Wyandotte Transportation Co.

National Labor Relations Board - Board Decisions

Sep 14, 1940

27 N.L.R.B. 227 (N.L.R.B. 1940)

In the Matter Of WYANDOTTE, TRANSPORTATION COMPANY and
NATIONAL MARITIME UNION (C. I. 0.)
Case No. R-1785
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 14, 194.0
On July 12 , 1940 , 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 August 1 and 2,
1940, under the direction and supervision of the Regional Director
for the Seventh Region (Detroit , Michigan ). On August 5, 1940,
the Regional Director , ' acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended , issued an Election Report upon the secret ballot , copies
of which were duly served upon the parties.
As to the balloting and its results , the Regional Director reported
as follows :
Total on eligibility list_____ ______________________________ 112
Total ballots cast_________________________________________ 95
Total ballots challenged_______________________________ 3
Total blank ballots________________________________________ 0
Total void ballots________________________________________ 0
Total valid votes cast _____________________________________ 92
Votes cast for National Maritime Union, affiliated with the
Congress of Industrial Organizations____________________ 19
Votes cast for Down River Seamen's Union_______________ 60
Votes cast for neither_____________________________________ 13
Since the three challenged ballots affect the results of the election, we
find it unnecessary to pass upon the challenges.
On August 10, 1940, National Maritime Union, affiliated with the
Congress of Industrial Organizations, herein called the N. M. U.,
filed with the Regional Director its Objections to the conduct of the
1 25 N. L. R. B. 336
27 N. L. R. B., No. 49.
227
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ballot and the Election Report. On August 13, 1940, the Regional
Director, acting pursuant to Article III, Section 9, of National.Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
a Report on Objections, copies of which were duly served upon the
parties,.in which he recommended that the objections be overruled 2 '
We have considered the objections filed by the N. M. U. and find
that they do not raise any substantial or material issue regarding
the conduct of the ballot or the Election Report.
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, 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 Down River Seamen's Union has been
designated and_ selected by a majority of all the unlicensed seamen
employed by Wyandotte Transportation Company, Wyandotte, Mich-
igan, on its lake steamers, the Wyandotte, 'Conneaut, Alpena, and
Huron, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the National Labor Rela-
tions Act, Down River Seamen's Union 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 con-
ditions of employment.
2
The objections did not relate to either the election or the Election Report but con-
tained allegations of company domination of Down River Seamen 's Union and a request
for a stay of action in'this proceeding pending the submission of evidence on that issue.
Formal 8 ( 2) charges under the Act alleging company domination of Down River Seamen's
Union had previously been filed by the N. M U and withdrawn prior to the election.
By letter dated August 28, 1940, the Regional Director reported that no new charge had
been filed by the N M. U . and no additional evidence produced The N. M. U.'s request
for a further stay of action in this proceeding is hereby denied