St. Johns River Shipbuilding Co.

In the Matter of ST. JOHNS RIVER SHIPBUILDING COMPANY and AMERI- CAN FEDERATION OF OFFICE EMPLOYES ' LOCAL UNION No. 23,133, AF- FILIATED WITH THE A. F. OF L. In the Matter of ST. JOHNS RIVER SHIPBUILDING COMPANY and AMERI- CAN FEDERATION OF OFFICE EMPLOYEES' LOCAL No. 23,133, A. F. OF L. Cases Nos. R-5734 and B-5735 respectively.Decided August °20,1943 Messrs. A. H. Ainslow, and Charles Andrew O'Connor, of Jackson- ville, Fla., for the Company. Mr. George L. Googe and Mrs. Lorraine Rhodes, of Jacksonville, Fla., for the Union. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed 'by American Federation of Office Em- ployes' Local No. 23,133, affiliated with the A. F. of L., herein called the Union, alleging that questions affecting commerce had arisen concern- ing the representation of employees of St. Johns River Shipbuilding Company, Jacksonville, Florida, herein called the Company, the Na- ,tional Labor Relations, Board consolidated the cases and provided for an appropriate hearing upon due notice before Dan M. Byrd, Jr., Trial Examiner. Said hearing was held at Jacksonville, Florida, on July 22 and 23, 1943. 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 rulings made at the hearing are, free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 52 N. L., R. B., No. 3. 12 ST. JOINS RIVER SHIPBUILDING COMPANY FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 13 St. Johns River Shipbuilding Company, a Florida corporation, is engaged in Jacksonville, Florida, in the construction of shipyard facili- ties and the construction of Liberty cargo vessels for the United States Maritime Commission. During 1942, the Company purchased raw materials, valued at approximately $10,000,000, of which approxi' lnately 50 percent was shipped to the Company from points outside the State of Florida. During the same period, the Company constructed nine Liberty ships, each valued at approximately $1,500,000. II. TIIE ORGANIZATION INVOLVED American Federation of Office Employes' Local Union No. 23,133 is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION In May 1943, the Union requested recognition as the exclusive bar- gaining representative of the Company's firemen and office employees. The Company refused such recognition unless and until the Union is certified by the Board. Statements of a Field Examiner of the Board, introduced in evidence at the hearing, indicate that the Union represents a substantial number of employees in the units hereinafter found to be appropriate.,, We find that questions affecting commerce have 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 UNITS The parties agreed that if the Board determines the firemen con- stitute an appropriate unit, that unit should comprise all firemen, including the fire captains, but excluding the chief and the assistant chiefs. The Company employes 42 persons in its fire department, including the chief and the 3 assistants. The duties of the firemen con, sist of fire patrol duty, fire hazard inspection, checking and maintain- ing fire fighting aparatus, and in general protecting the property of The Field Examiner reported that the Union presented 679 designations bearing appar- ently genuine signatures , 439 of which , bear the names of persons whose names are on the Company's pay roll of June 6, 1943 . Of the 439 designations , 426 are dated between October 1942 and June 1943, and -13 are undated. Said pay roll contains the names of 1,428 persons in the unit of office employees. The Field Examiner further reported that the Union presented 36 designations bearing apparently genuine signatures , 35 dated in May and June 1943, and 1 undated . All the designations bear the names of persons whose names are on the Company's pay roll of June 20, 1943. Said pay roll contains the names of 46 persons in the unit of firemen. .14 DECISIONS OF NATIONAL :LABOR RELATION' BOARD the Company against fire and' enforcing safety provisions. The chief and his 3 assistants have the complete supervision over personnel in the fire department. We conclude that they are supervisory em- ployees; we shall exclude them. The 3 fire captains engage in the same duties as those of the other firemen. The only indicia of super- visory authority exercised by them is that of the assignment of duties, at a fire, to firemen in the absence of the chief or the assistants. If the captains are, absent, the driver of the fire truck assigns such duties. We find that fire captains are not supervisory employees, and we shall include them within the unit. We find that all firemen, including fire captains, but excluding the fire chief and his assistants, constitute a unit appropriate for the purposes of colleetiye bargaining, within the meaning of Section 9 (b) of the Act. The Union contended in its petition that all employees regularly employed by the Company as clerical and office employees in all de- partments, excluding managerial employees and department man- agers who have authority to hire and discharge constitute an appro- priate unit. At the hearing the parties Agreed to the" inclusion in and exclusion from the unit of certain classifications.2 The parties- are in disagreement with respect to the following classifications, which are discussed in detail. 3 The Company contends that the following are 'supervisory em- ployees, and should be excluded from the, unit, whereas the Union contends that they are non-supervisory 'and should be included. - Expediters: These employees expedite the delivery of material to production either from the vendor or from the warehouse. They are assisted by and. have supervision of various types of clerical em- ployees. They are paid on a salary basis. They have the authority to hire and discharge the employees under their supervision. We conclude that the expediters are supervisory employees, and we shall exclude them from the unit. 2 Included by agreement : calculator operators , dispatch clerk-transportation, duplicat- ing operators , equipment checkers , yard expediters, identification clerks , junior auditors, planners;_scitntificecalculators-junior, senior clerks , steel"checkers, tool clerks, toolroom- attendants, welding counters, junior clerks, junior material billers, key punch operators, material checkers, and progress clerks Excluded by agreement : assistant building custodian , assistant culinary superintendent, assistant labor relations officer, assistant supervisor-office service division , assistant safety director, assistant to facilities engineer , building custodian , methods man, pay-roll super- visor, purchasing clerk-chief, rationing officer, traffic manager, transportation dispatcher, calculators-technical , draftsman-leading, engineers, instrument men, nurse , rodmen, tech- nician, absentee interviewers, administrative assistant-president's office, buyers, editor, executive secretaries, and safety and sanitary inspectors. The Union also requested that clerical and office employees coming under the proper jurisdiction of another A F of L union be excluded. We interpret this to mean employees covered by contract. It does not appear that the employees here involved are so covered. 3 Although at the hearing the Company agreed to the inclusion of the time-keeping department employees, certain employees in the personnel and labor relations departments, and junior and senior clerks in the offices of executives and department beads, in its brief it contended that those employees should be excluded. ST. JOHNS RIVER SHIPBUILDING COMPANY 15 Senior material billers: These employees plan, direct, and supervise the activities of senior or junior, clerks and other clerical and steno- graphic help. Their main function is to consolidate in a uniform and systematic manner all items of materials needed by the various pro- duction departments. They have the authority to hire, fire, and dis- charge the employees under their supervision. We conclude that the senior material billers are supervisory employees, and we shall exclude them from the unit. Production dispatchers: The duties of these employees consist of following up and expediting the fabrication of materials in accord- ance with bills of material. Under their supervision are such types of employees as steel checkers, junior clerks, and hourly rated expe- diters. They have the authority to recommend the hire and discharge of those employees. We are of the opinion that they are supervisory employees, and we shall exclude them from the unit. Section heads, supervisory clerks, and unit heads: The section heads have complete supervision over the entire clerical personnel in their respective departments, which includes the supervisory clerks and unit heads. They have the authority to hire and discharge employees under their supervision. The supervisory clerks issue orders to clerical em- ployees and have the authority to recommend the hire or discharge of those employees. The unit heads usually have supervision over a much smaller-group, but it appears that they may recommend increases in wages, and the discharge of employees under their supervision. We conclude that all these employees have duties of such supervisory nature as to warrant their exclusion from the unit. Receptionist: This employee is located in the main office and is re- sponsible for the admission of all persons to the Company's offices. He has supervision over the five messengers attached to his office. The record indicates that he-is also the chief of messengers. We are of the opinion that he is a supervisory employee and we shall exclude him from the unit. . Senior planners and Senior progress clerics: The senior planners direct and plan the movement of supplies and materials from one pro- duction department to another. They have approximately 70 or 80 employees under their supervision. It appears that they have the authority to hire and discharge such employees. The senior progress clerks check the flow of material and accumulate all manner of data and statistics showing the actual progress made on each vessel under construction. They have approximately 20 progress clerks, and senior and junior clerks, stenographer and typists under their supervision. They too have the authority to hire and discharge those employees. We conclude that the senior planners and senior progress clerks are supervisory employees and we shall exclude them from the unit. 16 bEONIONS OF NATIONAL LABOR REt ATION6 BOARD The Company contends that the following employees should be excluded on the ground. that their duties are of a technical, profes- sional, and engineering nature; whereas the Union contends that their duties are sufficiently similar to those of other clerical employees as to warrant their inclusion. , Accountants and auditors: The accountants are engaged in pre- paring accounting records and statements, and the auditors engage in the verification of such records and statements. It appears from the record that the calibre of the educational background and experi- ence possessed by these employees places them in a professional cate- gory, and that they are clearly distinguishable both in their duties and background from the ordinary clerical employees engaged in work in_ the accounting department. We shall, therefore, exclude them from the unit. Blueprint operators, bookkeepers (machine operators), tabulating machine, operators: The blueprint operators operate photostatic blue- print machines, the bookkeepers operate electromatic• bookkeeping machines, and-the tabulating machine operators operate tabulating machines, alphabetical interpreters, alphabetical accounting machines, alphabetical duplicators, and, collators. We are of the opinion that the skill of these employees is no greater than that of the calculator operators, duplicating operators, and key punch operators whom the parties have agreed, to include. We shall, therefore, include these employees. Senior and junior draftsmen: These employees perform drafting work of all types. The evidence indicates that they are not clerical- but technical employees, and we shall, therefore, exclude them from the unit. ' , Statisticians: The parties have agreed to the exclusion of three. statisticians engaged in job analyses. The Company employs only one other statistician, who is engaged in the analysis and study of the- causes of industrial injuries and the formulation of recommendations for their alleviation. We are of the opinion that the interests of this. employee are clearly indistinguishable from those of the other statis- ticians whom the Union has agreed to exclude. We shall, therefore, exclude him from the unit. Inspectors: These employees inspect mechanical, electrical, and, welding fixtures and operations. They prepare reports with respect to their observations, which they submit to their superiors. Inspec- tors perform duties which are not of a clerical nature. We shall ex- clude them from the unit. The Company contends that the following employees are confiden- tial employees and should be excluded; whereas the Union argues that they should be included. ST. JOFLN'S RIVER SHIPBUILDING COMPANY 17 'Secretaries of department heads : There are 20 secretaries of the de. partment heads and they have generally the same -types of duties as those of the executive secretaries excluded by agreement of the parties. These employees perform the customary functions of secretaries. We believe that the duties of these employees will permit them' to have knowledge of such confidential labor affairs, and that their other duties are sufficiently comparable to the duties of the executive secre- taries whom the parties have agreed to exclude , as to warrant their- exclusion from the appropriate unit. We shall therefore exclude the. secretaries of all department heads. File clerks, messengers, stenographers , telephone operators , and typ- ists: These employees engage in duties normally associated with their respective classifications. The record does not indicate that the above, named persons possess information directly relating to problems of la- bor relations. The possession of important information is of itself in- sufficient to justify exclusion from the right to collective bargaining. We shall, therefore, include them in the unit. Personnel and labor relations departments: The employees in these departments work with records which relate directly to the problem of labor relations . We conclude, therefore , that all employees in these departments possess information of a sufficiently confidential nature as to warrant their exclusion' from the unit and we shall exclude them. Since the interviewers , chief interviewers , and clerical employees en-. gaged in interviewing work are part of the personnel department, they- too shall be excluded from the unit. Timekeeping department : The persons working in this department check employees in and out through the clock aisles, assort and dis- tribute employees' tabulation time cards , make periodic field checks of- all reports, and perform general routine clerical duties in connection with timekeeping functions . They also distribute pay checks. On the basis of the record before us, we find that the duties of the timekeepers are primarily clerical in nature and that their interests are similar. to those of other employees within the alleged appropriate unit. We. shall, therefore, include employees in the timekeeping department. The Company also desires the exclusion of junior and senior clerks in the offices of executives and department heads. These employees per- form routine clerical work. The record indicates that their duties are generally the same types as those of the junior and senior clerks in other departments included by agreement of the parties . We shall, therefore, include them in the unit. We find that all office and clerical employees of the Company, in- cluding those classifications set forth in Appendix "A", but excluding- those classifications set forth in Appendix "B", and managerial em- 18 DECISIONS OF NATIONAL LABOR RELATION,S BOARD ployees, department managers, and all other' supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such, action, 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 questions concerning representation which have arisen be resolved by elections by secret ballot among the em- ployees in the appropriate units who were employed during the pay- roll period immediately preceding the date of our Direction of 'Elec- tions, subject to the limitations and additions set forth therein. DIRECTION OF ELECTIONS 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 St. Johns River Shipbuilding Company, Jacksonville, Florida, elections by secret,bal- lot 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 Tenth Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Section 10, of said Rules and Regulations, among the employees in the units found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work dur- ing said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding any who have since quit or been discharged for cause, to de- termine whether or not they desire to be represented by American Federation of Office Employes' Local Union No. 23,133, affiliated with the A. F. of L., for the purposes of collective bargaining. CHAIRMAN MiLLIs took no part in the consideration of the above Decision and Direction of Elections. ST. JOHNS RIVER SHIPBUILDING COMPANY 19 APPENDIX "A" Calculator operators Dispatch clerk-transportation Duplicating operators Equipment checkers Yard expediters Identification clerks Junior auditors Planners Scientific calculators-junior Senior clerks Steel checkers Tool clerks Toolroom attendants Welding counters Junior clerks Junior material billers Key punch operators Material checkers Progress clerks Blueprint operators Bookkeepers (machine operators) Tabulating machine operators File clerks Messengers Stenographers Telephone operators Typists Timekeeping department em- ployees Junior and senior clerks in the of- fices of executives and depart- ment heads APPENDIX "B" Assistant building custodian Assistant culinary superintendent Assistant labor relations officer Assistant supervisor-office serv- ice division Assistant safety director Assistant to facilities engineer Building custodian Methods man Pay-roll supervisor Purchasing clerk-chief Rationing officer Traffic manager Transportation dispatcher Calculators-technical Draftsman-leading Engineers Inspectors Instrument men Nurse Rodmen Technician Absentee interviewers Administrative assistant - presi- dent's office ' 549875-44-vol. 52-3 Buyers Editor Executive secretaries Safety and Sanitary inspectors Expediters Senior material billers Production dispatchers Section heads Supervisory clerks Unit heads Receptionist Senior planners Senior progress clerks Accountants Auditors Senior and junior draftsmen Statisticians Secretaries of department heads Personnel and labor relations de- partment employees including the chief interviewers, interview- ers, and clerical employees en- gaged in interviewing work