Federal Shipbuilding and Drydock Co.

In the Matter of FEDERAL SHIPBUILDING AND DRYDOCK COMPANY, EM- PLOYER and JOSEPH C. BALCIIUNAS, JOHN J. NICOL, EMPLOYEES, PE- TITIONERS and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL 16, C. 1. 0., UNION Case No. 2-RD-1.-Decided February 26, 19.1.8 Mr. Edward F. Hamill, of Kearny, N. J., for the Employer. Mr. Joseph C. Balchwnas, of Bayonne, N. J., and Mr. Joseph F. Carey, of Jersey City, N. J., for the Petitioners. Rothbard, Harris & Oxfeld, by Mr. Emil Oxfeld, of Newark, N. J., and Mr. Charles George, of Jersey City, N. J., for the Union. DECISION AND DIRECTION OF ELECTION Upon a petition for decertification duly filed, hearing in this case was held at New York City on October 28, 1947, before John J. Cuneo, hearing officer. At the hearing, the hearing officer refused to permit counsel for the Union to question an official of the Employer as to whether the Em- ployer had taken any affirmative steps to have the Union decertified. The purpose of such evidence could only be to show interference, re- straint, or coercion, within the meaning of Section 8 (a) (1) of the amended Act. The ruling of the hearing officer in this regard is hereby affirmed. The Board has consistently refused to permit the introduction of evidence of unfair labor practices in representation cases,' and we see no reason for departing from this policy in decer- tification proceedings. The hearing officer permitted counsel for the Employer, over the objection of counsel for the Union, to question one of the Petition- ers regarding his reason for filing the decertification petition. We are of the opinion that evidence of the reason for the filing of a decerti- fication petition is irrelevant. We therefore reverse this ruling of the hearing officer. The other rulings of the hearing officer made at the hearing are free from prejudicial error and are hereby affirmed. 1 Matter of Grinnell Company of the Pacific, 71 N. L R. B. 1370. 76 N. L. R. B., No. 57. 413 414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Federal Shipbuilding and Drydock Company, a New Jersey corpo- ration maintaining its principal office and place of business at Kearny, New Jersey, is there engaged in the business of constructing, repair- ing, and reconverting naval and merchant vessels. During the 12- month period preceding the hearing, the Employer purchased materials consisting of steel plates, boilers, turbine generators, and related equipment valued in excess of $1,000,0000, of which about 70 percent was received from sources outside the State of New Jersey. During the same period, the Employer constructed naval and mer- chant vessels valued in excess of $1,000,000, of which about 60 percent was delivered to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE PARTIES INVOLVED The Petitioners, employees of the Employer, assert that the Union is no longer the representative of the Employer's employees as de- fined in Section 9 (a) of the amended Act. The Union, a labor organization affiliated with the Congress of Industrial Organizations, was certified by the Board on September 20, 1946, as the bargaining representative of employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION On September 20, 1946, followng a Board-directed election 2 the Board certified the Union, which already represented the production and maintenance employees, as the bargaining representative for the timekeeping employees involved herein. Although the Employer and the Union thereafter entered into bargaining negotiations, it appears that, as of the time of the hearing herein, no contract had been exe- cuted, and the parties had agreed only on recognition and wage classification clauses. On September 9, 1947, the Petitioners filed their petition herein for decertification of the Union. As more than a year has elapsed since the certification, and as no complete agreement has been executed, it is clear that, under well-established principles of 2 Matter of Federal Shipbuilding & Drydock Company, 69 N. L. R. B. 1130. 'FEDERAL SHIPBUILDING AND DRYDOCK COMPANY 415 the Board, there is no obstacle to a present determination of represent- atives. We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) of Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioners request that a "decertification" election be held among employees in the unit which the Board previously found appro- priate upon the request of the Union,' namely : All employees of the Federal Shipbuilding & Drydock Com- pany, Kearny, New Jersey, in the yard timekeeping section of the time and tabulation department, including timekeepers, weld counters, weld wire clerks, piecework checkers, yard timekeeping office force, main gate clerks and clock house clerks, but excluding berth inspectors, restaurant clerks, clerk-typists, leading men, chief clerks, and chief yard timekeepers, and all supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action. While the Employer agrees to the appropriateness of that unit, the Union now contends that it is inappropriate. It urges that these em- ployees should be included in the production and maintenance unit, on the ground that the employees have dwindled in, number from 58 at the time of the 1946 certification to 23 at present,4 and also that the Em- ployer and the Union have bargained for these employees as part of the production and maintenance unit. We find no merit in these contentions. Although the number of these employees may have decreased, their duties have not changed in any way. With respect to the second contention, the evidence reveals that, while such over-all bargaining did occur over the objection of the timekeepers and contrary to the certification issued by the Board, no valid agreement including these employees in the production and maintenance unit was ever executed by the parties. We therefore find that all employees of Federal Shipbuilding and Drydock Company, Kearny, New Jersey, in the yard timekeeping sec- tion of the time and tabulation department, including timekeepers, weld counters, weld wire clerks, piece work checkers, yard timekeeping office force, main gate clerks, and clock house clerks, but excluding berth inspectors, restaurant clerks, clerk-typists, leading men, chief 8 See footnote 2, supra 4 There are presently about 4,000 employees in the production and maintenance unit 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD clerks, chief yard timekeepers , and all guards , professional employees, and supervisors as defined in the amended Act, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES At the hearing and in their brief, the Petitioners requested that the election be postponed until a strike involving the production and maintenance employees is over, and the timekeepers return to work. As we are administratively advised that the strike was settled in November 1947, we shall take no action on the request. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitation and additions set forth in the Direction. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Federal Shipbuilding and Dry- dock Company, Kearny, 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 direction and supervision of the Regional Director for the Second Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regu- lations-Series 5, 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, 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 election, and also exclud- ing any employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by Industrial Union of Marine and Shipbuilding Workers of America, Local 16, C. I. O., for the purposes of collective bargaining.