M. & J. Tracy, Inc.

National Labor Relations Board - Board Decisions

Jun 2, 1939

13 N.L.R.B. 46 (N.L.R.B. 1939)

In the Matter of M . & J. TRACY, INC. and INLAND BOATMEN'S UNION
Case No. R-760
AMENDMENT TO DIRECTION OF ELECTION
June 2, 1939
On May 13, 1939, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceed-
ings,' directing that an election be held within 30 days, under the
direction and supervision of the Regional Director for the Second
Region, among the barge captains employed by M. & J. Tracy,
Inc., to determine whether they wish to be represented by United
Boatmen's Local No. 2, Inland Boatmen's Union, affiliated with the
Committee for Industrial Organization, or by Local 933-1, Tidewater
Boatmen's Union, International Longshoremen's Association, affil-
iated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.
On May 23, 1939, a petition was filed by Inland Boatmen's Divi-
sion of the National Maritime Union alleging that by appropriate
actions of Inland Boatmen's Union and of National Maritime Union,
Inland Boatmen's Division of the National Maritime Union had
become successor to Inland Boatmen's Union and requesting that
the Decision and Direction of Election of May 13, 1939, be amended
in accordance with these allegations. On June 1, 1939, the Board
received a stipulation, which by order of the Board dated June 1,
1939, was made part of the record in the proceedings, signed by
the Regional Director for the Second Region, counsel for M. & J.
Tracy, Inc., counsel for International Longshoremen's Association
and counsel for Inland Boatmen's Union, agreeing that Inland Boat-
men's Union be designated on the ballot as "Inland Boatmen's Di-
vision of the National Maritime Union, affiliated with the C. I. 0."
In conformity with the agreement of the parties involved, the
National Labor Relations Board hereby amends the Direction of
Election in the above-entitled proceedings by striking therefrom
the words "United Boatmen's Local No. 2, Inland Boatmen's Union,
112 N. L. R. B. 936.
12 N. L. R. B., No. 6.
46
M. & J. TRACY, INCORPORATED 47
affiliated with the Committee for Industrial Organization" and sub-
stituting therefor the words "Inland Boatmen's Division of the Na-
tional Maritime Union, affiliated with the C. I. 0."
MR. WILLIAM M. LEIBERSON took no part in the consideration of
the above Amendment to Direction of Election.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
July 1, 1939
On May 13, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election, and
on June 2, 1939, an Amendment to Direction of Election, in the
above-entitled case. The Direction of Election and Amendment to
Direction of Election directed that an election by secret ballot be
conducted within thirty (30) days from the date of the Direction
among the barge captains employed by M. & J. Tracy, Inc., during the
pay-roll period immediately preceding the date of the Decision
and Direction of Election, excluding those who have since quit or
been discharged for cause, except that despite the provisions of the
existing contract, any barge captain who is discharged pursuant to
the terms of the contract subsequent f o the date of the Decision and
Direction of Election shall be entitled to vote, to determine whether
they desired to be represented by Inland Boatmen's Division of the
National Maritime Union, affiliated with the C. I. 0., or by Local
933-1, Tidewater Boatmen's Union, International Longshoremen's
Association, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither.
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted in New York City from June 5, 1939,
to June 9, 1939, inclusive, under the direction and supervision of
the Regional Director for the Second Region (New York City). On
June 13, 1939, the said Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, issued and served upon the parties
an Intermediate Report on the Ballot.
As to the results of the secret ballot, the Regional Director reported
as follows :
Total number eligible to vote ------------------------------- 165
Total number of ballots cast_______________________________ 157
Total number of ballots counted____________________________ 157
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes in favor of-
Local 933-1, Tidewater Boatmen's Union, International
Longshoremen's Association, A. F. of L---------------- 123
Inland Boatmen's Division of National Maritime Union,
C. I. 0---------------------------------------------- 32
Neither Organization----------------------------------- 2
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged votes--------------------------- 0
On June 15, 1939, the Inland Boatmen's Division of National
Maritime Union, affiliated with the C. I. 0., herein called the Inland
Boatmen, filed objections to the ballot and the Intermediate Report
on the ground that representatives of the Tidewater Boatmen's
Union, International Longshoremen's Association, A. F. of L., es-
corted employees to the place of voting and electioneered near the
place of voting. The representative of the Regional Director con-
ducting the election reported that no electioneering or escorting oc-
curred within 100 feet of the polling place. The Inland Boatmen
produced no evidence in support of its protest. The Regional Di-
rector, upon investigation, found that none of the objections raised
a substantial and material issue with respect to the conduct of the
ballot and so reported to the Board. The Board has considered
the objections and the Regional Director's report. The Board finds
that these objections raise no 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that Local 933-1, Tidewater Boatmen's
Union, International Longshoremen's Association, affiliated with the
American Federation of Labor, has been designated and selected by
a majority of the barge captains employed by M. & J. Tracy, Inc.,
as their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Local
933-1, Tidewater Boatmen's Union, International Longshoremen's
Association, affiliated with the American Federation of Labor, 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.
13 N L. It. B., No 6a