Merrill-Stevens Dry Dock & Repair Co.

In the Matter Of MERRILL-STEVENS DRY DOCK & REPAIR COMPANY, EMPLOYER AND PETITIONER and INDUSTRIAL UNION OF MARINE & SHIPBUILDING WORKERS OF AMERICA, CIO, UNION Case No. 10-R211-15.-Decided September 23, 1948 DECISION AND ORDER Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are Whereby affirmed. . Pursuant to the provisions of Section 3 (b) of the National Labor .Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members. * Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. Industrial Union of Marine & Shipbuilding Workers of America, CIO, hereinafter called the Union, is a labor organization, claiming to represent employees of the Employer. 3. The alleged question concerning representation : The Employer has for some time recognized the Union as bargaining representative of its production and maintenance employees. At the hearing, the Employer conceded that it did not question the majority status of the Union, and it further asserted that it will continue to recognize the Union as the bargaining representative of the production and maintenance unit." 'Chairman Herzog and Members Houston and Roynolds 1 The parties are in dispute concerning the supervisory status of leading men who direct the work of skilled employees The duties of leading men are : to direct work of mechanics to maintain production ; to interpret shop orders or specifications ; and to assign work to be done by workmen under them , and rate the efficiency of these employees . Leading men may effectively recommend that employees be hired , promoted, or demoted ; but they have no 'authority to discipline or discharge men, although the Employer relies on their recommenda- tions with respect thereto . They do not engage in productive work except for purposes of demonstration and receive a salary of 18 cents per hour over the highest rate of pay of men they direct. Under these circumstances, we are of the opinion that these leading men .are supervisors within the meaning of the Act. . _ 79 N. L. R. B., No. 117. 962 MERRILL-STEVENS DRY DOCK & REPAIR COMPANY 963 Accordingly, we find that no question affecting commerce exists con- cerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act 2 ORDER ' Upon the basis of the entire record in this case, the National Labor Relations Board hereby orders that the petition filed in the instant matter be, and it hereby is, dismissed. 2 See Matter of Lake Tankers Corporation, 79 N. L. R. B. 442.