Waterman Steamship Corp.

In the Matter Of WATERMAN STEAMSHIP CORPORATION (REPAIR Divi- sioN) and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE No. 261, AFFILIATED WITH AMERICAN FEDERATION OF LABOR - Case No. R-5095.-Decided May 6, 1943 McCorvey, McLeod, Turner ct Rogers, by Messrs. T. McCorvey and Ben D. Turner, of Mobile, Ala., for the company. Mr. C. H. Applewhite, of Mobile, Ala., for the I. A. M. Mr. Glenn L. Moller, of counsel to the Board. DECISION AND - DIRECTION OF ELECTION STATEMENT OF-THE-CASE Upon petition duly filed by International Association of Machinists, Lodge No. 261, affiliated with American Federation of Labor, herein called the I. A. M.,-alleging that a question affecting commerce had arisen concerning the representation of employees of Waterman Steam- ship Corporation (Repair Division), Mobile, Alabama, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before J. Michael Early, Trial Examiner. Said hearing was held at Mobile, Alabama, on March 30, 1943, and April 1, 1943. The Company and the I. A. M. appeared, participated, and were afforded full opportunity to be heard, to exam- ine 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. Upon.the entire,recordin the case, the Board makes=the-following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Waterman Steamship Corporation is an Alabama corporation with its principal place of business in Mobile, Alabama. It is engaged in ' Industrial Union of Marine and Shipbuilding Workers of America, affiliated witli the Congress of Industrial Organizations , was duly notified of the hearing and its representa- tive appeared at the opening of the hearing. He stated that his organization had no Interest in the proceeding and did not wish to intervene. - 49 N. L. R. B., No. 79. 555 556 DE01SIONS OF NATIONAL LABOR RELATIONS BOARD the business of operating steamships and in the course of that business operates a repair yard on property of the Alabama State Docks, the repair yard being known as the Repair Division. The purpose of the repair yard formerly was to repair and maintain the Company's vessels and those of a subsidiary, the Pan Atlantic Steamship Corporation. At the present time, however, the Company has contracts with govern- mental agencies under which the Repair Division makes repairs and installations on vessels used for war purposes. Almost, 99 percent of the activity at the yard is now devoted to this kind of work. During the year 1942, the repair yard used raw materials which included iron, steel, wood, tin, brass, copper, ropes, and paint, of which approximately 50 percent was purchased and shipped to the yard from points outside the-State of Alabama. The Company admits that it is engaged in commerce within the meaning of the National Labor, Relations Act. II., THE ORGANIZATION INVOLVED International Association of Machinists, Lodge No. 261, affiliated with American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company, upon request, has refused to recognize the I. A. M. as the exclusive bargaining representative of its employees until there has been a certification by the Board, contending that the unit sought by the I. A. M. is inappropriate for. the purposes of collective bargaining. A statement of the Trial Examiner, made at the close of the hearing, indicates that the I. A. M. represents 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. THE APPROPRIATE UNIT The I. A. M. in its petition asks for a unit consisting of all employees of the Machinist Department, including assistant foremen, quartermen, 2 The I . A. M. submitted its ledger book which contains the names of 81 paid -up members whose names appeared on the Company's pay roll of March 14 , 1943. The I A, M. also submitted 73 application-for-membership cards , all bearing the names of persons whose names appeared on the Company's pay roll of the same date. The aforesaid pay roll indicates that there are 174 employees in the appropriate unit. WATERMAN STEAMSHIP CORPORATION 557 ,leadermen, "first-class," "second-class," 3 handymen, and helpers, but excluding the manager, general superintendent, assistant superintend- ent, foremen, draftsmen, clerical employees, and laborers. The Company contends that the appropriate unit should be plant- wide or industrial in scope, including the employees in all departments in the repair yard except draftsmen, clerical employees, and-salaried supervisors. The foremen and all officials above -the rank of foreman receive monthly salaries while the assistant foremen and lesser super- visors are paid on an hourly basis. Thus, it. appears that the parties are 'in agreement as to the exclusion of salaried supervisors, clerical employees, and draftsmen. The Company has divided the employees at the yard into 13 depart- ments; electrical, machinist, pipe, steelworkers, carpenters, non-pro- ductive; sheet metal, burners, rigging and hull, crane crew, painting, welders, and bull gang. The Company contends that because the working conditions of all employees are the same and because the work .of the various departments is so closely related, only an industrial unit is appropriate. There is no history of collective bargaining at the repair yard, although it has been the policy of the Company to maintain wage.' levels and working conditions on a par with those of other yards' in the area. On occasion, in carrying out this policy, the Company has conferred with craft union representatives. It is significant to note that the departments ire arranged along traditional craft lines. Thus the jurisdiction of the I. A. M. is almost coextensive with the Machinists Department, insofar as employees at the repair yard are concerned, differing only in that a few laborers in the Machine Depart- ment are ineligible to membership in the I. A. M. The employees of the Machinist Department are the only group at the repair yard who have indicated a desire to bargain collectively; the other craft unions have made no attempts to organize at the yard; and there has been no organization whatever on an industrial basis. In -view of the present state of self-organization of the Company's employees'on a craft basis, the absence of a history of collective bar- gaining, and the other circumstances noted herein, we find that a craft unit 'is appropriate for the purposes of collective bargaining. Our decision will not, however, preclude a`later finding that a larger, more inclusive unit 'is appropriate.4 Since the I. A. M. does not seek to represent the laborers in the Machinist Department, and does not admit them to membership, we shall exclude them from the unit. 8 The terms "first-class" and "second-class" presumably refer to first- and second-class machinists.' ' AMatter of Merrill-Stevens Dry Dock Company and International Association of Machin- ists, Affiliated with American Federation of Labor, 35 N. L. R. B. 587. 558 DECISIONS OF NATIONAL LABOR 'RELATIONS, BOARD Although the parties-agreed upon the inclusion in the unit of assist- ant foremen, quartermen, and leadermen, it appears that -these employees have substantial supervisory authority. The assistant foremen receive,their orders from the foreman of the department. They in turn give directions to the quartermen who in their turn. pass on the instructions to the leadermen. Although the record does not reveal whether either quartermen or leadermen have authority to make recommendations,as to hire or discharge, it appears that neither of these groups does any manual'work, all their time being devoted to supervision. The hierarchy of supervisors such as those here involved is typical of the shipbuilding industry. In some of the cases involv- ing employees in that industry which have come before us, the parties have stipulated that assistant foremen, quartermen, and leadermen should be excluded from units of non-supervisory employees.5 In other cases, where the parties were in dispute as to the inclusion or exclusion of one or more of these groups, we have held that they should be excluded.6 In one instance, where the parties agreed to include 'both'quartermen and leadermen in the unit, we permitted the inclu-- sion of leadermen, only because the evidence revealed that a substan- tial portion of their'time'was spent in production work, but excluded the quartermen.? In view of their supervisory authority and our established practice, we shall exclude the assistant foremen, quarter- men, and leadermen from the unit. We find that all employees' of the Machinist Department of 'the Company's repair yard,, but excluding the manager, general superin- tendent, assistant superintendent, draftsmen, clerical employees, fore- men, assistant foremen, quartermen; leadermen, and persons classed as laborers, 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 which has . arisen be ;resolved.,by. an election by secret, ballot,,' amongr,.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. 6 Matter of Bethlehem Shipbuilding Corporation , Limited and Industrial Union of Marine and Shipbuilding Workers of America, Local No. 5, 11 N: L. R . B. 105, 150. Matter of Bethlehem-Hingham Shipyard, Inc and American Federation of Labor, 48 N. L. R. B., 1296. - 6 Matter of Cramp Shipbuilding Company and American Federation of Labor, 37' N. L. R. B. 746 ; Matter of Alabama Dry Dock and Shipbuilding Co. and Mobile Metal Trades Council, affiliated with American Federation of Labor, 39 N. L. R. B. 954. 7 Matter of Decatur Iron & Steel Company Shipbuilding Division and United Brother- hood of Welders, Cutters and Helpers of America, 45 N. L. R. B. 504. WATE'RMAN, STEAMSHIP CORPORATION 559 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Waterman Steam- ship Corporation (Repair Division); Mobile, Alabama, 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 Fifteenth 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 the employees who did not work during said pay-roll period because they were ill or,on vaca- tion 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 those employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by International Association of Machinists, Lodge No. 261, affiliated with American Federation of Labor, for the purposes of col- lective bargaining. 4