New England Shipbuilding Corp.

In the Matter of NEW ENGLAND SHIPBUILDING CORPORATION and PORT- LAND MARINE 'DRAFTSMEN'S ASSOCIATION, ASSOCIATED WITIt THE NATIONAL CouNCIL OF MARINE DRAFTSMEN Case No. B-5835.-Decided September 7,1943 Drummond cC Drummond, by Mr. William B. Mahoney, of Port- land, Maine, for' the Company. Messrs. Dudley P. Cotton and Robert W. Mitchell, of South Port- land, Maine, and Mr. H. M. Larrabee, of New York City, for the As- sociation. Mr. William R. Cameron, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Portland Marine Draftsmen's Asso- ciation, associated with the National Council of Marine Draftsmen, herein called the Association, alleging that a question affecting com- merce had arisen concerning the representation of employees of New Engla`nd' Shipbuilding Corporation, South Portland, Maine, herein 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 Portland, Maine, on Au- gust 14, 1943. The Company and the Association appeared, partici- pated, 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: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY New England Shipbuilding Corporation is a Maine corporation, having its principal place of business at South Portland, Maine, where 52 N. L. R. B., No. 80. 511 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD it is engaged in the construction of cargo vessels for the United States Maritime Commission. Approximately 95 percent of all the raw materials used by the Company is shipped to it from points outside the State of Maine. All vessels constructed by the Company are de- livered to the United States Maritime Commission at Portland Har- bor, Maine. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Portland Marine Draftsmen's Association, associated with the National Council of Marine Draftsmen, is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Association, through its representatives, requested that the Company recognize it as the exclusive bargaining representative of the employees claimed by it to be within the appropriate unit. The Company's representative replied that the Company was not dis- posed to recognize any organization as the exclusive representative until such time as such representative had been designated by the Na- tional Labor Relations Board. A statement of the Regional Director introduced in evidence at the hearing indicates that the Association represents a substantial number of employees in the unit hereinafter found to be 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 parties agree that all draftsmen, tracers, designers and engi- neers of the type now employed in Department 10, blueprint room em- ployees and technical clerks, but excluding clerical employees and su- pervisors, constitute an appropriate unit. A dispute exists, however, with respect to the status of three employees, D. P. Cotton, R. W. Haskell, and E. W. Eldridge, question being raised as to whether these employees are supervisors. The record discloses that Cotton is employed in the hull drawing room and is classified as a first-class draftsman. Haskell is also employed in this department and checks purchase orders against material lists to see that they are properly coordinated. Eldridge works in the blueprint room and is engaged at 1 The Regional Director reported that the Association had submitted 33 membership applications, of which 30 bear the apparently genuine original signatures of persons whose names are on the Company's pay roll as of June 24, 1943, containing a total of 33 names of persons in the unit claimed to be appropriate. NEW ENGLAND SHIPBUILDING CORPORATION 513 both blueprinting and photostatic work. Each of these employees distributes work to other employees and checks it upon its completion. Each receives a somewhat higher hourly rate of pay than that of the employees with whom he works. It was testified, however, by the chief hull draftsman, that all the Company's supervisors are paid on a sal- ary basis. Each of these employees spends the greater part of his 'time in doing the actual work at which he and the employees with him are engaged. Although each is responsible for checking the work which he distributes, and for its correctness and accuracy, the authority to approve the work rests with the head of the department. The rec- ord clearly indicates that none of these employees in question has the authority to recommend discipline or promotion. In view of all these circumstances we find that Cotton, Haskell, and Eldridge are not supervisors within the meaning of the customary definition. We shall include them in the unit. We find that all draftsmen, tracers, designers and engineers of the type now employed in Department 10, blueprint room employees and technical clerks, but excluding clerical employees and all 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 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 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 represent- atives for the purposes of collective bargaining with New England Shipbuilding Corporation, South Portland, Maine, an election by secret ballot shall be conducted as early as possible, but not later than 514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thirty (30) days 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 Regula- tions, 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Portland Marine Draftsmen's Association, associated with the National Council of Marine Draftsmen, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. '