Tietjen and Lang Dry Dock Co.

In the Matter 'of TIETJEN AND LANG DRY DOCK COMPANY and INDUS- TRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL No. 15 (C. I. 0.) In the Matter of TIETJEN AND LANG DRY DOCK COMPANY and MARINE LOCAL No. ' 277, INTERNATIONAL' BROTHERHOOD OF ELECTRICAL WORKERS, A. Fi 'or. L. Cases Nos.,R-3150 and R,--3151.-Decided December 5, 1941 Jurisdiction : ship repairing industry.. Investigation ahd ' Certification of Representatives : existence of question: re- fusal to accord unions 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. Mr. Frederick R. Livingston, for the Board. Cullen & Dykmizan, by Mr. Harry G. Hill, of Brooklyn, N. Y., for the Company. Mr. Samuel L. Rothbard; of Newark, N. J., for the Industrial, Union. Mr. Samuel . Grossmann and Mr. Fred Geyer, of New York City, and Mr. Lawson imberly of Washington, D. C.,,for the I. B. E. W. ,Mr. Stanley L. Drexler, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On July 30, 1941, Industrial Union of Marine & Shipbuilding Workers of America, Local No. 15, affiliated with the Congress of Industrial Organizations, herein called the Industrial Union, 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 employees of Tietjen and Lang Dry Dock Company, Hoboken, New Jersey, herein called the Company, and requesting an investigation and certification of representatives pursuant ,to Section 9 (c) of the National Labor Relations Act, 49• 37 N. L. R. B., No. 49. 310 'TIETJEN AND LANG DRY DOCK COMPANY ' ` . 311 Stat. 449; herein called the Act. On Aug-ust 8; 1941, 'Marine, Lbcal N. ' 277,• International Brotherhood of Electrical ,Workers,, affiliated with the American Federation of Labor, herein called the I. B. E. W., filed a similar petition. On 'September 30, 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- purr -scant to Article III, Section 10 (c) (2), of said Rules and Regula- tions, further ordered that the aforesaid two cases be consolidated. On October 3, 1941, the Regional Director, issued a -notice of -hear- ing, copies of which were duly served upon the Company, the Indus- trial Union, and the I. B. E. W.' Pursuant to notice, a hearing was held, on October 14, 1941, at Jersey, City, New Jersey, before Josef L.-Hektoen, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the Industrial Union, and the I. B. E. W. were represented and participated in the hearing. Full op- portunity to be heard, to examine and cross-examine witnesses, and to introduce evidence,bearing on the issues was afforded all parties. During the course of'the hearing, 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. On November 3, 1941, the I. B. E. W. filed a brief and the Company -filed a memorandum. The brief and memorandum have been considered by the Board. Upon the'entire record in the case, the, Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Tietjen and Lang Dry Dock Company is a New Jersey corpora tion.l It maintains its principal offices and a shipyard at Hoboken; New Jersey; consisting of a yard, various shops, floating drydocks, storerooms, piers, and offices, where it is engaged in repairing, recon- ditioning, and reconstructing ocean-going vessels, wooden ships, yachts, tugs, and harbor and river craft. Through its sales agents, the-Company solicits orders from steamship, and railroad 'companies, ' All of its stock is owned by Todd Shipyards Corporation , a •New ' York corporation. Todd Shipyards ' Corporation also owns all of the stock of several other shipyard companies throughout the United States Matter of Robins Dry Dock if Repair Company and Indus- trial Union of Marine if Shipbuilding Workers of America, Local No 39, C. 1 .0 , 33 N. L. R B , No. 2. 312 DECISIONS .OF. NATIONAL- LABOR RELATIONS. BOARD both, within and without the State of -New : Jersey. ,A ,substantial portion of the, Company's business is. the reconditioning of ships.for the United States Maritime Commission and the United States Navy. During 1940, the Company performed repair work exceeding $10,000,- 000 in.value, over 50 per cent-of which was upon vessels engaged in ocean-going transportation., The principal raw materials used by the-.Company, are steel, lumber, brass, pipe, and mechanical rubber goods.; Approximately 50 per cent of these raw materials are pur- chased- from sources. outside the, tState of New Jersey. The value of these purchases, during the 6 months preceding October 1, 1941, was about $1,000,000.. The • Company. ,admits that it is engaged in com-, merce within the meaning of the Act. . H. THE ORGANIZATIONS INVOLVED I Industrial Union of Marine and Shipbuilding Workers of America, Local No. 15, is a labor organization affiliated with the .Congress of Industrial Organizations, admitting to membership employees of the Company. • Marine Local No. 277, International Brotherhood of Electrical Workers, is a labor organization affiliated with the American Fed- eration of Labor, also admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION • The parties stipulated at the' hearing that a question concerning representation had arisen since the Company has refused to bargain with any-union until and unless such union has -been certified by the Board as the exclusive representative of employees in a unit appropriate for the purposes of collective bargaining. A statement of the Regional Director introduced into evidence at the hearing shows that the Industrial Union and I. B. E. W. each represents a substantial number of employees, in the unit which each claims to be appropriate.2 ' We find that a question has arisen concerning the representation of employees of the Company. 2 The Regional Director's statement shows that the Industrial Union submitted 729 applications cards of persons whose names appeared on the Company's pay roll of July 29, 1941. • Four hundred and 'sixty-three of these cards bear apparently genuine original signatures and 263 contain hand-printed names . There were 2,750 names on the pay roll of July 29, 1941. The Regional Director's statement also shows that the I B E- W. submitted 136 authorisation cards containing apparently genuine signatures of persons whose names appeared ' on'the company's pay roll of July 29, 1914. At the time of the' hearing there were, approximately 385 employees in the unit which the I. B. E. W. claims to be appro6riate. ' TIETJEN AND LANG' DRY DOCK COMPANY 313 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 com- merce and,the free flow of` commerce. V. THE APPROPRIATE UNIT The Company and the Industrial.,Union.stipulated at the hearing that all production and maintenance employees of the Company including subforemen, snappers,3, floating-equipment men, ; dock hands, tender keepers, garage, men, storeroom workers, storekeepers in the safety-equipment room, practical.or operating,_engineers, and chauffeurs,, but excluding technical engineers, timekeepers, drafts- men, office clerks, supervisors, foremen, assistant foremen, 'watchmen, janitors, janitresses, estimators,,and traffic-department dispatchers, should constitute an appropriate unit for the purposes of collective bargaining. r The I. B. E. W. contends that all marine electricians employed by, the Company, including snappers,, mechanics, and helpers,4 but excluding all other employees of the Company, constitute a separate appropriate unit.. The Industrial Union contends,that they should be included with,the other employees. The,Company assumes no position regarding, the appropriateness. of the unit ,proposed by the I. B. E. W. The electricians, of whom there were- about, 385 at the time of the. hearing,5 remove, repair, assemble, and install marine electrical apparatus. They work under an electrician's foreman and constitute a separate and distinct group. There is little interchange of employ- ment between the electricians and other production and maintenance employees. On the other hand, the Company's operations are highly integrated and the 'work of its various employees is closely inter- related. It appears, in addition, that industrial units are prevalent in the ship-repairing 'industry, although there has been no previous history of collective bargaining at this plant. The hours and work- ing conditions for all employees are generally uniform throughout the plant. In the light of the entire record, we are of the opinion that the electricians, snappers, mechanics, and helpers might prop= 2A snapper is a strawboss who leads a gang of men. He is without power to hire or discharge. 4 The snappers , mechanics, and helpers are all part of the electrical department 5 The number of electricians was then at a peak. In September 1941, there were about 300 electricians ; in August 1941, about 250; and in May 1940, 19. 314 DECISIONS . OE NATIONAL- LABOR RELATIONS BOARD erly constitute a separate. bargaining unit or that they might function as part of a single industrial unit. r . Under these circumstances we are of the opinion that the desire of these employees themselves. is the chief factor in' . determining . whether they shall constitute a separate unit or become apart of the industrial unit.sf '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. We shall also direct an election among all the remaining production and maintenance employees of the Company including 'subforemen, snappers, floating-equipment men, dock hands, tender keepers, garage men, storeroom workers, store- keepers in, the safety-equipment room, practical or operating engi- neers,, and chauffeurs, but "excluding technical engineers, timekeepers, draftsmen, office clerks, supervisors, foremen, assistant foremen, watchmen, janitors, janitresses, estimators, and traffic-department dispatchers, to determine whether or not they desire to be represented by th'e Industrial Union for the purposes of collective bargaining. As stated above, there will be no final determination of the appro- priate unit or units pending the results of the elections. If a ma- p ority ' 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 ma- jo ity in each election unit vote for the Industrial' Union, we shall ' 4, combine them with the employees in the industrial unit. VI. TH7n DETERMINATION OF REPRESENTATIVES In accordance with the,desires of the parties expressed in a stipu- lation entered into at the hearing, 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 and/or shaped for work" 7 50 per cent of, the number of working days from May 1 to October 1, 1941,.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 : 6 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 o f America; 3 N. L R B 294, and subsequent cases. 7 The Company hires on a day-to-day basis from a line-up of prospective employees in front of the Company's plant and a person seeking employment , who reports to this assembly is said to be "shaping for work." T'IETJEN AND LANG DRY -DOCK COMPANY 315 CONCLUSION OF LAW A question affecting commerce has arisen concerning the represen- tation of employees of Tietjen and Lang Dry Dock Company, Hobo- ken, New Jersey, 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 Relations 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 DIRECTED that, as part of the investigation ordered by the, Board to ascertain representatives for the purposes of collective bargaining with Tietjen and Lang Dry Dock Company , Hoboken, New Jersey, elections 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 Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations , among those employees who fall within the groups indi- cated below who have worked and/or shaped for work 50 per cent of the number of working days from May 1 to October 1, 1941, exclud- ing employees who have since quit or been discharged for cause, but ;including employees in .the active military service or training of the United States : - . I -:: t • • 't (a) All marine electricians including snappers, mechanics; and .helpers to determine whether they desire to be represented by Marine" Electricians, Local No. 277 , International Brotherhood of-Electrical Workers, A. F. of L., by Industrial Union • of Marine •& Shipbuilding Workers of America, Local No. 15 ( C. I. O.),'for the purposes of col- lective bargaining, or by neither ; . _I , • ; (b) • All the remaining production and maintenance employees of the Company including subforemen, snappers , floating-equipment men, dock hands, tender keepers, garagemen , storeroom workers, storekeepers in the safety-equipment room, practical or operating ,engineers, and chauffeurs , but excluding technical engineers, time- keepers, draftsmen , office clerks, supervisors, foremen, assistant fore- men, watchmen , janitors, janitresses, estimators , , and traffic-depart- ment dispatchers, to determine whether or not'•they desire to be r'ep'- resented by the Industrial Union of Marine & Shipbuilding Workers of America , Local No. 15 (C. I.' O.), for the purposes of collective bargaining.