United Boat Service Corp.

National Labor Relations Board - Board Decisions

Jul 13, 1944

57 N.L.R.B. 240 (N.L.R.B. 1944)

In, the Matter of UNITED BOAT SERVICE CORPORATION and UNITED
BROTHERHOOD OF WELDORS , CUTTERS AND HELPERS OF AMERICA, LOCAL
#22,"C. U. A. (IND.) - '
Case No. 2-R-3989 (R-5486)
SECOND SUPPLEMENTAL DECISION
AND
DIRECTION
July 13; 19414 ,
Q
On May 4, 1944, pursuant to the Decision and Direction of Elections
issued herein on November 30, 1943,1 elections by secret ballot were
conducted under the direction and supervision of the Regional Director
for the Secohd,Region (New York City). Thereafter, upon timely
request, on June 20,,1944, a run-off election was conducted under the
direction and supervision of the Regional Director among the em-
ployees in the welder's group only. As to the result of the run-off elec-
tion, the Tally of Ballots shows as follo`vs':
Approximate number of eligible voters---------------------- 203
Valid votes counted---------------------------------------- 158
Votes cast for Industrial Union of Marine and Shipbuilding
Workers,of America, Local No. 38, C. I. 0----------------- 79 ,
Votes cast for United Brotherhood of Weldors, Cutters and
Helpers of America, Local No. 22, C. U. A. (Ind ) --------- 79
Votes cast against participating unions---------------------- 0
Challenged ballots ---------------------------------------- 4
Void ballots ---------------------------------------------- 12
No objections to the conduct of the run-off election have been filed
within the time provided therefor.
On June 27, 1944, the Regional Director issued and duly served
upon -the parties his Report on Run-off Election and Challenges, to
which none of the' parties has excepted. Therein he recommends that
the challenges to the ballots of George Panella, Vincent Pellegrino,
and Peter Toriello be sustained for the reason that none of these was
employed by the Company in an eligible category on the date of the
pay roll designated for the purposes of determining eligibility to par
1 53 N. L. R. B. 992 ; amended 55 N. L. R. B. 671, and 55 N. L. R. B. 1440.
57 N. L. R. B, No. 43.-
240 - '
UNITED BOAT SERVICE CORPORATION 241
ticipate in the election in the welders group. Under these circum-,
stances, we agree with the Regional Director and hereby sustain the
challenges to the ballots of the above-named three.
A different situation exists, however, with respect to, the ballot of
Olympic Villani, who was employed by the Company on April 27,
1943, as a tack welder and has continued his employment in that
,classification. The Regional Director upon investigation finds that
Villani's name was omitted from a list of those eligible to participate
in the run-off election through a clerical error and recommends that
his ballot be opened and counted. Clearly Villani has fulfilled the
conditions requisite for participation in the run-off election and the
omission of his name from the list of eligible voters was error. We
shall direct therefore, that the ballot of Olympic' Villani 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 Re-
lations 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 representa-
tives for the purposes of collective bargaining with United Boat
,Service Corporation, New York City, the Regional Director for the
Second Region shall, pursuant to the Rules and Regulations of the
Board, set forth above, and subject to Article III, Sections 10 and 11
of said Rules and Regulations, within ten (10) days from the,date,
of this Direction, open and count the ballot of Olympic Villani, and
upon the conclusion. of the counting of the said ballot, shall cause to
be -fu nished to the parties in this proceeding a supplemental Tally
of Ballots embodying his findings as to their choice.
[See infra, 57 N. L. R. B. 1079 for Fifth Supplemental Decision and
Certification of Representatives.]
601248-45-vol. 57-17