Hudson Engineering Co.

In the Matter of HUDSON ENGINEERING COMPANY and METAL TRADES DEPARTMENT, A. F. of L. Case No. PR-5697.-Decided January 7, 1946 Mr. John J. Boylan, of Jersey City, N. J., and Mr. James F. McMul- len, of Hoboken, N. J., for the Company. Messrs. Stephen M. Estey, Robert A. Reber, and Charles A. Holmes, of New York City; and Mr. Fran1] A. Stauch, of Jersey City, N. J., for the M. T. D. Mr. Joseph F. Woglam, of New York City, for the I. L. A. Mr. Samuel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Metal Trades Department, A. F. of L., herein called the M. T. D., alleging that a question affecting commerce had arisen concerning the representation of employees of Hudson Engineering Company, Hoboken, New Jersey, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Louis Plost, Trial Examiner. The hearing was held at New York City, on September 28, 1945. The Company, the M. T. D., and International Longshoremen's Associa- tion, Local 1474, General Maintenance Work, A. F. of L., herein called the I. L. A., 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 Exam- iner'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 OP TIIE COMPANY Hudson Engineering Company is a New Jersey corporation with its principal place of business in Hoboken, New Jersey, where it is 65 N. L. R. B., No. 49. 238 HUDSON ENGINEERING COMPANY 239 engaged in ship repair work and general marine engineering. During the year 1944,. the Company purchased raw materials valued in excess of $10,000, of which 50 percent was shipped from points outside the State of New Jersey. During the same period, the Company com- pleted products valued in excess of $20,000, of which 50 percent was shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Metal Trades Department is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Company. International Longshoremen's Association, Local 1474, General Maintenance Work, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the M. T. [).as the exclusive bargaining representative of certain of its employees. The Company refused this request on the ground that it was operating under a contract with the I. L. A. Contractual relations have existed between the Company and the I. L. A. since August 8, 1942. The last contract between these parties was executed by them on October 1, 1943, to continue in operation until October 31, 1945. Although the Company and the I. L. A. contend, in effect, that the contract is a bar to this proceeding, it is obvious that it is not, for it has already terminated. A statement of a Board agent, introduced into evidence at the hearing, indicates that the M. T. D. 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 Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accordance with a stipulation of the parties, that all production and maintenance employees engaged at the Com- pany's 1114 Clinton Street plant, Hoboken, New Jersey, excluding ' The Field Examiner ieporterl that the ?yI T D submitted 85 authorization cards, and that there are apl.Ioxim.itely 100 employees in the ae+pio a irti unit TI', k--eiatiou relics upon its iecentiv expued contract to establish its interest iii this pioceeding 679100-46-vol 65-17 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chauffeurs, clerical employees, foremen, and all other supervisory employees with authority to hire, promote, discharge,, discipline, or otherwise effect changes in the status of employees, or effectively recom- mend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. Y. TIIE DETERA NATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election 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 Rela- tions 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 representa- tives for the purposes of collective bargaining with Hudson Engineer- ing Company, Hoboken, 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, 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 Regulations, among employ- ees 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 theniselves 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 election, to deter- mine whether they desire to be represented by Metal Trades Depart- ment, A. F. of L., or by International Longshoremen's Association, Local 1474, General Maintenance Work, A. F. of L., for the purposes of collective bargaining, or by neither. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.