Atlantic Basin Iron Works, Inc.

National Labor Relations Board - Board Decisions

Dec 30, 1944

59 N.L.R.B. 1346 (N.L.R.B. 1944)

In the Matter of ATLANTIC BASIN IRON WORKS, INC., and INDUSTRIAL
UNION OF MARINE & SHIPBUILDING WORKERS OF AMERICA, LOCAL 39,
C. I. O.
Case No. 2-R-5094.-Decided December 30, 194
.Mr. Frank B. Devlin, of New York City, for the Company.
Mr. William J. Cosgrove, of Brooklyn, N. Y., for the Union.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Industrial Union of Marine & Ship-
building Workers of America, Local 39, C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Atlantic Basin Iron Works,
Inc., Brooklyn, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Jerome I. Macht, Trial Examiner. Said hearing was
held at New York City on November 29, 1944. The Union appeared
and participated., All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an 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 OF THE COMPANY
Atlantic Basin Iron Works, Inc., is a New York corporation which
repairs, equips, and maintains vessels engaged in domestic and for-
eign commerce, and which operates its yards in Brooklyn, New York.
1 No representative of the Company appeared at the hearing . However, the Company
filed a written answer by which it appeared specially in the proceeding.
59 N. L. R. B., No. 246.
1346 -
ATLANTIC BASIN IRON WORKS, INC. 1347
During 1943, its purchases of raw materials were in excess of $17--
500,000, over 30 percent of which was shipped to the Company from
without the State of New, York. In 1943 the Company repaired,-
equipped, or converted more than 12 steamships of over 10,000 tons
capacity.2
In its answer the Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Industrial Union of Marine & Shipbuilding Workers of America,
Local 39, affiliated with the Congress of Industrial Organizations,
is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
In October 1944, the Union requested recognition as the exclusive
bargaining representative of the Company's office clerical employees.
The Company did not accede to this request.
The Company contends in its answer that, since it has a contract
with the Union covering production and maintenance workers, but
specifically excluding office clerical employees, the Board has no
power to entertain the petition herein, which alleges as appropriate
a unit of office clerical employees. This contract, dated August 11,
1942, is in evidence, and nothing in it constitutes an undertaking by
the Union not to represent the Company's office clerical employees.
Accordingly, we find that no bar exists to a determination of repre-
sentation 3
•A statement of a Boa'rd'-agent, introduced into evidence at the-hear-
ing, indicates that the Union 'represents a substantial number of em-
ployees in the unit hereinafter found appropriate.4
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
In accordance with the unopposed request of the Union,5 and
upon the entire record in the case, we find that all office clerical em-
2 These findings are based upon the facts set forth in the Board's Decision in Matter of
Atlantic Basin Iron Works, Inc, 56 N I. R. B 126.
'See -Matter of Atlantic Basin Iron Works, Inc , 56 N L R B 126
' The Field Examiner-reported that the Union submitted 46 application for membership
cards dated September and October 1344, and that there are approximately 83 employees
in the alleged appropriate unit .
5 Except for its contention concerning the Board's power in this proceeding, set forth in
Section III, supra, the Company takes no position with respect to the appropriate unit.
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
ployees of the Company, including clerks, messengers, International
Business Machine operators, blockers, key punch operators, tabula-
tors, telephone switchboard operators, and stenographers, but, ex-
cluding confidential secretaries, timekeepers, control sheet employees,
snappers, and executive department heads with authority to hire,
promote, discharge, discipline, or otherwise -effect changes in the
status of employees, or effectively recommend such action, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were.employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 represent-
atives for the purposes of collective bargaining with Atlantic Basin
Iron Works, Inc., Brooklyn, New York, 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 super-
vision 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 the employees 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 themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether or not they desire to be repre-
sented by Industrial Union of Marine & ,Shipbuilding Workers of
America, Local 39, C. I. 0., for the purposes of collective bargaining.