Bergen Point Iron Works

In the, Matter of BERGEN POINT IRON WORKS and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS , Case No. R-4978.-Decided March 25,1943 Jurisdiction : fabricated steel and plate construction manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord petitioner recognition until certified by the Board ; oral agreement found no bar; election necessary. Unit Appropriate for Collective Bargaining : all employees, excluding supervisory employees, foremen, office workers, watchmen, and guards. Messrs. Ola C. Cool, of New York City, and Thorvald N. Garson, of Staten Island, N. Y., for the Company. Mr. Joseph A. Lipman,'of Bayonne, N. J., for the U. E. Mr. Louis C. Paley, of New York-City, for the Association. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly: filed by United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organi- zations, herein called the U. E., alleging that a question affecting commerce had arisen concerning the representation of employees of Bergen Point Iron Works, Bayonne, New Jersey, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Daniel Baker, Trial Examiner. Said hearing was held at New York City on March 8, 1943. The Com- pany, the U. E., and Bergen Point Iron Works Cooperative Associa- tion, herein called the Association, 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 rulings made at the hearing are free from prejudicial error and are hereby affirmed. 48 N. L. R. B., No. 68. 539 540 DECISIONS-OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Bergen Point Iron Works, a New Jersey corporation with its prin- cipal:place of business-in Bayonne, New Jersey, is engaged in the manufacturing of fabricated steel and plate construction. Ninety percent of its raw materials which consists of steel is shipped to the Bayonne plant from points outside 'the State of New Jersey, and approximately 65 percent of the finished product is shipped to points cutside the State of New Jersey. We find that the Company is engaged in commerce within the meaning of the National. Labor Relations-Act. II. THE ORGANIZATIONS INVOLVED 1 United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Bergen Point Iron Works Cooperative Association is an unaffiliated labor organization, admitting to membership employees of ' the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about September 1937, the Company and the Association agreed that the Company would in the future Iheet with, a shop com- mittee of the Association for the purposes of negotiating with regard to matters pertaining to the employees of'the Company. This agree- ment was not reduced to writing but was understood by the parties to continue upon a yearly basis unless terminated' by them. .About De- cember 1942, the U. E., by its business manager, requested a conference with the Company for the purpose of negotiating and executing an' agreement, stating that it represented a decisive majority of its`em' ployees., The .Company refused to bargain with the U. E. unless the latter was certified by the Board. It contends; together with the Asso ciation,'that the oral contract of 1937, which has been renewed from year to, year; is a bar to this proceeding. We do not agree with this contention. Although the Company and the Association have in- formally' agreed to bargain with each other with respect to the`em ployees of the Company, this agreement has not been reduced to writing. We have heretofore held that oral agreements do not con- stitute a bar to ' a determination of representatives,' and we accord- s In Matter of Eicor, Inc Local No 8 and International Association of Machinists, A: F. of L, 46 N L R B, No 116 , the Board stated "experience has indicated that a true sta- bility of-labor relations is not obtained until collective agreements have been reduced to writing and signed" See also Matte) of Joseph P Cattie, Bror, Inc and International Union, Mine, Mill & Smelter Workers, C 1 0 , 47 N L R B, No 44 BE'RGENI POINT IRON WORKS a 541 ingly find' that the oral agreement between the Company and the Asso- ciation does not constitute a bar to this proceeding. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the U. E. and the Association each repre- sents a substantial number of employees in the unit hereinafter found appropriate.2 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 Act. IV. TTCE APPROPRIATE UNIT With the exception of the watchmen ands guards, all parties agree that all employees of the Company, excluding supervisory employees, foremen, andi office workers, constitute,an appropriate unit. The U. E. and the Association desire the inclusion of the watchmen and guards whereas the Company desires that they be excluded. The Company employs three watchmen. The normal duties of the watch- men are to clean out the main office, tend the fire in the boiler, check; all gates and doors of the Company and to patrol the plant. The record discloses that the Association has bargained with the Company on behalf of the watchmen. However, since a short time after De- celnber 7, 1941, they have been subject to regulations of the Federal Bureau of Investigation and the United. States Army. In view of these circumstances we agree with the contention of the Company and,shall exclude watchmen and guards from the unit. We find that all employees of the Company excluding supervisory employees, foremen, office workers, watchmen and, guards, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. TIIE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot,among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion, subject to the limitations and additions set forth therein. 2 The Regional Directoi repot ted that the U E submitted 84 designation cards, of which 81 bear the names of persons who appear on the Company's pay roll of January 13, 1943. Of the 81 designation cards 80 heir apparently genuine original signatures and 1 bears a printed signature. He further reported that the Association submitted 80 application cai ds. of which 63 contain names appearing upon ,the afore-mentioned pay roll Fifty-five of these bear apparently original signatures and the remainder bear printed signatures In addi- tion, the Association submitted its financial records which indicate that 49 persons paid dues at some time during the year 1942 Thirty-seven names appear upon the cards sub- mitted by both the U. E and the Association There are approximately 113 employees in the appropriate unit 542 ' DECISIONS OF NATIONAL :'LABOR 'RELATIONS BOARD 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 Re- lations Act, and pursuant to Article III, Section.9,,of National•Labor Relations Board Rules and Regulations-Series 2, amended, it is hereby DIRECTED that, as part,of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bergen Point Iron Works, Bayonne, New Jersey, 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 Second 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 em- ployed 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 they desire to be represented by United Electrical, -Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, or by Bergen Point Iron Works Coopera- tive Association, for the purposes of collective bargaining, or by neither.