Luders Marine Construction Co.

In the Matter of LUDERS MARINE CONSTRUCTION COMPANY and INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE AMER- ICAN FEDERATION OF LABOR Case No. R-2484.-Decided May 12, 1941 Jurisdiction : shipbuilding industry. Investigation and Certification of Representatives : existence of question: stip- ulated ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees including working foremen, but excluding officers, foremen, draftsmen,. i office employees, temporary construction workers, and, other temporary em- ployees. Temporary employees excluded from the unit, notwithstanding claims of unions involved that they are part of the appropriate unit where they are doing a different type of work than that performed by the bulk of employees ; where their work is clearly temporary, in nature ; and where, other temporary employees hired since the date of the hearing are ex- pressly excluded by stipulation of the parties. Mr. Alfred E. Luders, Jr., of Stamford, Conn., for the Company. Mr. Fred Cederholm, of Bridgeport, Conn., and Mr. Albert W. Bradt, of Stamford, Conn., for the I. A. M. Mr. Gavin MacPherson, of New York City, for the Industrial Union. Mr. Herbert 'Shenkin, of counsel to the Board. DECISION AND ' DIRECTION •OF ELECTION STATEMENT OF THE CASE On December 7, 1940; International Association of Machinists, affiliated with the American Federation of Labor, herein called the I. A. M., filed with the Regional Director for the Second Region (New York City) a petition,-and on March 13, 1941, an amended peti- tion, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Luders Marine Construc- tion Company,,, Stamford,,, Connecticut, herein called the company, and requesting an"investigation and certification of representatives, pursuant to Section 9 (c) of the National Labor Relations Act, 49' 31 N. L. R. B., No. 126. 757 758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Stat. 449, herein called the Act. On March 29, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board- Rules and Regulations-Series 2, as amended, ordered an investigation, and authorized the Regional Director to -conduct it and to provide for an appropriate hearing on due notice. On April 11, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the I. A. M., and the Industrial Union of Marine and Shipbuilding Workers of America, Local 38,' affiliated with the Congress of Industrial Organi- zations, herein called the Industrial Union. a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, and an amended notice changing the place of hearing, a hearing was held on April 21, 1941, at Stamford, Connecti- cut, before Christopher W. Hoey, the Trial Examiner duly desig- nated by the 'Chief Trial Examiner. The Company, the I. A. M., and the Industrial Union appeared by their representatives and par- ticipated in the hearing. Full opportunity to be heard, to examine and-cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objec- tions to the admission of 'evidence. • The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. - Upon the entire record in the case, the Board makes the folloiviiig : FINDINGS OF FACT I. THE BUSINESS . OF THE COMPANY Luders Marine Constructiopi Company! is a,Newl York corporation with its principal office and place of business at Stamford, Con- necticut. It is engaged. in, the. operation. of, a shipyard situated in , Stamford Harbor on Long Island Sound where it completely fabri- cates ^ steel land' wooden- vessels of ',0l' descriptions up to 170' feet in leiigth. Approximately 80 per'cent'df"tlie i'a* -materials used by- the- Company in 'its business' is shipped to' the 'Company from^'points' outside,<the 'State. of Connecticut:'' During 1940 approximately 70 per cent, by dollar volume, of 'the sales: of the- Company-represented boats delivered, to points' outside', the: State' Iof- Connecticut!' : At the present time, the Company is engaged exclusively' in building'v essels for the United States Navy, -all of which are to be delivered to points outside'-the State of Connecticut:, Although the Company normally requires approximately 200 employees, it now has 385 persons on the pay, -roll. - LUDERS MARINE CONSTRUCTION COMPANY 759 H. THE ORGANIZATIONS INVOLVED Internatipnal Association of Machinists, affiliated with the Ameri- can Federation of Labor, and Industrial Union of Marine and Ship- building Workers of America, Local 38, affiliated with the Congress of Industrial Organizations, are labor organizations admitting to membership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Industrial Union, by letter dated November 27, 1940, requested the Company to bargain with it as the representative of a majority of the Company's employees. The I. A. M., addressed a similar let- ter, dated December 9, 1940, to 'the Company. The Company refused to bargain with either of the unions until the question concerning representation had been settled. All the parties stipulated at the hearing that a question concerning the representation of production and maintenance employees of the Company had arisen. Both the I. A. M. and the Industrial, Union have been designated as the bargaining representative of a substantial number of the Company's employees within the unit alleged and hereinafter found to be appropriate.1 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and 1 A statement of the Regional Director introduced into evidence at the hearing indicates that she had examined 106 membership application cards submitted by the I A M and that all of these were dated between September and December 1940. She further stated that all the signatures on these cards appeared to be genuine and that 71 of the names on these cards corresponded to the names of persons on the Company 's pay roll of March 11, 1941. The Regional Director further stated that she had examined 79 authorization and membership application cards submitted by the Industrial Union, that 65 of these cards were dated between September 1940 and March 1941, and that 14 of the cards were undated. She further stated that 77 of the signatures on these cards appeared to be genuine and that 42 of the 77 apparently genuine signatures Here the names of persons on the Company's pay roll of March 11, 1941. Some of the authorization cards submitted by Industrial Union designated "Local 22- I. U. M. S. W. A -C. I. 0." Local 38 has superseded Local 22 in the Stamford area since the question of representation has arisen . Other cards submitted by Industrial Union \%ere applications for membership in United Construction `Yorkers Organizing Committee, a0il- -iated with the C. I. O. Local Union No 179 The Construction workers have relinquished any claim to jurisdiction over the Company' s employees and have transferred then mem- bers to the Industrial Union. 760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. , THE APPROPRIATE,UNIT All the parties stipulated at the hearing that the appropriate unit should consist of all production and maintenance workers of the Com- pany, including working foremen,2 but excluding officers, foremen, draftsmen, office employees, and "newly hired" temporary employees.3 At the time of the hearing the Company employed, approximately 30 construction workers in the building of an office on its property. Although these employees are temporary, both'unions claim them as part of the appropriate unit. These workers are doing a different type of work for the Company from that performed by the bulk of - its employees, and since their work is clearly temporary in nature, and other temporary employees hired since the date of the hearing are expressly excluded by the stipulation of the parties, we shall exclude the construction workers from the unit. We find that all production and maintenance employees of the Com- pany, including working foremen, but excluding officers, foremen,. draftsmen, office employees, temporary construction workers, and other temporary employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective- bargaining and otherwise effectuate the policies of the Act. VI. THE• DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We shall direct that all employees of the Company in the appropriate unit who were employed during the pay-roll period immediately preceding this Direction of Election, subject to such limitations and additions as are set forth in the Direction, shall be eligible to vote. Upon the basis of the above findings of fact and the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Luders Marine Construction Company, 2 Referred to at the hearing as pushers , snappers, or leaders. 8 The stipulation agreed to by all parties clearly eliminates from the unit any temporary empibyees hired after the date of the hearing. LUDERS MARINE CONSTRUCTION COMPANY 761 Stamford, Connecticut, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company in- eluding working foremen, but excluding officers, foremen, draftsmen, office employees, temporary construction workers, and other temporary employees, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation-authorized by the Board to ascertain representatives for the purposes of collective bargaining with Luders Marine Construction Company, Stamford, Connecticut, an election by secret ballot shall be conducted as "early as possib1 but not later than thirty (30) days from the date of this Direction of Election 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, Section 9, of said Rules and Regulations, among all production and main- tenance employees of the Company who were employed during the. pay-roll period immediately preceding the date of this Direction of Election, including working foremen and employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tem- porarily laid off, but excluding officers, foremen, draftsmen, office employees, temporary, construction .workers and other temporary em- ployees, and' any who have since quit or been discharged for cause, to determine whether they desire to be represented by International Association of Machinists, affiliated with the American Federation of Labor, or by Industrial Union of Marine and Shipbuilding Workers of America, Local 38, affiliated with the Congress of In- dustrial Organizations for the purposes of collective bargaining, or by neither.