Atlantic Basin Iron Works, Inc.

In the Matter of ATLANTIC BASIN IRON WORKS, INC. and PATTERN MAK- ERS ASSOCIATION OF NEW YORK & VICINITY OF PATTERN MAKERS LEAGUE OF NORTH AMERICA (A. F. of L.) Case No. 2-R-5270.-Decided June 9,1945 Mr. Frank B. Devlin, of Yonkers, N. Y., and Mr. George R. Miller, of New York City, for the Company. Messrs. Carl Gariffo and George A. McKinnon, of New York City, for the P. M. L. Rothbard, Harris & Talisman, by Mr. Bernard Cherny, of Newark, N. J., and Mr. Edward Ricci, of New York City, for the C. I. O. Mr. Harry Nathanson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Pattern Makers Association of New York & Vicinity of Pattern Makers League of North America (A. F. of L.), herein called the P. M. L., alleging that a question affecting commerce had arisen concerning the representation of employees of Atlantic Basin Iron Works, Inc, New York City, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before R. N. Denham, Trial Examiner. Said hearing was held at New York City on April 5, 1945. The Company, the P. M. L., and Indus- trial Union of Marine and Shipbuilding Workers of America, Local 39, C. I. 0., herein called the C. I. 0., 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. The Trial Ex- aminer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: 62 N. L. R. B., No. 40. 256 ATLANTIC BASIN IRON WORKS, INC. 257 FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Atlantic Basin Iron Works, Inc., is a New York corporation with its principal office and place of business in New York City, where it is en- gaged in the repair, equipment, and maintenance of vessels of both domes- tic and foreign registry operated in coastal, intercoastal, and foreign com- merce. During the year 1944, the Company purchased raw materials val- ued in excess of $1,000,000, of which approximately 30 percent was shipped to it from points outside the State of New York. During the same period the Company performed repair services and maintenance work upon vessels of both domestic and foreign registry valued in excess of $1,500,000. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Pattern Makers Association of New York & Vicinity of Pattern Makers League of North America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. Industrial Union of Marine and Shipbuilding Workers of America, Local 39, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 29, 1944, the P. M. L. filed its petition herein. Since 1938, the year in which it was certified by the Board as the collec- tive bargaining agent of the Company's production and maintenance work- ers, the C. I. O. has been recognized by the Company as the representative of such employees.' Pursuant to the directives of the National War Labor Board the C. I. O. executed its last collective bargaining agreement with the Company on September 20, 1943, effective as of August 11, 1942, and covering all production and maintenance employees. This agreement was to continue in operation until June 23, 1944, and from year to year there- after, unless at least 30 days prior to June 23 of any year commencing with 1944, either party gave notice to the other that revision or termination of the agreement was desired. Prior to May 23, 1944, the C. I. O. gave notice to the Company that it wished to revise the agreement. Negotiations in connection with revisions of the contract have been in progress since that time and, as yet, have not resulted in the execution of a new agree- ment. Matters in issue between the parties are now before the National War Labor Board for determination. ' In 1938 the C. I. 0 was successful in obtaining a contract from the Company. 258 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD Inasmuch as the C. I. 0. gave timely notice to the Company in 1944 that it wished to revise its agreement, and inasmuch as it was not a newly certi- fied or recognized union at the time the present proceedings before the National War Labor Board were initiated, and has since 1938 obtained for the Company's employees substantial benefits of collective bargaining, it is clear that no bar exists to a present determination of representatives.` A statement of a Field Examiner, introduced into evidence at the hear- ing, indicates that the P. M. L. 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES The P. M. L. seeks a unit of all the Company's pattern makers and pat- tern makers' apprentices, except for supervisory employees. The Company and the C. I. 0. contend that the proposed unit is inappropriate, claiming that collective bargaining has been conducted on the basis of a production and maintenance unit, including pattern makers. As noted above, the Board certified the C. I. 0. in 1938 as the exclusive bargaining representative of the Company's production and maintenance employees,' and since that year the Company has accorded recognition to, the C. I. 0., the last collective bargaining agreement between them, dated August 11, 1942, having covered all production and maintenance workers. The Company employs three pattern makers who perform the usual functions associated with their well recognized craft. They comprise a single segregated department under the direct supervision of the "boss" pattern maker. Thus, absent a compelling history of collective bargaining on a more comprehensive basis, it is plain that the employees sought could constitute an appropriate unit. The record is clear that since about 1938 the P. M. L., exclusively, has furnished the Company with pattern makers pursuant to the Company's request. All the Company's pattern makers are, and for a considerable time past have been, members of the P. M. L. Although the C. I. 0. has been the collecitve bargaining representative of the Company's produc- tion and maintenance workers, it does not appear that any pattern makers have ever been members of the C. I. 0., that the C. I. 0. has ever bargained for these employees, or that the C. I. 0. has ever presented grievances to the Company on their behalf. Moreover, there is no evidence that pattern 2 See Matter of General Metals Corporation , 59 N L R B 1252 8 The Field Examiner reported that the P M L submitted 3 authorization cards hearing apparently genuine signatures, and that there were four employees in the alleged appropriate unit The C 1 0 relies upon its contract as evidence of its interest in the instant proceeding. ' Matter of Atlantic Basin Iron Works, 6 N L R B 441 After certification by the Board, because of geographical readjustments among C . I. O. locals, Local 39 was substituted for Local 13 as the exclusive bargaining representative of the Company 's production and maintenance employees. ATLANT]C 13ASIN [RON \VORKS, INC. makers cast ballots in the election which resulted in the C I. O.'s certifi- cation.` In view of the foregoing facts, we are of the opinion that the history of collective bargaining does not preclude a finding that the group sought by the P. M. L. may constitute an appropriate unite Before making a final de- termination with respect to the appropriate unit, we shall first ascertain the desires of the employees themselves, as reflected by an election. Upon the results of the election will depend, in part, our determination. We shall direct that an election by secret ballot be conducted among all the Com- pany's pattern makers and pattern makers' apprentices, excluding the "boss" pattern maker 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, who were em- ployed during the pay-roll period immediately preceding the date of the Direction of Election, subject to the limitations and additions set forth therein, to determine whether they desire to be represented by the P. M. L or by the C. I. 0., for the purposes of collective bargaining. If a majority of the employees in this voting group select the P. M. L. as their bargaining representative, they will have thereby indicated their desire to constitute a separate appropriate unit. If, however, a majority of these employees choose the C. I. 0., then they will have thereby indicated their desire to remain part of the existing production and maintenance unit. 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Atlantic Basin Iron Works, Inc., New York City, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Re- lations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the voting group set forth in Section IV, above, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vaca- ° An examination of the record in the previous case involving the Company's employees indicates that the P . M. L was not made a party to and did not participate in that proceeding ° See Matter of Genet at Electric Company (Lynn River We,ks and Everett Plant ), 58 N. L R B 57; Matter of Goodyear Tire and Rubber Company, 55 N L R B 918, Matter of _National Auto- matic Tool Company, Inc, 60 N L. R B. 565. 260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Lion 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 and have not been rehired or reinstated prior to the date of the elec- tion, to determine whether they desire to be represented by Pattern Makers Association of New York & Vicinity of Pattern Makers League of North America, affiliated with the American Federation of Labor, or by Indus- trial Union of Marine and Shipbuilding Workers of America, Local 39, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. MR. JOHN M. HouSTON took no part in the consideration of the above Decision and Direction of Election.