Sullivan Dry Dock & Repair Corp.

In the Matter of SULLIVAN DRY DOCK & REPAIR CoR'. and I. B. E. W., LOCAL x277, A. F. OF L. In the Matter of SULLIVAN DRY DOCK & REPAIR CORP . and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL 13, C. I. O. Cases Nos. R-3251 and R-3252.-Decided November 28, 1941 Jurisdiction : ship building and repairing industry. Investigation and Certification of Representatives : existence of question; refusal to accord union recognition ; elections necessary. Unit Appropriate for Collective Bargaining : industrial unit, or industrial and electricians' craft units; determining factor desires of employees; determina- tion of, dependent upon elections. Dow, McAllister d Seymour, by Mr. Gerard W. McAllister, of New York City, for the Company. Mr. Samuel Grossman, and Mr. James Slater, of New York City, for the I. B. E. W. Mr. Samuel L. Rothbard, of Newark, N. J., for the Industrial Union. Mr. Stanley L. Drexler, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 26, 1941, International Brotherhood of Electrical Work- ers, Local No. 277, affiliated with the American Federation of Labor, herein called the I. B. E. W., filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Sullivan Dry Dock & Repair Corp., Brooklyn, New York, herein called the Company, and requesting an investigation and certi- fication of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On Sep- tember 9, 1941, Industrial Union of Marine and Shipbuilding Work- ers of America, Local No. 13, affiliated with the Congress of Industrial Organizations, herein called the Industrial Union, filed a similar 37 N. L. R. B., No. 4. 13 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD petition. On October 22, 1941, the National Labor Relations 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 in each case and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice and, acting pursuant to Article III, Section 10 (c) (2 ) of said Rules and Regulations , further ordered that the aforesaid two cases be consolidated. On October 23, 1941, the Regional Director issued a notice of hearing copies of which were duly served upon the Company, the I. B. E. W., and the Industrial Union. Pursuant to notice, a hearing was held on November 3, 1941, at New York City, before John J. Cuneo, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany, the I. B. E. W., and the Industrial Union were represented and participated in the hearing. Full opportunity to be heard, to exam- ine and cross-examine witnesses , and to introduce evidence bearing on the issues was afforded all parties . During the course of the hear- ing, the Trial Examiner made rulings on various motions and on objections 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 following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Sullivan Dry Dock & Repair Corp. is a New York corporation. It maintains its principal offices at Brooklyn , New York, where- it is engaged in the building and repairing of ships. The principal raw materials used by the Company are steel and timber. During the 6 months period preceding November 3, 1941, which was a repre- sentative period in the Company's business , 100 per cent of these raw materials were purchased by the Company and shipped to it from places outside of the State of New York. The approximate cost of the raw materials purchased by the Company during the same period was $643,462 and the approximate sales price of the ships built and repaired by the Company was $1,609,235. At the time of the hearing the Company was engaged to the extent of about 95 per cent of its total volume of operations, in performing contracts with the United States Navy, the United States Maritime Commission, or the United States Coast Guard Quartermaster Corps for the con- struction and repair of vessels . The Company admits that it is engaged in commerce within the meaning of the Act. SULLIVAN DRY DOCK & REPAIR CORP. - 15 II. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers, Local No. 277, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. Industrial. Union of Marine and Shipbuilding Workers of America, Local No. 13, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. - THE QUESTION CONCERNING REPRESENTATION Each union has requested the Company to recognize it as the ex- clusive representative of the employees of the Company in a unit which each alleges to be appropriate for the purposes of collective bargaining. The Company has refused to accord to either union such recognition unless and until the Board has certified the union as such exclusive representative. A statement of the Regional Direc- tor introduced;into.evidence, at,the hearing shows that the I. B. E. W. and the Industrial Union each represents a substantial number of employees in the unit which each claims to be appropriate.' - We find that a question has arisen concerning the representation of the 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 tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The I. B. E. W. contends that all marine electricians employed by the Company including snappers,2 mechanics, and helpers 3 but 'The Regional Director's statement shows that the I. B. E. W. submitted 28 applica- tion cards containing the apparently genuine signatures of persons whose names appeared on the Company's pay roll of October 7, 1941 This pay roll contains 99 names in the unit which the I. B E. W. contends to be appropriate. It appears however that-there are a number of duplications in this pay roll. The Regional Director's statement also shows that the Industrial Union submitted 512 application cards of persons whose names ap- peared on the Company's pay roll of October 7, 1941 Three hundred twenty-five of these cards bear apparently genuine original signatures and 77 contain printed names. The Company's pay roll of October 7, 1941, contains 1233 names in the unit which the Industrial Union claims to be appropriate . There are also a number of duplications of names on this pay roll. 2 A snapper is a strawboss who leads a gang of men. He is without power to hire or discharge. - 8 The snappers, mechanics, and helpers are all part of the electrical department. 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD excluding=all other employees of the Company; constitutea separate appropriate unit. The Industrial Union contends that all produc- tion and maintenance employees of the Company, excluding foremen, subforemen, supervisors, or anyone in an official capacity on a sal- aried basis, draftsmen, timekeepers, storekeepers, watchmen, guards, and clerks and office employees, constitute an appropriate unit. The Industrial Union contends such unit should include the marine elec- tricians, snappers, mechanics, and helpers. The Company takes no position as to whether or not the marine electricians, snappers, mechanics, and helpers should be included with the other employees, but contends that if an industrial unit is found to be appropriate it should include draftsmen, timekeepers, storekeepers, watchmen, guards, and clerks. The electricians remove, repair, assemble, and install marine elec- trical apparatus. They work under an electrician's foreman and constitute a separate and distinct group. On the other hand, the Company's operations are highly integrated and the work of its various employees is closely interrelated. Hours and working con- ditions for all employees are generally uniform throughout the plant. It appears in addition that industrial units are prevalent in the ship- building and ship-repairing industry although there has been no previous history of collective bargaining at this plant. In the light of the entire record, we are of the opinion that the electricians, snap- pers, mechanics, and helpers might properly constitute a separate bargaining unit or that they might function as part of a single indus- trial unit. Under these circumstances, we are of the opinion that the desire of these employees themselves is the chief factor in deter- mining whether they shall constitute a separate unit or become a part of the industrial unit .4 To ascertain the desires of the employees, we shall direct an election among all marine electricians employed by the Company including snappers, mechanics, and helpers, but excluding all other employees of the Company, to determine whether they desire to be represented by the I. B. E. W., by the Industrial Union, or by neither, for the purposes of collective bargaining. With respect to the question of whether draftsmen, timekeepers, storekeepers, watchmen, guards, and clerks should be included in an appropriate industrial unit as contended by the Company, or ex- cluded as contended by the Industrial Union, it appears that there is considerable difference between the conditions of work, tenure of employment, and role in production of these employees and the remainder of the employees of the Company. We shall exclude 4 See Matter of the Globe Machine & Stamping Co and Metal Polishers Union Local No. 3; International Association of Machinists , District No. 54; Federal Labor Union 18788, and United Automobile Workers of America, 3 N L R. B. 294 and subsequent cases. SULLIVAN DRY DOCK & REPAIR CORP. 17 these classes of employees from the production and maintenance unit. Accordingly, we shall also direct an election among all the remaining production and maintenance employees of the Company, excluding foremen, subforemen , supervisors , or anyone in an official capacity on a salaried basis, draftsmen , timekeepers , storekeepers, watchmen , guards, and clerks and office employees, to determine whether or not they desire to be represented by the Industrial Union for the purposes of collective bargaining. There will be no final determination of the appropriate unit or units pending the result of the elections . If a majority of the marine electricians, snappers; "mechanics, ,and helpers choose the I. B. E. W., they will constitute an appropriate unit separate from the remaining employees of the Company . If a majority in each election unit vote for the Industrial Union, we shall combine them with the employees in the industrial unit. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing the Industrial Union proposed that employees who have worked at least 10 days during the period between October 15, 1941, and,November.15,,1941, be eligible to vote in the election. None of the other parties--o' bjected to-this eligibility test and we believe that it is a fair one. Accordingly we shall direct that employees of the Company eligible to vote in the elections shall be those within the alleged appropriate units who have worked at least 10 days dur- ing the period between October 15, 1941, and November 15, 1911, excluding employees who have since quit or been discharged for cause, subject to the limitations and additions set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the.following : CONCLUSION OF L A\V A question affecting 'commerce has arisen concerning the repre- sentation of employees of Sullivan Dry Dock & Repair .Corp., Brook- lyn, Nev York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of -National Labor Relations Board Rules and Regulations-Series 2, as amended,•it is hereby 18 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Sullivan Dry Dock & Repair Corp., Brooklyn , New York, elec- tions 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 Re- lations Board, and subject to Article III, Section 9 of said Rules and Rebulations , among those employees who fall within the 'groups in- dicated below who have worked at least 10 days during the period between October 15 , 1941 , and November 15, 1941, excluding em- ployees who have since quit or been discharged for cause , but includ- ing employees in the active military service or training of the United States: (a) All marine electricians including snappers, mechanics, and helpers, to determine whether they desire to be represented by I. B. E. W., Local $k277, A. F. of L., by Industrial Union of Marine and Shipbuilding Workers of America, Local 13, C. I . 0., for the purposes of collective bargaining, or by neither; (b) All the remaining production and maintenance employees of the Company excluding foremen, subforemen , supervisors or any- one in an official capacity on a salaried basis, draftsmen , timekeepers, storekeepers, watchmen , guards, and clerks and office employees, to determine whether or not they desire to be represented by the In- dustrial Union of Marine and Shipbuilding Wor'ke'rs'of America, Local 13, C. I. 0., for the purposes of collective bargaining.