59 N.L.R.B. 1352 (N.L.R.B. 1945)

Brown Shipbuilding Co., Inc.

National Labor Relations Board - Board DecisionsJan 1, 1945

59 N.L.R.B. 1352 (N.L.R.B. 1945)

In the Matter of BROWN SHIPBUILDING COMPANY, INC. and LOCAL No. 5, A UNITED BROTHERHOOD OF WELDORS, CUTTERS AND HELPERS OF AMERICA, AFFILIATED WITH WELDORS AND CUTTERS, DISTRICT No. 3 Case No. 16-R-960 SUPPLEMENTAL DECISION AND ORDER January 1, 1945 On November 10, 1944, pursuant to Decision and Direction of Elec- tions issued by the Board on October 14, 1944,1 elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Sixteenth Region (Ft. Worth, Texas).2 Upon-the conclusion of the election in the unit of welders and burners, a Tally of Ballots was furnished the, parties in accordance with the Rules and Regulations of the Board. Objections to that election were filed by Welders, Burners, Heaters, and Helpers, Local No. â€¢731, affiliated with the American Federation of Labor, and were subse- quently withdrawn. The Tally shows, that- of the approximately 2,284 eligible votes, 1,474 cast valid votes, of which 446 were for Local No. 5, A United Brotherhood of Weldors, Cutters and Helpers of America, affiliated with Weldors & Cutters, District No. 3; 419 were for Welders, Burners, Heaters, and Helpers, Local 'No. 731, affiliated with the 'American Federation of Labor; and 609 were against both unions. There were 52 challenged ballots and 29 void ballots. Following the election, the Regional Director duly investigated the challenged ballots and on November 22, 1944, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 3, as amended, issued and duly served on the 1 58 N. L R B 998 2 On November 21, 1944, the Sign & Pictorial Painters , L. Union x#550 , AFL (Case No. 16-R-942 ), and the Brotherhood - of Railroad Trainmen (Case No. 16-R-949), were certified as the bargaining representative of the employees in their respective units. Objec- tions to the election filed by the International Brotherhood of Boilermakers , Iron Ship- builders & Helpers of America, Local 469, AFL, in Case No . 16-R-980, are still pending before the Board. 59 N. L R B., No. 248. - 1352 BROWN SHIPBUILDING COMPANY, IN C. 1353 parties a Report on 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. It is evident from the above Tally of Ballots that the results of the aforesaid election are inconclusive , and that it will be necessary to conduct a run-off election in order to resolve the question concerning representation . Since the challenged ballots may determine what choices shall appear on the ballot in the run-off election , it is necessary to consider the validity thereof. The Regional Director in his Report on Election and Challenges found that of the 52 persons whose ballots were challenged, 13 were employed by the Company for the first time subsequent to October 8, 1944, the pay -roll date upon which eligibility was determined and, therefore , were not eligible to participate in the election ; 15 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 em- ploy until after that period; and the remaining persons had either quit because of ill health or been transferred prior to October 8, 1944, or fell within an excluded unit category. The Regional Director recommended that all of the challenges to the ballots be sustained. We concur in the recommendation and hereby sustain the challenges to the ballots. Since Local No. 5, A United Brotherhood of Weldors, Cutters and Helpers of America, affiliated with Weldors and Cutters, District No. 3, is entitled , upon request , to participate in a run-off election, we shall remand this case to the Regional Director for the Sixteenth Region for further appropriate action. IT IS HEREBY ORDERED that Case No. 16-8-960 be,.and it hereby is, remanded to the Regional Director for-the Sixteenth Region. MR. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision and Order.