Foster Boat Co.

D In the Matter of FOSTER BOAT COMPANY and MARINE AND SHIPBUILDING WORKERS OF AMERICA, INDUSTRIAL UNION, AFFILIATED WITH THE C. I. O. - Case No. R-418(2.-Decided February 92, 1943 Jurisdiction : shipbuilding industry Investigation and Certification of Representatives : existence of question : re- fusal to accord petitioner recognition until certified by the Board; election necessary Unit Appropriate for Collective Bargaining : production and maintenance em- ployees on an hourly rate, excluding superintendents, foremen, and office and clerical employees; stipulation as to. Mr. Charles H. Menmeair, of Traverse City, Mich., for the Company. Mr. William. L. q'ryon, of Boyne City, Mich., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Marine and Shipbuilding Workers of America, Industrial Union, affiliated with the C. I. O., herein called ,the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Foster Boat Company, Charlevoix, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harold A. Cranefield, Trial Examiner. Said Bearing was held at Petoskey, Michigan, on February 11, 1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and, to introduce evidence bearing on the issues. The Trial' Examiner's rulinbs made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Foster Boat Company is a Michigan corporation with its principal place of business at Charlevoix, Michigan, where it is engaged in the 47 N. L. R. B, No 113. 889 890 ^ DECiISIIONS OF NATIONAL LABOR RELATIONS BOARD construction of boats for the United States Government. During 1942, the Company used raw materials valued at about $750,000, approximately 50 percent of which was shipped to it from points out- side the State of Michigan. -All boats constructed by the Company are delivered to the United States Government at the Company's plant. However, the United States Government in turn ships the boats to points outside the State of Michigan. II. THE ORGANIZATION INVOLVED Marine and Shipbuilding Workers of America, Industrial Union, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. v III. THE QUESTION CONCERNING' REPRESENTATION The Company refuses to recognize the Union as the exclusive repre- sentative of its employees until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate." 'We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6)' and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Company on an hourly rate, excluding superintendents, foremen, and office and clerical em- ployees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation be resolved by means of an election by secret ballot among the employees 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. I The Regional Director reported that the Union presented 16 membership application cards bearing the names of persons who appear on the pay roll of the Company. There are approximately 52 employees in the epptopi late unit. FOSTER BOAT COMPANY 891 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 9, of the National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to 'ascerlainf repre- sentatives for the purposes of-collective bargaining with Foster Boat Company, Charlevoix, Michigan, 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 Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves, in person at the polls, but excluding any who have since quit or been discharged- for cause, to determine whether or not they desire to be represented by- Marine, and Shipbuilding Workers *of America, Industrial Union, affiliated with, the Congress of Industrial Organizations, for the purposes of collec- tive bargaining.