Pacific Coast Shipbuilders and Ship Repairers

196 DECISIONS OF NATIONAL ,LABOR RELATIONS BOARD PACIFIC COAST SHIPBUILDERS AND SHIP REPAIRERS 1 and INTERNA- TIONAL ASSOCIATION OF MACHINISTS, AFL ANDERSON & CHRISTOFANI 2 and SHIPWRIGHTS , JOINERS, BOATBUILDERS & MARINE MILLMEN, STAGE RIGGERS, LOCAL No. 1149, ET AL. MARTINOLICH SHIP REPAIR C0311PANY and UNITED STEELWORKERS OF AMERICA LOCAL No. 1304, CIO. Cases Nos. 20-RC-1275, 20-RC- 1327, and 20-RC-1354. February 20,1952 Decision and Direction of Elections Upon separate petitions duly filed under Section 9 (c) of the Na- t ional Labor Relations Act, consolidated hearings were held before Benjamin B. Law, hearing officer. The hearing officer's rulings made at the hearings are free from prejudicial error and are hereby affirmed. The Employers' 3 request for oral argument and leave to file a reply brief is denied, inasmuch as the record and the briefs, in our opinion, adequately present the issues and the positions of the parties. Upon the entire record in these cases, the Board finds : 1. The Employers are engaged in commerce within the meaning of the National Labor Relations Act .4 2. The following labor organizations claim to represent employees of certain of the Employers : International Association of Machinists, AFL, herein referred to as IAM; San Francisco Bay Area Locals Nos. 1149 and 3116; Stockton Local No. 266; Portland.-Local No. 1020; Tacoma Locals Nos. 470 and 1136; ; Bellingham Local No. 2071; Everett Local No. 562; Seattle Locals Nos. 1272 and 1184, of the United Brotherhood of Carpenters and Joiners of America, AFL, herein collectively referred to as Carpenters; 6 and United Steel- ' There are 54 L'niployei s named in the petition as amended in Case No 20-RC-1275. See Appendix A (1) and (2) The names of 3 Employers were deleted from the petition became they (1o not employ naaelunasts or operate primarily an "uptown " machine shop. See Appendix A (2) (h) and (c) 2Theie are R9 Emploveis named in the petition as amended in Case No 20-RC-1327 See Appendix B (1) and (2) The names of 6 Employers were deleted from the petition lieuause they no longea engage in marine repair or construction, do not employ carpenters, of opaaate primarily an "uptown " machine shop See Appendix B (2) and (c). See tootnote 16 foi a description of the Emplojers included within the units As ne hereinafter find a inultiemployer unit appropriate , and as the totality of the upetation of the Employers involved warrants our asserting jurisdiction , we need not determine whether or not we would assert jurisdiction over each Employer individually. 4 a ondale Dairy Go , et at, 92 NLRB 89. 6 At the hearing , Local No 1136 moved to be added to the list of Petitioners in Case No. 20-RC-1327 Because Local No. 1136 was not then in compliance , the hearing officer reserved ruling for the Boaad As we are administratively advised that Local No. 1136 has met the filing requirements of the Act, the motion is hereby granted 1 The names of the Carpenters' Locals appear as amended at the hearinc. 98 NLRB No. 35. PACIFIC COAST SHIPBUILDERS AND SHIP REPAIRERS 197 workers of America, Local 1304, CIO, herein referred to as CIO.' 3. Questions affecting commerce exist concerning the representa- tion of employees of the Employers, within the-meaning of Section,9 (c) (1) and Section 2 (6) and (7) of the Act.' 4. The appropriate units : The IAM contends that all inside and outside machinists, tool and die makers, machinist helpers and apprentices employed by Em- ployers party to the coast-wide multiemployer agreements constitute an appropriate unit .9 The Carpenters claims that all shipwrights, joiners, boatbuilders, marine millmen , wood caulkers, their helpers and apprentices , stage riggers, marine waysmen, dockmen ( San Fran- cisco), dock riggers ( Seattle), and scalers ( assigned full time to dock work) employed by Employers party to the coast-wide multiemployer agreements constitute an appropriate unit.19 The Employers oppose the requested units on the grounds that the integrated character of shipyard operations,;; the asserted lack of craft characteristics of the classifications sought, and the history of bargaining on an over-all unit basis preclude craft severance. In Case No. 20-RC-135'4, the Employer and the CIO, over the opposition of the IAM, favor a unit of machinists confined to the employees of the Employer involved in that case. 7 The Intervenors are Shipyard and Mai inc Shop Laborers Union, Local 886 ; Interna- tional Hod Carriers, Building and Common Laborers Union of America, herein referred to as Laborers, International Brotherhood of Boilermakers , Iron Shipbuilders and Helpers of America, and its affiliated Local Unions Nos 104, 541, 568, 72. 6, 9, 39, 681 , 513, 749, and 92 herein feferied to as Boilermakers ; and Shipscalers Union Local No 589 The Inter- venors did not advance unit claims but confined themselves to clailfymig the unit requests of the IAM and Carpenters Wood Caulkers Local No 554, United Brotherhood of Carpenters and Joiners of America, AFL, also intervened but later in the hearing i equested that its inteivention be withdrawn. The request is her eby granted 8 The TAM and the Cal penters would include in the unit all machinists and carpenters employed at Albina Engine and Machine Works, Incorporated , Gunderson Brothers Engi- heering Corporation , Northwest Marine Iron W orks , and willamctte-lron and Steel Com- pany, all -located in the Portland, Oregon, area These Employers would exclude the machinists and cai'penteis engaged in noumarine work and alle,e a contract bar as to nonniarme machinists The operations of these Employers include general machine of "uptown" work as well as niaiine repair and construction It appears that certain machinists employed by the Employeis are occupied all or most of their time on marine tasks, while the carpenters are so occupied most of their time The machinists employed on "uptown " work are covered by shop work agreements between these Employers and the Portland Metal Trades Council expiring in April 1952 while the machinists and the carpenters on marine work are under the ship repair and construction master agreements. Under these circumstances , we find the current agreements a bar to these proceedings as to nonmarine machinists at these shipyards with respect to the carpenters and machinists of these Employers working all or most of their time on marine tasks, however, questions concerning representation exist which we shall determine hereinafter 8 As indicated at the hearing, the IAM does not seek the inclusion of machinist riggers or cranemen : also , there are no tool and die makers in the employ of the Employers. The IAM does not claim the machinists under contracts held by the CIO at San Francisco East Bay shipyards - 10 The Carpenters' unit request appears as amended at the heating Several alternative positions were presented by the Carpenters of which the minimum embiaces shipwrights, joiners, and boatbuilders 1i The Laborers also opposes the units requested for this reason 998660-i ol. 98-53--14 198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Scope of the Unit In Bryant's Marina, Inc.,12 the Board dismissed the petitiolis filed by the IAM and the Carpenters for single-employer craft units in the Seattle area because the units sought were not coextensive in scope with the established coast-wide multiemployer unit. Accordingly, in the instant proceedings, the IAM and the Carpenters have sought to include in the multiemployer unit all shipyards on the Pacific Coast 13 signatory to the master ship repair or new construction agreements. Events since the May 1950 hearing in Bryant's Marina afford no basis for disturbing the Board's earlier unit determination. The IAM and the Carpenters did not participate in the 1950 or 1951 joint bargaining conferences or sign the 1950 master agreements,14 but persisted in virtually unsuccessful attempts to obtain individual agreements from single shipyards party to the master agreements. In view of the absence of factors which would compel recognition of single employer bargaining as to one or which would compel recognition of single-employer bargaining as to one or more Em- ployers,15 the Board reaffirms its previous finding that the employees involved herein except for those in Case No. 20-RC-1354 are most appropriately represented on the established coast-wide multiem- ployer unit basis 16 - Case No. 20-RC-1354 The IAM contends that Martinolich Ship Repair Company is part of the existing coast-wide multiemployer unit; the CIO and Martino- lich argue that as a shipyard now on the east side of San Francisco Bay, Martinolich falls within the prevalent area pattern of single- 11 92 NLRB 718; Resnell Boat Works, 93 NLRB 16. In the Bryant's Marina case the history of bargaining was on a coast -wide multiemployer basis as set forth. 13 Shipyards in the Los Angeles and San Diego areas are not covered by the master agreements. 14 In 1951 , the formerly separate ship repair and new construction agreements were consolidated into one agreement which had not been signed by the parties as of the time of the hearing herein. 11 CL, e. g. Weber Showcase f Fixture Co., Inc., 96 NLRB 358. 16 In Case No. 20-RC-1275 , the scope of the multiemployer unit embraces 48 Employers listed in Appendix A (1) excluding Martinolich Ship Repair Company, considered sepa- rately hereinafter . Two Employers listed in Appendix A (2) (a) were deleted from the petition at the hearing because they have not signed the master agreements . In Case No. 20-RC-1327, the unit encompasses 58 Employers listed in Appendix B (1). Sixteen Employers listed in Appendix (B) (2) were deleted from the petition at the hearing because they have not signed the master agreements. Both units together involve a total of 64 sepal ate Employers , of which number 59 were represented at the 1950 or 1951 coast-wide bargaining conferences and executed the master agreements resulting therefrom . Five of the Employers-Bellingham Ship- yards Co, Adolph Cummings, d/b/a Cummings Boat Co., Duwamish Shipyard, Inc., Kasulin-Cole Shipbuilding Corp., Inc., Triple A Machine Shop, Inc.,-were not represented at the 1950 or 1951 joint conferences but executed the 1950 master agreement. Neither the Unions nor these Employers object to inclusion in the.multlemployer units. We shall therefore include them. PACIFIC COAST SHIPBUILDERS AND SHIP REPAIRERS 199 employer machinist units. In 194617 Martinolich withdrew from the association which had represented it at the coast-wide bargaining conferences, but signed the 1947, 1949, and 1950 ship repair master agreements. Until January 1951, when Martinolich commenced moving its operations from the San Francisco side to the East Bay, its machinists were obtained from the IAM.18 In April 1951, when the move to the East Bay was completed, the CIO filed a representa- tion petition followed by an agreement with Martinolich for a consent election.1e The Board has recognized the distinctive bargaining history of East Bay shipyards by permitting a single-employer machinists unit as an exception to the prevailing shipyard bargaining pattern on a multiemployer over-all unit basis. Thus in United Engineering Company 20 the Board found appropriate a unit confined to machin- ists at the East Bay shipyard of the employer party to the master agreements, stating "we will not disturb the bargaining pattern that has functioned successfully for at least 10 years and which has pro- duced harmonious labor relations." Now, as then, the Board believes that the established bargaining pattern of single-employer units as to machinists in East Bay shipyards should not be altered. Accord- ingly, we find that the unit hereinafter found appropriate in Case No. 20-RC-1354 21 includes those employees who work out of the Employer's Oakland, California, shipyard .22 Composition of the Unit As indicated above, the IAM seeks a unit of machinists, their helpers and apprentices, while the Carpenters seeks a unit of shipwrights, joiners, boatbuilders, and millmen, their helpers and apprentices, together with certain allegedly related classifications. The total num- ber of production and maintenance employees in the employ of the various shipyards at the time of the hearing 23 was in excess of 7,000, 17In Martiriolrocli Shipbuilding Go., 73 NLRB 1304, decided in 19413, the Board rejected the CIO's claim to a single-employer unit as to machinists and found that the history of bargaining in the San Francisco area established that Martinolich , then on the San Francisco side of the bay, was part of the multiemployer unit under the master agreements. 18 Only 2 of the Employer's 13 machinists transferred to the East Bay location. 10 On appeal by the IAM, the Board on May 25 reversed the Regional Director's ruling severing Case No. 20-RC-1354 from Case No. 20-RC-1275 and consolidated Case No. 20-RC-1354 with the instant proceedings , thereby staying the consent election. 2073 NLRB 1310 (1947 ). See also Graham Ship Repair Co., 63 NLRB 842; Moore Dry Dock Company, 81 NLRB 1108. 21 As the issues involved as to Martinolich were fully litigated in these proceedings, we shall dispose of these issues . Accordingly, the motions of Martinolich and the CIO to sever Case No. 20-RC-1354 from these proceedings are hereby denied 21 As to the Martinolich employees sought by the Carpenters , however, we find that they are appropriately represented on the established coast-wide, multiemployer unit basis consistent with the East Bayr'pattei n of baigaining tinder the master agreements., "A number of the Employers contemplated a substantial increase in employment result- ing from defense contracts 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with 800 to 1,000 employees in the unit claimed by the Carpenters and an approximately equal number in the unit claimed by the I AM. More than 40 percent of the employees in the machinist and carpenter classifications are found in 8 large sliil)yards. The large shipyards convert and repair vessels of all types, utilizing piers, clrydocks, cranes, marine ways, and various shops including mill, joiner, and machine shops. Some yards have no drydocking facilities but specialize in dockside repairs such as voyage repairs and annual inspection. The smaller yards with limited facilities specialize in the construction and repair of fishing vessels, pleasure craft, steel and wooden barges; tow boats, and wooden hulls. Several yards, carry on nonmarine or "uptown"' inachiue work either at the same or separate locations. A number of administrative and supervisory levels exist in the Dirge yards with a general superintendent ill charge of production under whom are assistant superintendents for machinery, steel construction, and carpentry. The shipyard trades, including machinists and carpen- ters, are supervised by their own foremen, who in turn report to their respective assistant superintendents. When assigned to work in groups or gangs of six or more employees of the same trade, a separate leadmah ]leads each trade group subject to the supervision of a quarter- man where several groups are involved on the same operation. When work assignments require a mixed complement of trades in the same gang, the leadnian'is drawn from the classification.which predominates on the job. Supervision over the classifications included in the mixed trade group remains with the foreman of each of the respective trades though routine instructions as to the nature of the work involved may be given by the foreman or leadman of the dominant trade. Coordi- nate supervision is exercised by a ship superintendent who maintains progress in accordance with job specifications on the assignments of the different groups simultaneously at work. , In the small yards a single superintendent or the owner himself is commonly in immediate charge of ship work with separate foremen and leadmen over the different trades as the level of production and employment dictates. Machinists repair and install ship engines and moving equipment, fabricate. and install metal parts such as shafts, stuffing boxes, and rudders made in the machine shop. The usual machine shop equip- ment includes lathes, shapers, milling machines, boring mill, and drill presses. In most yards, machinists work both on ship and in the shop ; in a few establishments a separate group of inside machinists work exclusively in the shop. Inside machinists in some instances are divided into those who do precision work with machine tools and those who specialize in dismantling motors and valves. Occasionally, for the convenience of shop operations, carpenters, welders, or boiler- PACIFIC COAST SHIPBUILDERS AND SHIP REPAIRERS 201 makers perform tasks in the machine shop, and machinists utilize the facilities of the carpenter or. boilermaker shops. Carpenters'' are classified as shipwrights who do wood decking, framing and flooring, and building launching ways; as joiners, who construct and,repair furniture and fabricate and install wood and com- position bulkheads; as millmen, who work in' the carpenter shop using such machinery as planers, band saws, and shapers to fabricate wooden parts for later installation; and as boatbuilders who construct and repair wooden boat hulls and deck houses and who possess over-all carpenter skills. Carpenters use such tools as hamiuers, saws, chisels, drills, top haul, adz, dividers, and planes. In most yards, machinists and carpenters spend more than 75 percent of their working time out- side the shops. The master agreements provide that an apprentice training program to supply skilled "craftsmen" may be established by mutual agreement between Employers and,,Xnions. Apprenticeship agreements com- plying with State apprenticeship standards and embodying 3- to 4- year periods of job training and instruction exist with respect to ma- chinists and carpenters at certain San Francisco, Portland, and Puget Sound shipyards. At the time of the hearing, few apprentices were actually undergoing training under the apprenticeship programs. Typical Shipyard Operations Involving Machinists and Carpenters The principal work in the removal and repair of propeller shafts is that of machinists working under a machinist leadinan. While the staging for the job is being built by stage riggers, boilermaker rig- gers,25 or shipwrights, as the case may be, machinists remove the rope guard about the propeller with the assistance of a burner. Meanwhile pipefitters and electricians remove lines and cable in the way of the shafts. Machinists then remove the coupling bolts between the tail and intermediate shafts and loosen the propeller from the tail shaft. With the aid of machinists, riggers draw the shafts into the shaft alley where an electrician and a burner examine the shaft by an elec- trical process. If bearings are replaced, shipwrights remove the lignum vitae or hardwood andtake measurements for replacement of blocks made in the shop. The actual fitting of wooden bearings in the stern tube is performed by shipwrights and finished to precision by machinists. In the annual inspection of lifeboats and davits involving approxi- mately 22 lifeboats to each ship, different trade groups work on the °_A Job nomenclature vanes from yard to yard . In some . for example, shipwrights, lon- ers. boatbuilders , and nhaiine millmen are called carpenters. 25 The boilermaker nigger is furnished by the Boilermakers Union as distinguished from the stage rigger furnished by the Caipenters. finless otherwise specified , the term "rigger" n, u,ed herein applies to boilermaker rigger. 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD same boats at the same time under separate leadmen but with each trade adhering to specific work lines. Thus sheet metal workers remove the air tanks, riggers remove the gear (in some yards ship- wrights remove the metal tanks and gear), machinists open the en- gines on motor-driven boats, and shipwrights remove and replace wooden parts. In restoring laid-up vessels, plywood crews' quarters are converted to fireproof materials. This operation may involve 40 rooms to be completed in 15 days during which all groups work together under separate leadmen with the coordinate supervision of a ship superin- tendent. Pipefitters remove plumbing fixtures and place them in re- ceptacles, and riggers and cranemen move them to the dock. Simi- larly electricians remove fixtures, joiners detach built-in furniture from the bulkheads, and laborers' or joiners remove loose furniture. The bulkheads are then dismantled by laborers or by joiners if the panels of the bulkheads are to be saved. Boilermakers then scale the corroded steel structure and painters prime and paint all bare spots. Electricians examine cable and a boilermaker's chipper chips off the clips which hold the cable to the deck. Pipefitters rough in piping to the new locations assisted by a combination burner and welder. The edges of the hole in the deck caused by the removal of pipe are beveled by a chipper; a shipfitter makes a small insert plate to fit the hole; and the welder "welds up" the insert. Meanwhile joiners fit the grounds to the new bulkheads, ceilings, and linings. A burner, work- ing with the joiners, cuts the sheet metal to desired lengths or, if a burner is not immediately available, joiners use hack saws to cut the metal. After cutting holes for fixtures and plumbing as indicated by elec- trician and pipefitter, joiners install the marinite bulkhead panels (in some yards sheet metal workers install metal-faced paneling). Ceil- ings are erected and screwed to the frame by joiners; metal doors are slung up on the ship by riggers and hung by joiners (in some yards sheet metal workers install metal doors). Portable furniture is car- ried to the rooms by laborers or joiners' helpers or sometimes joiners. Building a wooden tuna clipper is a typical small vessel construc- tion job which involves 35 to 50 men for 8 to 10 months. During the first 2 months the work is principally on the hull, and requires from 12 to 50 shipwrights at various stages with no other trades appearing except for occasional inspection of work progress. At this time boilermakers and machinists are fabricating parts in the shops for later installation. In the mold loft loftsmen and shipwrights work- ing from plans make templates on most items of construction. Mean- while the major timbers are hauled to the yard and hoisted onto the ways by the crane operator. Shipwrights construct the keel blocks PACIFIC COAST SHIPBUILDERS AND SHIP -REPAIRERS 203 on which the clipper is built and cut the timbers into frames, keels, engine bed, and other sections, each unit being placed in position with the help of rigger and crane operator. Shipwrights build a ramp toward the bow to receive the engine in- stalled on the engine bed with the aid of boilermakers, rigger, and crane operator. When work on lining the side of the vessel has pro- gressed, the crane operator starts loading steel for the boilermakers who construct tanks on board ship. Concurrently, shipwrights fit beams and put down hatch coamings, pipefitters lay pipe, and boiler- makers weld lead sleeves installed by shipwrights and pipefitters. Then the pumps, compressors, and auxiliary engines are placed in the ship by the crane operator and rigger and bolted and connected by machinists and pipefitters. In installing the tail shaft, shipwrights bore a temporary hole in the shaft log and machinists follow up with a boring bar to finish the hole to the correct dimensions. The shipwrights then place the stern bearing and stuffing box while the machinists check for proper align- ment. The tail shaft made in the machine shop is brought by the rigger and crane operator.and maneuvered through, the log shaft hole to position as checked by machinists. The propeller is fitted and se- cured by machinists who line up the intermediate shaft and bearing with the aid of shims made by shipwrights (wood) or boilermakers. (metal). If the engine shims are mounted on a steel base, machinists, bore holes for hanger bolts; if on a wooden-base, shipwrights bore the holes. The deck house is built by shipwrights and welders; crews' quarters, wheel house, and chartroom are constructed principally, by ship- wrights. Fishing racks are, installed by shipwrights and boilermakers,. and cargo handling gear is lined up by machinists with the aid of shipwrights who bore holes through the deck to the operating station for the chain drive and fasten the winch as the machinists direct.. Machinists install the steering mechanism made in•the:machine shop they are assisted by shipwrights, pipefitters, and electricians. Simi- larly in installing the engine controls, the machinist foreman requests, of the carpenter foreman that a 'shipwright be assigned to the ma-- chinists to hang brackets or cut holes to receive shafts and sprockets. as the work proceeds. The machinists hold the shaft sections until- the shipwrights bore the holes and enter the lags. The Employers oppose craft severance on the ground that their operations involve too great a degree of integration, overlapping, and interchange of work functions of the employees in the requested units.- It is true that most shipyard work entails the combined efforts of em- ployees in two or more job categories, and that machinists and cm r- 204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - penters at times engage in functions interchangeable with those of other trades. We do not agree, however, that the degree of integra- tion is so great that the employees sought have become an integral part of an assembly line type of operation. Rather, the record estab- lishes that in the process of working together, the machinists and car- penters-adhere-to well-defined craft lines. Their observance of dis- tinct and functionally coherent job duties is intruded upon only in special situations caused for the most part by local custom, borderline jurisdictional claims, or the exigencies of job completion. The fact that employees in the proposed units perform some duties which are not within the recognized limits of their crafts does not destroy their identity as separate craft groups where, as here, the substantial ma- jority of their duties are within such limits:'', And although other shipyard employees commonly Work with machinists and carpenters, there is no transfer between the various groups of employees except in certain small yards.27 We are convinced, therefore, that the machinists and carpenters are engaged in performing duties traditionally associated with their -crafts and that, although their skills may be used in the production of the end product, they remain separate groups of craft employees, whose work is neither repetitive nor synchronized with assembly-line -operations.28 As to the Employers' further contention that craft :severance is precluded by a 10-year history of bargaining on an over-all basis, the Board has often held under the amended Act that this factor does not render craft units iii appropriate.29 In any event, no other labor organization seeks to represent the employees sought by the JAM and the Carpenters in an over-all unit.30 Accordingly, we find that the machinists and carpenters employed by the Em- 26 Detroit Branch Reliance Steel Division, Detroit Steel, Corporation , 90 NLRB No 62. 27 In these yards, clue to specialized operation and small work force, the employees per- jorm _ a number of functions reserved for separate trades in yards with greater facilities and work tortes Also, in some smaller yards , in the interest of provid i ng cork for exist- ing personnel , machinists or carpenters ate assigned to duties outside their normal prov- inces We regard these exceptional situations as without significant effect on the composition of the multiemplover unit considered as a whole 28The Plumbing Contractors' Association of Baltimore, Maryland . Inc, et al , 93 NLRB 1081 . Ford dlotoi ,Co, An craft Engine Dtr,ision, 96 NLRB 1075 Hudson Pulp & Pope) Corporation ,= 94 NLRB 1018 . The Boyrcl has found both craft and production and nuuuteuanec emits appropriate in the ship repair industry . Charleston .Shipyards , Inc, 97 NLRB 379, Todd Shipaards Corporation, 80 ,N LRB 382 10 The I'lumlu ng Contractors Association of Baltimore, Maryland, Inc;, et al, supra -Contrary to the Eniplo } ers' contention , we find no basis for as,uming that a multiplicity -of bargaining agents will disrupt the bargaining process In any event , this contention provides no basis for denying craft serer rse . Calumet and Hecla Consolidated Copper Company, 86 NLRB 126 also, we find no merit in the Ernplo i crs' argument that the units claimed are multicraft and therefore inappropriate Cf Hudson Pulp & Paper Corp , supra `The Employers' motions to dismiss because of the alleged inappropriateness of the units sought are therefore denied. PACIFIC COAST SHIPBUILDERS AND SHIP REPAIRERS 2O5 ployers involved herein appropriately constitute separate craft units.8' There remains for consideration the unit placement of certain dis- puted job categories. Wood caulkers caulk seams on wooden vessels, including wooden decking on steel vessels. Employees in this ancient classification are among the highest paid of shipyard trades and require an extensive period of apprenticeship to qualify as journeymen. They work under' their own supervision independently of any department or divist©n- of the yard; in the large yards, however, they are included in the carpenter department for administrative purposes. On occasion,. shipwrights and boatbuilders perform a limited amount of caulking. Although employed on an "as required" basis in most yards, the same caulkers service all shipyards within an area. In our view, wood- caulkers are a highly skilled craft allied by duties, skills, and tradition to the carpenters. We shall therefore include the wood caulkers in the carpenters' unrt.i2 Stage riggers are responsible for the fabrication, erection, and le-- nloval of wooden scaffolding, ladders, gangways, horses, and stools used by the other shipyard trades. Stage riggers as such are em- ployed only in the large San Francisco Bay yards. In other areas, the work is divided principally among boatbuilders and shipwrights, who construct the complicated' staging; riggers who, together with shipwrights, assemble and place the hanging staging; and other ship- yard trades, who arrange simple staging as needed. Stage riggers. are included in the carpenter department, work under their own lead- men, and are supervised by their own foremen or by the carpenter foremen. Stage riggers use carpenters' hammers, saws, brace and bit,. and rule, as well as crescent and speed socket wrenches. To qualify as a stage rigger requires more than a year's experience. Staging must-'coh'for'm to safety requirements as enforced by the yard's safety director and the State authorities. Stage riggers receive the' same- minimum rate of pay under the master agreements as the journeymen 31 Bethlehem Pacific Coast Steel Corporation . Shipbuilding lhoision. San Francisco Yard,. 93 NLRB 588 . Todd Shipyaid Corporation , 94 NLRB 77 4 , Chris-Craft Corporation, 94 NLRB 567 The Carpenters seeks to include in their unit the three millmen employed at Colberg Boat works, which this Employer opposes on grounds of contract bar and the nonniarine character of the nulimen ' s work. At the time of the hearing , this Employer's millmen were covered by a separate agreement with Carpenters Local No 266 . The record does not show , however, whether the agreement is currently in effect. In any event , as the- mwllmen spend 85 percent of their time on nonmarine or "uptown " work and the collective bargaining practice is to exclude them from the coverage of the master agreements, we shall exclude these millmen, The TAM would include in the unit but the Ennplo } er would exclude machinists employed at th'e*Oakland ` machine shopmf H3'et and'"Striick Engineering Company This` Employers is engaged in marine repair of oceangoing vessel, at its San Francisco shop and Oakland dick-xspgce, In addition, it Qpe57rdt^s 'aaibndiarine - machine shop in -Oakland employln ,, three machinists who work exclusively in the shop As the machinists in question perform: nonmarine functions, we shall exclude them 10 Harbor Boat Building Company, 1 NLRB 349. 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shipwrights. In view of their interchangeability with the carpenters, and the close similarity of their skills and functions, we are of the opinion that the stage riggers possess a community of interest with the carpenters sufficient to warrant their inclusion in the carpenters' unit. llockmen and marine waysmen (San Francisco area), dock riggers (Seattle area), and scalers (on full-time dock work) 33 are employed in maintaining and operating floating drydocks and marine railways, including docking and undocking vessels, clearing debris, cleaning and painting vessels on the ways, and "splitting out" blocks in the way of damage to be repaired.- In some of the large yards which have a regular drydock crew, a separate department exists under a dock master. In other yards where drydock facilities exist, the employees are drawn as required from the rigger, laborer, and scaler classifica- tions. In emergency docking and in yards utilizing only marine rail- ways, all trades are called upon to provide "muscle lift." Shipwrights rather than dockmen perform the more involved block-splitting and wedge-driving functions associated with drydocking while skilled drydock maintenance work is assigned to machinists, pipefitters, and engineers. In general, the duties connected with the operation of drydocks and marine railways require little previous experience or training. We believe therefore that the dockmen, marine waysmen, dock riggers, and scalers, as sought'herein, constitute unskilled job categories essentially unrelated in interests or functions to the skilled carpenter group. Accordingly, we shall exclude these classifications from the unit. Foremen, assistant foremen, and quartermen have authority to hire and discharge, or effectively recommend hire and discharge, of em- ployees under them. Leadmen merely routinely direct the employees in their groups. We shall therefore in agreement with the parties exclude, as supervisors, machinist, carpenter, wood caulker, and stage .rigger foremen, assistant foremen, and quartermen, and include lead- men in the units. In view of the foregoing, and upon the entire record, we find that the following groups of employees of the Employers constitute units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: 1. All inside and outside machinists, machinist helpers 34 and ap- 93 The Scalers and Boilermakers oppose the inclusion of scalers and dock riggers. 84 In accordance with established Board , policy , those employees , whether termed helpers or scalers , who regularly spend a majority of their time assisting the machinists , and those employees who similarly assist the shipwrights, joiners, and boatbuilders , are included in the units. However, employees who aid the various shipyard classifications as required, or who spend a majority of their time in general labor duties , are excluded from the -units. Cf Shell Chemical Corporation , 81 NLRB 965. The assistant machine shop superintendent at West Winds , Incorporated , who exercises supervisory functions only spasmodically, is included as an employee In the machinist unit -finding above. PACIFIC COAST SHIPBUILDERS AND SHIP REPAIRERS 207 prentices at the shipyards of the Employers listed in Appendix A (1), including machinist leadmen, but excluding all machinists at Mar- tin;mlich Ship Repair Company, the Oakland iionm"arine machine shop of Hyet and Struck Engineering Company, the nonmarine machinists at Albina Engine and Machine Works, Incorporated, Gunderson Brothers Engineering Company, Northwest Marine Iron Works, and Guy F. Atkinson Company, d/b/a Willamette Iron and Steel Com- pany, and all other employees, guards, watchmen, professional em- ployees, office and clerical employees, quartermen, assistant foremen, foremen, ship superintendents, and all other supervisors as defined in the Act. 2. All carpenters, shipwrights, joiners, boatbuilders, marine mill- men, and wood caulkers, their helpers and apprentices, at the ship- yards of the Employers listed in Appendix B (1), including stage riggers, but excluding the millmen employed' at Colberg Boat Works, nonmarine carpenters at Albina Engine and Machine Works, Incor- porated, Gunderson Brothers Engineering Corporation, North- west Marine Iron Works, and Guy F. Atkinson, d/b/a Willamette Iron and Steel Company, dockmen, dock riggers, marine waysmen, scalers, and all other employees, guards, watchmen, professional em- ployees, office and clerical employees, quartermen, assistant foremen, foremen, ship superintendents, and all other supervisors as defined in the Act.3' 3. All machinists, specialists; and machinists' helpers at the Oak- land, California, shipyard of Martinolich Ship Repair Company, including machinist leadmen, but excluding all other employees, guards, foremen, and all other supervisors as defined in the Act 36 [Text of Direction of Elections omitted from publication in this volume. ] [MEMBER HOUSTON took no part in the consideration of the above Decision and Direction of Elections.]- Appendix A Case No. 20-RC-1275 (1) The following Employers were named in the amended petition or added to the petition as amended at the hearing : The Carpenteis would include while the Employers would exclude loftsmen. The Boilermakers opposes the inclusion of loftsmen who do lofting on steel vessels. It appears that the work of loftsmen on wooden vessels is performed by boatbuilders and shipwrights at most yards but that at Tacoma Boa Building Co., Inc., and Birchfield Boilers, Inc., the term loftsmen is used to describe the carpenters involved in this operation . We shall therefore include in the unit the loftsmen employed by these Employers. ae The unit finding in Case No. 20-RC-1354 is based upon a consideration of the record . as to Martinolich , which reveals similarity of shipyard operations in general and the func- tions of machinists in particular with those of other yards described herein. 208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD San Francisco, California, Bay Area Henry J. Colberg, Gordon W. Colberg, W. H. Colberg and Jack Col- berg, d/b/a Colberg Boat Works (Stockton) L. K. Siversen, d/b/a Columbia Machine Works ( Pier 20) F. L. Fulton and A. L. Fulton, d/b/a Fulton Shipyard (Antioch) Milton and Frank DeLano, d/b/a DeLano Bros. Co. Louis Struck and Ralph Leo Hyet, d/b/a Hyet and Struck Engineer- ing Company George W. Kneass Company J. H. Madden, Arthur E. Lewis and K. Basford, d/b/a Madden ^C. Lewis Martinolich Ship Repair Company Pacific Ship Repair, Inc. Sausalito Shipbuilding Company Stephens Brothers, Incorporated ( Stockton) Thomas A. Short, Geraldine S. Short and Samuel J. McKeeman,. d/b/a Thomas A. Short Co. Thomson Machine Works Co. Triple A Machine Shop, Inc. Albert H. Wagner and Clarence E. Niehaus, d/b/a Wagner & Niehaus General Machine Shop West Winds, Incorporated Albert Irby, d/b/a Western Engineering Portland, Oregon, Area Albina Engine and Machine Works, Incorporated Gunderson Brothers Engineering Corporation Northwest Marine Iron Works Guy F . Atkinson Company, d/b/a Willamette Iron and Steel Com- pany Tacoma, Washington, Area Birchfield Boiler, Inc. Kasulin-Cole Shipbuilding Corp., Inc. J. M. Martinac Shipbuilding Corporation J. S. Martinac and J. M. Martinac, d/b/a J. Al. Martinac & Son Ship- building Company Pacific Boat Building Company George Peterson and Marie Taurin, d/b/a Peterson Boat Building Company Puget' Sound Boat Building Corporation Tacoma Boat Building Co., Inc. PACIFIC COAST SHIPBUILDERS AND SHIP REPAIRERS 209 Al. A. Petrich, Hervey Petrich, Allen Petrich, Martin Petrich, Jr., James Petrich and John Petrick, d/b/a Western Boat Building Company Seattle, Washington, Area Alaska Steamship Company Bellingham Shipyards Co. Blanchard Boat Company Bryant's Marina, Inc. Duwamish Shipyard, Inc. Edward A. Black and J. J. Featherstone, d/b/a Commercial Ship Repair (Seattle, Tacoma, and Winslow) Fishing Vessel Owners Marine Ways, Inc. Foss Launch &-, Tug Company Steel Enders, Inc., d/b/a Goddard Marine Electric Company Tony Jensen, d/b/a Jensen Motor Boat Company Johnson Manufacturing Company Lake Union Drydock Company A. W. Copp, d/b/a Northwest Ship Repair Company Pacific Fishermen, Inc. Robert H. Prothero, d/b/a Prothero Boat Company Puget Sound Bridge & Dredging Company Seattle Shipbuilding & Drydocking Corp. Shain Manufacturing Company Todd Shipyards Corporation (Seattle Division) (2) The names of the following Employers were deleted from the petition because (a) they have not sighed the master agreements : Dravis Engineering Company N. C. Marine (b) they do not employ machinists: Violet Beck and William Beck, d/b/a Dahl-Beck Electric Company Howard R. Sagstad, Stanley Sagstacl and O. I). Johansen, d/b/a Sagstacl Shipyards (c) they ale primarily an uptown machine shop : Carmac Shipyards, Inc. Appendix B Case No. 20-RC-1327 (1) The following Employers were named in the amended peti- tion or added to the petition as amended at the hearing: 210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD San Francisco, California, Bay Area Walter Anderson and Alfred Cristofani, d/b/a Anderson & Cristofani Henry J. Colberg, Gordon W. Colberg, W. H. Colberg and Jack Col- berg, d/b/a Colberg Boat Works (Stockton) F. L. Fulton and A. L. Fulton, d/b/a Fulton Shipyard (Antioch) Harvey C. Godtfredsen, d/b/a Godtfredsen's Boat Shop Louis Struck and Ralph Leo Hyet, d/b/a Hyet and Struck Engineer- ing Company George W. Kneass Company Martinolich Ship Repair Company J. H. Madden, Arthur E. Lewis, and' K. Basford, d/b/a Madden & Lewis Moore Dry Dock Company Anna C. Nunes, Anthony Nunes, Ernest Nunes, Bertha Basford, d/b/a Nunes Bros. Pacific Dry Dock & Repair Co. Pacific Ship Repair, Inc. Sausalito Shipbuilding Company Stephens Brothers, Incorporated (Stockton) Lester F. Stone, d/b/a W. F. Stone & Son Albert H. Wagner and Clarence E. Niehaus, d/b/a Wagner & Niehaus. General Machine Shop Triple A Machine Shop, Inc. Todd Shipyards Corporation (San Francisco Division) Portland, Oregon, Area Albina Engine and Machine Works, Incorporated Gunderson Brothers Engineering Corporation Northwest Marine Iron Works Guy F. Atkinson Company, d/b/a Willamette Iron and Steel Company Tacoma, `MTashington, Area Birchfield Boiler, Inc. Adolph Cummings, d/b/a Cummings Boat Co. Kasulin-Cole Shipbuilding Corp., Inc. J. M. Martinac Shipbuilding Corporation J. S. Martinac and J. M. Martinac, d/b/a J. M. Martinac & Son Ship- building Company Pacific Boat Building Company George Peterson and Marie Taurin, d/b/a Peterson Boat Building Company Puget Sound Boat Building Corporation PACIFIC COAST SHIPBUILDERS AND SHIP REPAIRERS 211. Tacoma Boat Building Co., Inc. Al. A. Petrich, Hervey Petrich, Allen Petrich, Martin Petrick, Jr., James Petrich and John Petrich, d/b/a Western Boat Building Company Tacoma Boat Mart Seattle, Washington, Area Alaska Steamship Company Bellingham Shipyards Co: (Bellingham) Blanchard Boat Company Bryant's Marina, Inc. Chambers & Franck Boat Co., Inc. Edward A. Black and J. J. Featherstone, d/b/a Commercial Ship Repair (Seattle, Tacoma, and Winslow) Duwamish Shipyards, Inc. Fishing Vessel Owners Marine Ways, Inc. Foss Launch & Tug Company Grandy Boat Company Steel Enders, Inc., d/b/a Goddard Marine, Electric Company Tony Jensen, d/b/a Jensen Motor Boat Company Johnson Manufacturing Company Lake Union Drydock Company A. W. Copp, d/b/a Northwest Ship Repair Company Pacific Fishermen, Inc. Robert H. Prothero, d/b/a Prothero Boat Company. Puget Sound Tug and Barge Co. Puget Sound Bridge & Dredging Company Reinell Boat Works H. R. Sagstad and S. L. Sagstad, d/b/a Sagstad Shipyards Seattle Shipbuilding & Drydocking Corp. Finn Lepsoe and Joseph C. Glass, Jr., d/b/a Maritime Shipyards Shain Manufacturing Company Todd Shipyards Corporation (Seattle Division) (2) The names of the following Employers were deleted from the petition because (a) they have not signed the master agreements : Wm. J. Cryer & Sons Dravis Engineering Company Draper Engineering Works Harbor Tug & Barge Co. Hansen Boat Building Co. Hollywood, Boat&-Motor Co. Marine, View Boat Company and Marine View Boat Building Co. Monson Boat Co. 212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Nelson & Hanson Boat Works Pacific Boat Sales & Service Portage Bay Co. Skansie Shipbuilding Corp. Tacoma Marine Basin Tripple & Everett Marine Ways Washington Boat Center Youngquiest Boat Works (b) they are no longer engaged in marine repair or construction Glein Boat Land Pleasurecraft Boat Builders Puget Sound Marina, Inc. Black Ball Ferry Lines (operated by the State of Washington) (c) they do not employ carpenters : Violet Beck and William Beck, d/b/a Dahl-Beck Electric Company (d) they are primarily an uptown machine shop : Carmac Shipyards, Inc. PAUL W. SPEER, PAUL W. SPEER, INC. and PAUL ESPARZA INTERNATIONAL HOD CARRIERS AND COII LION LABORFRS UNION OF AMERICA, LOCAL 300, AFL and Los ANGELES BUILDING AND CON- STRUCTION TRADES COUNCIL and PAUL ESI'ARZA. Cases Nos. 2.1-Ci <4- 844 and 21-CB--276. February 21, 19-52 Decision and Order On June 13, 1951, Trial Examiner James R. Hemingway issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take such affirmative action as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the Respond- ents and the General Counsel filed exceptions to the Intermediate Report and supporting briefs. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudical error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the cases and hereby adopts the findings, conclusions, and recom- mendations of the Trial Examiner, with the following additions and modifications : 98 NLRB No. 40.