secret ballot was conducted on January 24, 1940, under the
direction and supervision of the Regional Director for the Fifteenth
Region (New Orleans, Louisiana). On January 26, 1940, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, issued an election
report, copies of which were duly served upon Industrial Union of
Marine and Shipbuilding Workers of America, Local No. 29, upon
Todd-Johnson Dry Docks Inc., and upon Metal Trades Council of
New Orleans, subordinate to the Metal Trades Department of the
American Federation of Labor.
As to the balloting and its results, the Regional Director reported
as follows :
Total number on eligibility list_____________________________ 573
Total number of ballots cast______________________________ 530
Total number of ballots for Industrial Union of Marine and
Shipbuilding Workers of America, Local No. 29 ----------- 289
Total - number of ballots for Metal Trades Council of -New
Orleans, subordinate to the Metal Trades Department of
the American Federation of Labor_______________________ 229
Total number of ballots for neither organization ------------ 12
Total number of blank ballots_____________________________ 0
Total number of void ballots______________________________ 0
Total number of challenged ballots_________________________ .0
110 N. L. R. B. 629.
'218 N. L. R. B. 973.
20 N. L. It. B., No. 63.
615
616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 3, 1940; Metal Trades Council of New Orleans filed
with the Regional Director a "Protest on Behalf of Metal Trades
Council of New Orleans," contending (1) that the rights of Metal
Trades Council of New Orleans and the individual unions affiliated
with it were prejudiced by the holding of a plant-wide election rather
than an election by crafts, and that for this reason the results of said
election should be set aside; and (2) that a hearing and election in
these proceedings was "unnecessary and unauthorized." On February
10, 1940, the Regional Director issued his Report on Objections, copies
of which were duly served upon Industrial Union of Marine and Ship-
building Workers of Amer. ica, Local No. 29, upon Todd-Johnson Dry
Docks Inc., and upon Metal Trades Council of New Orleans, subordi-
nate to the Metal Trades Department of the American Federation of
Labor, in which he found that the said Protest is directed against the
decision of the Board and referred the Protest to the Board without
ruling on it.
Metal Trades Council of New Orleans and individual unions affili-
ated with. it, as intervenors in these proceedings, have made substan-
tially the same two contentions as those set forth above, in the hearings,
in the oral argument before the Board, and in memoranda submitted
on their behalf. We have heretofore considered them on their merits
in connection with our Decision and Order and our Supplemental
Decision and Direction of Election. It does not appear to us that they
raise substantial and material issues with respect to the conduct of
the ballot.
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
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 Industrial Union of Marine and Ship-
building Workers of America, Local No. 29, has been designated and
selected by a majority of all employees of Todd-Johnson Dry Docks
Inc., New Orleans, Louisiana, excluding the employees listed in Ap-
pendixes A and B, and including the employees listed in Appendix C,
as their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Industrial
Union of Marine and Shipbuilding Workers of America, Local No. 29,.
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages; hours. of
employment, and other conditions of employment.
TODD-JOHNS-ON DRY DOCKS INCORPORATED 617
APPENDIX A
Administration :
President.
Vice-President.
Secretary-Treasurer.
Supervision :
General Superintendent.
Assistant General Superin-
tendent.
General Office :
Auditor.
All Clerks.
Typist.
Office Boy.
Telephone Operator.
Secretary-Stenographers.
Paymaster and Timekeepers :
Paymaster.
All Clerks.
All Timekeepers.
Purchasing Department:
Purchasing Agent.
All' Clerks.
Sales :
All Solicitors.
Estimating :
Estimator.
Miscellaneous :
Night Superintendent.
Draftsmen.
Bookkeepers.
General Foreman.
Dock Master.
Assistant Dock Masters.
APPENDIX B
Foremen.
Assistant Foremen.
Salaried leadermen, snappers, or
pushers.
Watchmen.
Safety engineer.
APPENDIX C
Off-and-on leadermen, snappers,Storeroom employees.
or pushers.Floating: equipment crew.
Porter.Hourly paid leadermen, - snap-
pers, or pushers.