Sun Shipbuilding and Dry Dock Co.

National Labor Relations Board - Board Decisions

Sep 29, 1939

15 N.L.R.B. 771 (N.L.R.B. 1939)

In the Matter of SUN. SHIPBUILDING AND.,DRY DOCK COMPANY and
PATTERN MAKERS ' LEAGUE OF NORTH .AMERICA
Case No. R-865
SUPPLEMENTAL DECISION
AND
ORDER
September 29, 1939
On August 7, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. The Direction of Election provided that
an election by secret ballot be held, within fifteen (15) days from the
date of the Direction, among the pattern makers and pattern makers'
apprentices employed by Sun Shipbuilding and Dry Dock Company,
Chester, Pennsylvania, during the pay-roll period next preceding the
date of the Direction, to. determine whether they desired to be rep-
resented by Pattern Makers' Association of Philadelphia and Vicin-
ity, or by Sun Ship Employees' Association, Inc., for the purposes of
collective bargaining.
In its Decision the Board stated that upon the results of the elec-
tion would depend in part the determination of the appropriate unit
for the purposes of collective bargaining. The Board stated that if
a- majority of the employees chose the P. M. A., then the pattern
makers. and the pattern makers' apprentices would constitute a single
bargaining unit. However, if the S. S. E. A. Were accorded a
majority, no determination would be made as to the appropriateness
of any unit or whether the S. S. E. A. had been designated by a
majority of the employees in a unit.
Pursuant to the Direction of Election an election by secret ballot
was conducted on August 22, 1939, at Chester, Pennsylvania, under
the direction and supervision of the Acting Regional Director for the
Fourth Region (Philadelphia, Pennsylvania). On =August 23, 1939,
the Acting Regional Director, acting pursuant to.Article III, Sec-
tion . 9,' of National Labor Relations Board Rules and Regula-
314 N. L. R. B. 292.
15 N. L. R. B., No. 83.
771
772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions-Series 2, issued and duly served upon the parties a report on
the election.
As to the balloting and its results, the Acting Regional Director
reported as follows :
Total eligible to vote-------------------------------------- 29
Total ballots cast------------------------------------------ 28
Ballots cast by those desiring to be represented by the Pattern
Makers' Association of Philadelphia and Vicinity----------- 13
Ballots cast by those desiring to be represented by Sun Ship
Employees' Association, Inc------------------------------ 14
Total number of blank ballots------------------------------ 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots-------------------------- 1
Total ------------------------------------------------ 28
On August 29, 1939, the P. M. A. filed with the Acting Regional
Director a letter objecting to the election report. The objections state
that the most active member of the P. M. A. was absent from the
city between.the date of the Direction of Election and the election,
that he could not be located, and that as a result lie was deprived of
the right to vote; that the challenged ballot should be disregarded
because the voter is employed in a supervisory capacity; that several
employees, who are members of the P. M. A. and of foreign extrac-
tion and of a nervous disposition, became confused by the fact that
an election was being held and misconstrued the position of the ballot
of the S. S. E. A. as the ballot for the P. M. A.; and that although
the P. M: A. had :!'majority when the petition was filed the delay
in holding the hearing and the election adversely affected the
P. M. A.
The Acting Regional Director investigated the matters contained
in the objections, and on September 1, 1939, issued and duly served
on the parties his Report on Objections;
We find that adequate notice was given relative to the holding of
the election and hence that there is no merit in the objection based
on the fact that one employee, who was absent from the city and who
could not be located, failed to cast a ballot.' The disposition of this
objection makes it unnecessary for us to decide whether the chal-
lenged voter is a supervisory employee. We find that the remaining
objections raise no material or substantial issue with respect to the
conduct of the ballot.
The' results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the. employees. The
petition for investigation and certification of representatives.. of
employees of the Sun Shipbuilding and Dry Dock Company, Ches-
ter, Pennsylvania, will therefore be dismissed.
SUN SHIPBUILDING AND DRY DOCK COMPANY
ORDER
773
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY ORDERED that the petition' for investigation and cer-
tification of representatives of employees of Sun Shipbuilding and
Dry Dock Company, Chester, Pennsylvania, filed by Pattern Makers'
Association of Philadelphia and Vicinity, be, and it hereby is,
dismissed.
199549-89-vol. 15-50