Todd Shipyards Corp.

In the Matter of TODD SHIPYARDS CORPORATION (HOBOKEN DIVISION) and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL #15, C. I. O. Case No. B-5667.-Decided September 1, 1943 Cullen & Dykman, by Messrs. Harry G. Hill and Robert B. Lisle, of Hoboken, N. J., for the Company. Mr. Samuel L. Rothbard, by Mr. Clarence Talisman, of Newark, N. J., for the Union. Mr. Robert Silagi, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petitions duly filed by Industrial Union of Marine and Shipbuilding Workers of America, Local #15, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Todd Shipyards Corporation (Hoboken Division), Hoboken, New Jersey, herein called the Company,' the National Labor Relations Board consolidated the petition herein with another petition filed by the Union covering other employees of the Company,2 and provided for an appropriate hearing upon due notice before Daniel Baker, Trial Examiner. Said hearing was held at Hoboken, New Jersey, on, July 12, 1943. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. For the purpose of decision the instant case was severed from Case No. R-5668 by order of the Board, dated August 11, 1943. At the hearing the Company moved to dismiss the petition herein on the ground that the employees petitioned for are a part of management. For the reasons set forth in Section IV, infra, the motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were af- forded an opportunity to file briefs with the Board. 1 At the hearing the petitions were amended to show the Company's true designation. 2 Case No. R-5668. 52 N. L. R. B., No. 50. 356 TODD SHIPYARDS CORPORATON 357 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Todd Shipyards Corporation is engaged principally in the repair, alteration, and conversion of seagoing vessels. The Company operates several shipyards; however, it is solely with the one at Hoboken, New Jersey, that this proceeding is concerned. The ship repair work per- formed by the Hoboken Division exceeds $10,000,000 per annum, 90 percent of which is billed against vessels engaged in interstate com- merce and an equal percent of the total work is performed under con- tracts with agencies of the United States Government. A substantial majority of the material that is used by the Company is shipped to the Hoboken Division from points outside the State of New Jersey and the Company's products are installed in ships which operate in interstate and international commerce. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Industrial Union of Marine and Shipbuilding Workers of America, Local #15, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Prior to and in the course of the hearing the Company refused to grant recognition to the Union as the exclusive bargaining representa- tive of the employees here petitioned for until the Union has been cer- tified by the Board in an appropriate unit. A statement of the Re- gional Director, introduced in evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found 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 Act., IV. THE APPROPRIATE UNIT The Union seeks a unit composed exclusively of guards employed at the Hoboken shipyards. The Company takes the position that ' The Regional Director reported that the Union submitted '95 application-for-membership cards, 88 of which bore the names of persons appearing on the Company 's pay roll of June 6, 1943 , which contains the names of 148 employees in the appropriate unit. Of these 88 cards, 72 bore apparently genuine original signatures, and 16 bore printed names. The cards were dated between April and June 1943. 358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD guards, under the theory of The Maryland Drydock Company 4 deci- sion, are part of management and should not be permitted collective bargaining representation under the Act. In this contention the Company is clearly mistaken.5 We have often held, as we do now, that plant-protection employees are entitled to the full benefits of the Act despite their militarization. The only limitation thereon was set forth in the very recent Dravo case,e where we said : The militarization of plant-protection employees, while no ob- stacle to unionization, is nevertheless significant. As civilian auxiliaries of a military force, the guards have greater duties and obligations than have those plant-protection employees who are not militarized. To the end that the guards may be better able to function within the military sphere, and to permit the mili- tary authorities to exercise greater control over the guards, we shall establish a bargaining unit for all militarized plant-pro- tection employees separate and apart from those who are non- militarized. We contemplate that the separation of the bargain- ing units in their negotiations with the Company and their day to day activities will be one of fact, not merely form. In the instant case, the guards petitioned for are employees of the Company. With the exception of those stationed at the gates of the shipyard, and the supervisory guard personnel, they are not armed. Although they are all temporary members of the Coast Guard Reserve, they wear no uniforms except that some wear Coast Guard caps and others wear coats which have the appearance of uniform coats. The guards work under the supervision of the sergeants and ultimately a captain who is responsible to the plant management, and also to the chief commanding guard -officer who is in charge of all of the Com- pany's shipyards. The duties of the guards are mainly to protect the property of the Company from theft and sabotage. They also report violations of the Company's rules to their superiors who, in turn, make reports to the management. They do not attempt to discipline the production workers or to enforce the rules and regulations of the- Company other than through the reporting of violations. It is also their duty to exclude from the shipyard premises persons not author- ized to be thereon. From all the evidence it is manifest that the guards exercise moni- tory and not supervisory functions. We shall therefore establish a separate unit for the guards. We find that all guards employed in the Hoboken Division of the Company, but excluding sergeants, lieuten- ants, captains, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the * 49 N. L R B. 733. See Matter of The Maryland Drydock Company, 50 N L R B 363 e See Matter of Dravo Corporation., 52 N. L R. B 322. TODD SHIPYARDS CORPO,RATON 359 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 The Union requested that June 6, 1943, be used as the date of eligibility to vote. No special reason appearing for deviating from our normal practice, we shall direct that the question concerning representation which has arisen,be resolved by an election by secret ballot among the employees in the appropriate unit who were em- ployed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and addi- tions set forth in the Direction. 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 National Labor Relations Board Rules and Regulations-Series 2, as amended; it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Todd Shipyards Corporation (Hoboken Division), Hoboken, 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 di- rection and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found ap- propriate 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 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 those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Industrial Union of Marine and Shipbuilding Workers of America, Local #15, C. I. 0., for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.