Chris-Craft Corp.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 230 (N.L.R.B. 1946)

In the Matter of CIIRIS-CRAFT CORPORATION and UNITED BROTHER-
HOOD OF CARPENTERS AND JOINERS or AMERICA, LOCAL UNION No. 2391,,
A. F. L.
Case No. 7-R-2084.-Decided February 28, 1946
Messrs. Wayne Van Osdol, of Detroit , Mich ., and Harry H. Call,
of Holland , Mich ., for the Company.
Messrs. C. O. Van Horn, of Fort Wayne , Ind., and Ralph Dokter,
of Holland , Mich ., for the Union.
Mr. Oscar Geltman , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Brotherhood of Carpenters
and Joiners of America, Local Union No. 2391, A. F. L., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Chris-Craft Corpora-
tion, Holland, Michigan, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Robert J. Wiener, Trial Examiner. The hearing
was held at Detroit, Michigan, on September 25, 1945. The Com-
pany and the Union 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
Examiner'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
I. THE BUSINESS OF THE COMPANY
Chris-Craft Corporation, a Michigan corporation, is engaged at a
plant at Holland, Michigan, in the manufacture of landing craft for
the United States Navy, During the 12-month period preceding
66 N. L . R. 13., No. 21,
230
CHRIS-CRAFT CORPORATION . 231
the date of the hearing, the Company purchased raw materials valued
in excess of $1,500,000, approximately half of which represented
shipments from points outside the State of Michigan. During the
same period, the Company manufactured finished products valued in
excess of $5,000,000, more than half of which represented shipments
to points outside the State.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Brotherhood of Carpenters and Joiners of America, Local
Union No. 2391, 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 Union as
the exclusive bargaining representative of the Company's firemen
and guards, until the Union has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents all the 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 mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all firemen and guards employed at the
Company's Holland plant constitute an appropriate unit. The Com-
pany opposes the granting of collective bargaining rights to these
employees.
The Company employs three firemen, three guards, and one em-
ployee who alternates in both positions. Both firemen and guards
are hourly paid and receive the same rate of pay. The firemen pro-
tect the plant from fire hazards and keep heat in the boilers. The
guards are uniformed; they are not militarized, and do not carry
arms. They patrol the premises and perform miscellaneous plant-
protection and fire prevention functions. The firemen and guards
1 The Field Examiner reported that the Union submitted seven membership application
cards bearing the names of all employees In the alleged appropriate unit , listed on the
Company's pay roll of August 21, 1945,.
232 DECISION OF NATIONAL LABOR RELATIONS BOARD
are not now represented for purposes of collective bargaining, and
the record reveals no bargaining history involving these employees.
The Company urges that the petition herein be dismissed on the
ground that essential safety measures might be neglected if firemen
and guards were permitted to choose a bargaining representative.2
We have heretofore held under similar circumstances, as we do now,
that "We give no weight to the implication that membership in a
union tends to undermine the honesty of plant-protection employees
of their competence to execute their duties satisfactorily. Self-or-
ganization for collective bargaining is not incompatible with efficient
and faithful discharge of duty."3 The Company urges, as a further
reason for the dismissal of the petition, that the instant petition is
inconsistent with a stipulation for an appropriate unit, made by the
Company and four labor organizations including the petitioner in a
prior proceeding, wherein firemen and guards were excluded from
the stipulated unit.4 It argues in substance that, should the Union
be certified as the bargaining representative of these employees, the
result would be tantamount to an enlargement of the stipulated unit
for which these unions are presently the bargaining representative.
There is no merit in this contention inasmuch as representatives may
be designated by the employees in more than one unit without
thereby effecting a merger of such units. Our opinion herein ought
certainly not to be construed as giving a license to effect such a
merger. Under the circumstances of this case, we are persuaded
that the foremen and guards, who constitute a homogeneous and
clearly identifiable group, are entitled to representation for the pur-
poses of collective bargaining.5
We find that all firemen and guards employed at the Company's
Holland plant, excluding all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute 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-
a The Company 's manager testified that the plant and its products are constructed of
wood and require constant protection against fire hazards.
3 Matter of Dravo Corporation , 52 N. L . R. B. 322 , 327. See also Matter of National
Fireworks, Inc., 62 N. L. R. B. 271.
A Case No. 7-R-1172. As a result of this proceeding, these unions became the recog-
nized bargaining representative of the Company's employees in a plant-wide unit.
B Matter of Jones A Laughlin Steel Corporation, 49 N. L. R. B. 390; Matter of Dravo
Corporation, supra.
CHRIS-CRAFT CORPORATION 233
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 representa-
tives for the purposes of collective bargaining with Chris-Craft
Corporation, Holland, Michigan, 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 Seventh Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
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 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 determine whether or not they desire to be repre-
sented by United Brotherhood of Carpenters and Joiners of America,
Local Union No. 2391, A. F. L., for the purposes of collective bar-
gaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.