Palmer Scott & Co., Inc.

In the Matter Of PALMER SCOTT- & COMPANY, INC. AND CAPE COD AMERICAN HouSE COIIPORATION and UNITED BROTIIERI-IOOD OF CAR- PENTERS & JOINERS OF AMERICA (A. F. L.) Case No. R-5804.-Decided September 6, 1943 Messrs. Oliver Prescott, Jr., and Fisher Abramson, both of New Bedford, Mass., for the Company. Mr. Roland E. Dube, of New Bedford, Mass., for the AFL. Grant & Angoff , byMr. Sidney L. Grant, of Boston, Mass., for the CIO. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition'duly filed by United Brotherhood of Carpenters & Joiners of America (A. F. L.), herein called the AFL, alleging that a question affecting commerce had arisen concerning the representation of employees of Palmer Scott & Company, Inc., and Cape Cod American House Corporation,' herein collectively called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene, Trial Examiner. Said hearing was held at New Bedford, Massachusetts, on August 6, 1943. The Company, the AFL, and Industrial Union of Marine and Shipbuilding Workers of America (CIO), herein called the CIO, appeared, participated, and were afforded full oppor- tunity 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. ' At the hearing the AFL amended its petition so as to include the employees of the Cape Cod American House Corporation This amendment was granted by the Trial Examiner without objections by any of the i)aities herein. 52 N. L. R. B., No. 74. 468 PALMER SCOTT & COMPANY, INC. 469 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Palmer Scott & Company,' Inc., herein called Palmer Scott, is en- gaged at New Bedford, Massachusetts, in the manufacture of small boats under 80 feet in length. It purchases annually raw materials valued at approximately $400,000, of which more than 50 percent is received from points outside the State of Massachusetts. During the calendar year, the Company's billing for merchandise manufactured by it approximated $1,000,000. Ninety percent of the production of the Company is on defense contracts for some branch of the United States Government, and the remaining 10 percent consists of a repair business dealing principally with commercial fishing vessels working out of New Bedford, Massachusetts. The Company's finished boats are delivered either in the waters of the Port of New Bedford or over the lines of interstate railways from said port. Approximately all of the Company's production is delivered eventually to points outside the State of Massachusetts. Cape Cod American House Corporation, a wholly owned subsidiary of Palmer Scott & Company, Inc., herein called the Cape Cod Corpo- ration, furnishes the latter with all of the lumber used in the boats manufactured by it. Ninety percent of the present business of the Cape Cod Corporation consists of the prefabrication and manufacture of fittings for the Palmer Scott boats, the remainder being a general house-building and repair business operated in and around the city of New Bedford. The major part of its present work is performed on the premises of Palmer Scott. We find that the Company, as hereinabove defined, is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Brotherhood of Carpenters & Joiners of America is a labor organization affiliated with the American Federation of Labor ad- mitting to membership, through its Local 1416, employees of the Company. Industrial Union of Marine and Shipbuilding Workers of America is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to membership employees of the Company. 470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION On or about July 9, 1943, the AFL requested that Palmer Scott recognize it as the exclusive bargaining agent for all of its employees. Palmer Scott refused to grant said recognition unless and until there has been a certification of the proper bargaining agent by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the AFL 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 AFL, in its amended petition, seeks to represent a unit consist- ing of all production and maintenance employees of Palmer Scott, including stockroom employees employed at the Main Yard, the Rod- ney French Yard, and the Car Barn, but excluding executives, non- working foremen, office and clerical employees, and guards. As here- inabove indicated, the AFL made a, motion at the hearing to amend the unit which it sought by including within it the employees of the Cape Cod Corporation; this motion was -granted by the Trial Examiner without objection by the other parties herein. The CIO, while agree- ing for the most part with the unit requested by the AFL, would ex- clude working foremen on the ground that they are supervisory em- ployees. The Company takes no position with regard to the appro- priate unit. The Company employs a number of individuals known as "key men," who, the CIO=-contends, are working foremen exercising supervisory authority, and should therefore be excluded from the unit. The record reveals that these employees, however, are nothing more than the older and more skilled employees of the Company who act in the capacity of gang leaders. They are assigned several helpers, ranging from two to seven, to whom they act as conduits for the transmission of orders and whom they instruct in the course of the performance of their tasks. These employees work along with their men and have no power or 2 The Regional Director reported that the AFL submitted 77 authorization cards bearing apparently genuine and original signatures and containing the names of persons appearing upon the Palmer Scott pay roll of July 17, 1943. This pay roll contained the names of approximately 155 persons within the classifications sought by the APL He further reported that the CIO submitted 10 application cards bearing apparently genuine original signatures of the names of persons appearing on the above-mentioned pay roll. The names of two employees appear on the cards submitted by both labor organizations involved herein. The record indicates that there are approximately 19 employees engaged by the Cape Cod Corporation . Thus, there are approximately 174 employees in the unit hereinafter found appropriate. PALMER SCOTT & COMPANY, INC. 471 authority to hire or discharge, or to recommend such action. In view of the foregoing, we are of the opinion that these employees do not exercise duties sufficiently supervisory in character so as to warrant their exclusion from the unit. We shall include them. The Company employs a female in its toolroom whose duties are partially clerical in nature but who is primarily concerned with the handing out of tools in the toolroom. The AFL would include her within the unit; the CIO would include her only if the major part of her working day is spent in work of a character other than clerical. The record indicates that the major part of this employee's time, is spent in the performance of her toolroom duties; we shall therefore include her within the unit. The Company employs two individuals as watchmen who are not armed or deputized. Their duties consist primarily of sweeping the premises and keeping the fires going in the heating boilers. We are of the opinion that the duties of these employees, as set forth above, in- dicate that they perform the customary duties of watchmen and are not part of the specialized plant-protection force which the Com- pany also employs.3 We shall therefore include them within the ap- propriate Unit .4 Although neither of the labor organizations involved herein in- dicated any specific representation among the employees of the Cape Cod Corporation, since the major part of the latter's present work is done on the Palmer Scott premises for Palmer Scott and the record indicates a close functional relationship between the two, we are of the opinion that the interests of such employees are sufficiently akin to those of the Palmer Scott employees to warrant their inclusion within the same unit; we shall therefore include them within the unit. We find that all production and maintenance employees of the Com- pany, as hereinabove defined, employed at its Main Yard, the Rodney French Yard, and Car Barn, including key men, watchmen, toolroom employees, and the employees of Cape Cod Corporation not employed within any category hereinafter excluded, but excluding executives and all supervisory employees with authority to hire, promote, dis- charge, discipline, or, otherwise effect changes in the status of em- ployees, or effectively recommend such action, office and clerical em- ployees, and armed guards, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3 we shall exclude, in accordance with our usual practice , all persons engaged as deputized guards 4 Matter of Hamrick Mills, 44 N. L. R B 238; Matter of North Carolina Finishinq Company, 44 N. L. R. B. 681; Matter of The Brown Paper Mill Company, Inc., 45 N. L. R. B. 1227; Matter of Kay Products Company, Division of Tyler Fixture Corporation , 51 N. L. R. B. 1216. 472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE 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 the Direction of Elec- tion herein, subject to the limitations and additions 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 Re- lations 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 Palmer Scott, & Company, Inc., and Cape Cod American House Corporation, New Bedford,, Massachusetts , an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) clays from the date of this Direction, under the direction and supervision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 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 United Brotherhood of Carpenters, & Joiners of America, affiliated with the American Federation of Labor, or by Industrial Union of Marine and Shipbuilding Workers of America, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargain- ing, or by neither. CHAIRMAN MILLIs took no part in the consideration of the above Decision and Direction of Election. Although the showing of the CIO within the unit found appropriate cannot be called substantial, we shall, according to our usual practice, afford it a place on the ballot inasmuch as it has made some showing, and we are holding an election within said unit.