United Boat Service Corp.

National Labor Relations Board - Board Decisions

Jun 2, 1944

56 N.L.R.B. 1167 (N.L.R.B. 1944)

In the Matter Of UNITED BOAT- SERVICE CORPORATION and UNITED
BROTHERI-IOOD OF WELDORS, CUTTERS AND HELPERS OF AMERICA, LOCAL
#22, C. U. A. ( IND.)
Case No. 2-R-3989 (R-6486)
SUPPLEMENTAL DECISION
AND
DIRECTION
June 2, 19414
On May 4, 1944, pursuant to the Decision and Direction of Elections
issued by the Board herein on November 30, 1943,1 elections by secret
ballot were conducted under the direction and supervision of the
Regional Director 'for the Second Region, (New York City). Upon
the conclusion of the elections, Tallies of Ballots were furnished the
parties in accordance with the Rules and Regulations of the Board.
No Objections were filed by any of the parties within the time pro
vided therefor.
As to -the election in the welders' group, the Tally shows, that of
the approximately 243 eligible voters, 203 cast valid ballots, of which
69 were for Industrial Union of Marine and Shipbuilding Workers of
America, Local No. 38, C. I. 0., 68 were for United Brotherhood of
Weldors, Cutters and Helpers of America, Local #22, C. U. A., and
66 were against both unions. There were 10 challenged ballots and 4
void ballots. i
It is evident from the above Tally of Ballots that the results of
the aforesaid election Are inconclusive, and that it will be necessary
that a run-off election be conducted in order to resolve the question
concerning representation. However, since the challenged ballots may
determine what choices shall appear on the ballot' in the run-off elec-
tion, it is necessary to pass upon the validity of the aforesaid chal-
lenged ballots and to determine the choice of those challenged voters
whose ballots are found to be valid.
Following the election, the Regional Director duly investigated the
challenged ballots and on May 22, 1944, acting pursuant to Article III,
Section 10, of National Labor Relations Board Rules and Regula-
tions-Series 3, issued and duly served on the parties a Report on
°' 53 N L R B. 992; amended 55 N L. R B. 671 and 55 N L. R. B 1440.
.56 N. L H. B, 1No 206.
1 1167
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Election and Challenges. No exceptions to-the Report on Election
and Challenges have been filed by any of the parties within the time
provided therefor.
The Regional Director's Report on Election and Challenges indi-
cates that of the 10 persons whose ballots were challenged, 4 were
employed by the Company for the first time subsequent to the pay-roll
date upon which eligibility was determined and, therefore, were not
eligible to participate in the election; 2 and 3 had left the employ of
the Company prior to the pay-roll,date upon which eligibility was
-determined and did not return to the Company's employ until after
that period.3 The Regional Director recommends that the challenges
to the ballots of the aforesaid 7 persons be sustained. We accept that
recommendation and hereby sustain the challenges to the ballots of
the 7 employees who were not in the employ of the Company during
the pay-roll period upon which eligibility to participate in the elec-
tion was determined.
The Regional Director's Report on Election and Challenges fur-
ther indicates that the remaining three persons whose ballots were
challenged were actually in the employ of the Company during the
pay-roll period upon which eligibility to participate in the election
was determined, and that their names did not appear on the,pay-roll
list by reason of clerical errors 4 He therefore recommends that the
ballots of these three employees be opened and counted. We accept
that recommendation and shall order that the ballots of Joseph Larca,
Miguel Ramirez, aiid James Spitiforo be opened and 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 Rela-
tions Act, and pursuant ,to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes .of collective bargaining with United Boat Serv-
ice Corporation, New York, New York, the Regional Director for the
Second Region shall, pursuant to the Rules and Regulations of the'
Board set forth above, and subject to Article 111, Sections 10 and 11,
of said Rules and Regulations, within ten (10) days from the date
of this Direction open and count the ballots of Joseph Larca,, Miguel
Ramirez,,and James Spitiforo, and upon the conclusion of the, count-
ing of said ballots shall cause to be furnished to the parties in this
proceeding a Supplemental Tally of Ballots embodying his findings as
to their choices.
2 These employees are Rita Timmins, Irma Sosa, Burton Pratt, and Benjamin Campolong.
a These employees are Angelina Sessa, Harry Terner, and Michael Billen
4 These employees are Joseph Larca, Miguel Ramirez and James Spititoro.