South Portland Shipbuilding Corp.

In the Matter of SOUTH PORTLAND SHIPBUILDING CORPORATION and INDEPENDENT UNION OF SHIPYARD WORKERS OF SOUTH PORTLAND Case No. R-3561.Decided March 5, 1942 . Jurisdiction : ship building industry. Investigation and Certification of Representatives : existence of question : refusal to accord union recognition until certified by the Board ; immediate election directed subject to provision that certification not a bar to filing new petition by reason of expanding plant. Unit Appropriate for Collective Bargaining : all hourly paid production and maintenance employees, including truck drivers, guards and watchmen (ex- cept chief and captains at the Company's South Portland yard), but exclud- ing foremen, assistant foremen, supervisory employees having the right to hire and fire, salaried employees, office janitors, first aid employees, time- keepers, counters, chauffeurs operating Company cars and beachwagons, technical engineers, draftsmen, and architects ; stipulation as to. Mr. Thatcher B. Pinkham, of Portland, Maine for the Company. Mr. Israel Bernstein, of Portland, Maine for the Independent. Mr. Sidney Grant, of Boston, Mass., for the C. I. O. Mr. Alonzo F. Young, of Portland, Maine for the A. F. of L. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 26, 1941, Independent Union of Shipyard Workers of South Portland, herein called the Independent, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of South Portland Ship- building Corporation, South Portland, Maine, herein called the Com- pany, and requesting an investigation and certification of repre- sentatives, pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 4, 1942, the National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of Na- 39 N. L. R. B., No. 85. 485 486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tional Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Di- rector to conduct it and to provide for an appropriate hearing upon due notice. On February 11, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Independent and the Industrial Union of Marine and Shipbuilding, Workers of America (C. I. 0.), herein called the C. I. 0., and the American Federation of Labor, herein called the A. F. bf L., labor organizations claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on Feb- ruary 19, 1942, at Portland, Maine, before Thomas H. Ramsey, the Trial Examiner duly designated by the Chief Trial Examiner. All parties were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the hearing, the Trial Examiner made rulings on the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDING OF FACT I. THE BUSINESS OF THE COMPANY South Portland Shipbuilding Corporation is a Maine corporation, with its principal place of business and plant located at South Port- land, Maine. The Company is engaged in the construction of 51 cargo ships under defense contracts with the United States Maritime Commission. Ninety-five percent of the raw material currently used by the Company in its shipbuilding operations and amounting to ap- proximately 174,216 tons, is shipped. into the State of Maine from other States. The Company employs approximately 2,900 production employees. -nti4,, , 2^ I II. THE ORGANIZATIONS INVOLVED Independent Union of Shipyard Workers of South Portland is an unaffiliated labor organization, admitting to membership employees of the Company. Industrial Union of Marine and Shipbuilding Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. The American Federation of Labovis an international labor organ- ization, admitting to membership employees of the Company. SOUTH PORTLAND SHIPBUILDING CORPORATION 487 111. THE QUESTION CONCERNING REPRESENTATION Shortly before the filing of the petition herein the Independent de- manded recognition by the Company as the representative of the Company's employees for purposes of collective bargaining. The Company refused to grant recognition to the Independent unless cer- tified by the- Board. It was stipulated by the parties that each of the unions represents a substantial number of the Company's employees. - We find that a question has arisen concerning the representation of the employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT It was stipulated by the parties that the appropriate unit should consist of all hourly paid production and maintenance employees, including truck drivers, guards, and watchmen, and not including the chief and captains at the Company's South Portland yard; but exclud- ing foremen, assistant foremen, supervisory employees having the right to hire and fire, salaried employees, office janitors, first aid employees, timekeepers, counters, chauffeurs operating company cars and beach wagons, technical engineers, draftsmen, and architects. In accordance with the stipulation, we find that all hourly paid production and maintenance employees, including truck drivers, guards, and watchmen - (except the chief and captains at the Com- pany's South Portland yard), but excluding foremen, assistant fore- men, supervisory employees having the right to hire and fire, salaried employees, office janitors, first aid employees, timekeepers, counters, chauffeurs operating company cars and beach wagons, technical engi- neers, draftsmen, and architects, constitute a unit appropriate for the purposes of collective bargaining. We further find that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise will effectuate the policies of the Act. - 488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VI. THE DETERMINATION OF REPRESENTATIVES, It was disclosed at the hearing that the South Portland plant is in the course of expanding. On January 1, 1942, the Company had approximately 1200 to 1500 employees. At the date of the hearing this number had increased to 2887. It was estimated by the Com- pany that at the end of April 1942, there would be about 4000 em- ,ployees on the Company's pay roll and that a peak of employment would be reached about the end of June or the first of July 1942, at which time the Company would employ in the vicinity of seven to eight thousand employees. The C. I. O. requests that no election should be held until the Com- pany's employees number at least a majority of the personnel expected to be employed by the Company at the peak of employment. The A. F. of L. and the Independent request an immediate election. It appears that the plant is in actual production and that there is in addition a substantial number of employees, presently on the pay roll, which the Company will maintain at its South Portland Plant. We do not believe that simply because the Company intends to ex- pand its working staff, the large number of employees now working at the Company's plant should be deprived of their right at the present time to bargain collectively as provided in the Act. l We shall accordingly proceed with an immediate determination of represent- atives 1 In one respect, however, we shall, in view of the circumstances herein presented, modify our usual practice. Ordinarily we refuse, for administrative reasons, to entertain a petition for investigation and certification of representatives within a year after we have issued a certification.' Since the planned expansion of the South Portland plant will almost triple the number of production and maintenance employees at the plant in a comparatively short time, we shall not in the event a collective bargaining representative is certified as a result of this proceeding, adhere to our usual 1-year rule. We shall, instead, entertain a new petition for an investigation and certifica- tion of representatives at any time following issuance of any certifica- tion in this proceeding, provided we are satisfied, under all the cir- cumstances then shown (including proof that there has been a sub- stantial increase in the number of employees at the South Portland plant and that the petition represents a substantial number of em- ployees), that a question concerning representation affecting com- merce has arisen. I Westinghouse Electric & Manufacturing Company and International Association of Machinists, Local 8O4, A. F. of L., 38 N. L. R. B. 404 2 See Westinghouse Electric & Manufacturing Company, supra. SOUTH PORTLAND SHIPBUILDING CORPORATION 489 In accordance with our usual practice, we shall direct that the em- ployees at the South Portland, Maine, plant operated by the Company eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. Upon the basis of the above findings of fact, and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of the employees of South Portland Shipbuilding Corpora- tion, South Portland, Maine, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All hourly paid production and maintenance employees of the Company, including truck drivers, guards, and watchmen (except the chief and captains at the Company's South Portland yard), but ex- cluding foremen, assistant foremen, supervisory employees having, the right to hire and fire, salaried employees, office janitors, first aid employees, timekeepers, counters, chauffeurs operating company cars and beach wagons, technical engineers, draftsmen, and architects, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION 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 and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby Dim cTFn that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with South Portland Shipbuilding Corporation, at its South Port- land, Maine, plant, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all hourly paid production and maintenance employees of the Company, including truck drivers, guards, and watchmen (except the chief, and captains at the Com- pany's South Portland yard), who were employed during the pay-roll 490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD period immediately preceding the date of this Direction, including those employees who did not work during such pay-toll period -because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding foremen, assistant foremen, supervisory employees having the right to hire and fire, salaried employees, timekeepers, counters, chauffeiirs operat- ing company cars and beach-wagons, technical engineers, draftsmen, and architects, and those employees who have since quit or been dis- charged for cause, to determine whether they desire to be represented by Independent Union of Shipyard Workers of South Portland, or by Industrial Union'of Marine and Shipbuilding Workers of America (C. I. 0.), or by the American Federation of Labor, for purposes of collective bargaining, or by none of these organizations. ME. WM. M. LEIsERs0N took no part in the consideration of the above Decision and Direction of Election.