Cramp Shipbuilding Co.

National Labor Relations Board - Board DecisionsNov 29, 1941

37 N.L.R.B. 146 (N.L.R.B. 1941)

In the Matter Of CRAMP SHIPBUILDING COMPANY and AMERICAN FEDERATION OF LABCR Case No. R-2993.-Decided-Nwcemlzer Z9,494-3, Jurisdiction : shipbuilding industry. Investigation and Certification of Representatives : existence of question : refusal of Company to accord union recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees including apprentices and trainees, and expeditors, but excluding supervisory employees, office employees, and technicians ; stipulation as to ; working leaders, yard checkers, yard counters, shop clerks, fire watchers, yard janitors, and powerhouse and substation employees included in unit, as being closely identified with production employees ; leading men, time checkers, piece work counters, timekeepers, guards, and office janitors excluded from unit, as being more closely identified with non-production employees. Drinker, Biddle,& Reath, by Mr. Lewis H. VanDusen, of Philadel- phia, Pa., for the Company. Syme c& Simons, by Mr. M. Herbert Syme and Mr. Benjamin K. Simons, of Philadeldelphia, Pa., for the A. F. L. Mr. M. H. Goldstein, of Philadelphia, Pa., for the C. 1. 0. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 11, 1941, the American Federation of Labor, herein called the A. F. L., filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a question af- fecting commerce had arisen concerning the representation of em- ployees of Cramp Shipbuilding Company, Philadelphia, Pennsylvania, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On Septem- ber 3, 1911, the National Labor Relations Board, herein called the Boardi acting pursuant to Section 9 (c) of the Act and Article III, 37 N. L. R. B, No. 19 146 CRAMP SHIPBUILDING COMPANY 147 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 upon due notice? On September 4, 1941, the acting Regional Director; and on October 24, 1941, the Regional Director, issued, notices of hearings, copies of which were duly served upon the Company, the A. F. L., and also upon Industrial-Union of Marine and Shipbuilding Workers of America, affiliated with the C. I. 0., herein called the C. I. 0., a labor organiza- tion claiming to represent employees directly affected by the investi- gation. Pursuant to the notices, hearings were held on September 11 and October 31, 1941, at Philadelphia, Pennsylvania, before Robert H. Kleeb, the Trial Examiner duly designated by the Chief Trial Examiner.2 The Company, the A. F. L., and the C. I. O. were repre- sented by counsel and participated in the hearings. Full opportunity 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 both hearings-the Trial Examiner made rulings on motions and on objections to the admission of evidence. The Board has re- viewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. All parties filed briefs, which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Cramp Shipbuilding Company is a Pennsylvania corporation, incor- porated on July 16, 1940, having its principal office and place of busi- ness in Philadelphia, Pennsylvania.' It is engaged in the construction of naval vessels for the United States Navy and the repair of cargo ships for the United States Maritime Commission. ^ A substantial percentage, valued in'excess of $50,000 during the past year, of the raw materials and supplies used by the Company is shipped to the Company from States other than Pennsylvania. The construction and repair work performed by the Company during the past year is valued in excess of $50,000. i The petition had previously been dismissed on August 29, 1941, but the order dismissing the petition was revoked on September 3, 1941. 2 Following the original hearing, on September 11, 1941, the Company filed a petition for reheating On October 23, 1941, the Board ordered the record reopened for the purpose of taking further testimony, and the further hearing pursuant to the aforesaid order was held on Octobei 31, 1941. 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED American Federation of Labor is a labor organization admitting to membership employees of the Company. Industrial Union of Marine and Shipbuilding Workers of America is a labor organization affiliated with the Congress of Industrial Organ- izations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION It was stipulated at the hearing that the Company declined to rec- ognize the A. F. L. as exclusive bargaining representative for the Company's employees in the absence of certification by the Board. It was also stipulated that both unions represent a substantial number of employees of the Company in the alleged appropriate unit. Both unions submitted evidence of membership among employees of the Company. 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 tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the original hearing the parties stipulated that the following unit was appropriate for the purposes of collective bargaining: all production and maintenance employees, including apprentices and trainees, checkers,' counters, expeditors and other clerical employees who work a majority of their time in the plant and who do not work 1 The A F. L submitted to the Regional Diiector 161 authorization -application cards, 150 of which were dated between January and July 1941, inclusive, 11 were undated. Seven of the cards appear to be duplicates. Seventy-nine, excluding the duplicates, bore signatures which were the names of persons on the Company's July 17, 1941, pay roll. The July 17 pay roll listed a total of 761 employees in the alleged appropriate unit. The C I 0 submitted 449 application cards One hundred and seventy-three were dated between March and July 1941, inclusive, 276 were undated. Thirteen appear to be dupli- cates Three hundred and thirteen of the caids, excluding the duplicates, bore signatures which were the names of persons on the Company's July 17, 1941, pay roll CRAMP SHIPBUILDING COMPANY 149 a majority of their time in the main office or the plant offices, and timekeepers who work a. substantial portion of their time in the plant, and excluding supervisory employees, office employees, and techni- cians.4 The rehearing previously referred to was ordered by the Board for the purpose of resolving ambiguities in the stipulation and the record as to certain groups of employees whom the unions contended should be included within the appropriate unit, some of whom the Company wanted wholly excluded and some of whom it wished partially ex- cluded. These groups are as follows : 1. Leading men and working leaders. The Company contends that leading men and working leaders should be excluded from the unit as being supervisory employees; the unions contend that they should be included. The supervisory hierarchy, in the order of precedence, is as follows : Superintendents, assistant superintendents, foremen, assistant foremen, quarter 'men, leading men, and working leaders. Leading nien are supervisory employees who normally direct work- ing leaders and gangs of 25 to 50 men. They perform no manual work. No substantial difference in function is discernible between the duties of leading men and those of quarter. men whom the unions are agreed should be excluded.' We shall therefore exclude the leading men from the unit. Working leaders direct the work of from 8 to 30 men and are mainly engaged in working with tools. They appear to have no marked supervisory responsibility, and their recommendations with regard to personnel are made only to their immediate superiors- the leading men-on whom the management relies for advice with regard to hire, discharge, promotion, and discipline. Since they appear to be essentially production and not supervisory employees, we shall include the working leaders in the unit. 2. Checkers. Certain of the Company's employees are called checkers, although the Company has no such occupational classifica- tion. All appear to be clerical. Most of them are attached to the yard and are on the yard pay roll. Six, however, are under the jurisdiction of the accounting or auditing department, are on the main-office pay roll, punch a time clock in the main office, and are known as time checkers.; Their duties consist of noting, or spot -The supervisory employees agreed to be excluded are* superintendents, assistant super- intendents, foremen, assistant foremen, and quarter men The office employees and technicians agreed to be excluded are the engineering force, the chief engineer in the power- house, the main-office employees, the medical staff, and the employment-office staff Although quarter men are higher in the supervisory scale than leading men, both are markedly superiisory_emplovees The record indicates that their recommendations are the principal basis for promotion, transfer, discharge, and discipline ''Office empio3ees .fie paid for holnlavs, get vacations with pay, and sick leave The production and maintenance group gets none of these benefits 43i257-42-vor, 37-11 150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD checking, the type of work being done by various employees in the yard. These data are then compared with the work cards subse- quently turned in by the timekeepers, for the purpose of checking the accuracy of the latter. The remainder of the checkers are en- gaged in the checking of receipts, shipments, and inventories in the yard. The Company would exclude the time checkers from the unit but agrees that the other checkers should be included. The unions would include all checkers. Since the work of the time check- ers is essentially an auditing and not a production function, we find that they should be excluded from the unit. We shall include the remainder of the checkers. 3. Counters. Counters are clerical employees similar to checkers. Some are attached to the yard, count material and equipment, and are apparently on the yard pay roll. About 12 or 13, however, are on the office pay roll and are engaged, for rate-making purposes, in the counting of piece-work production by the mien in the yard. They are under the jurisdiction of the engineering-department and punch a time clock in the office. The Company would exclude the piece-work .counters from the unit but agrees that the other counters should be included. The unions would include all counters. The work of the piece-work counters is managerial and administrative. We there- fore find that they should be excluded from the unit. The remain- der of the counters will be included. 4. Shop clerics. Shop clerks are clerical employees employed in the yard or plant offices, and not in the main office. They appear to be on the yard pay roll. The Company apparently desires that they be excluded from the unit. The unions apparently wish them in- cluded. Since their interests appear to be more closely identified with the production and maintenance group than with the office employees, we shall include all shop clerks. 5. Timekeepers. Timekeepers are on the office pay roll. The Com- pany requests that they be excluded from the unit, the unions that they be included if they work a substantial part of their time in the yard. Because their work is almost entirely clerical and because they are identified with the main-office employees, we shall exclude the timekeepers from the unit. 6. Guards or watchmen. The Company employs two types of guards or watchmen. Members of one group are, designated as guards, the other as fire watchers. The former perform the conven- tional functions of guards : property protection, patrolling, tending entrances and exits, fighting fires, and preventing sabotage. They are specially trained, wear uniforms, and are headquartered in a building adjacent to the office. CRAMP SHIPBUILDING COMPANY 151 The fire watchers are stationed about ships in the yard and are engaged in watching burners and welders. They are not uniformed but carry special badges. The Company contends that the guards should be excluded from the unit but agrees that the fire watchers should be included . The unions contend that both groups should be included . The duties of the fire watchers are closely connected with the production work. They will therefore be included in the unit . However, because of the special training of the guards, and because their duties are primarily devoted to policing the entire plant area , we shall exclude the latter from the unit. 7. Office janitors . The Company employs two classes of janitors: office and yard . Although their duties are identical , those in the office are classified as janitors; those in the yard as laborers . The office janitors are on the office pay roll , whereas the yard group is on the yard pay roll. There is no contact between the two groups , and the office janitors are under the same supervisory head as the guards. The Company contends that the office janitors should be excluded from the unit, the yard group included . The unions contend that both groups should be included . Since other employees in the office building are excluded from. the unit found herein , we find that the office janitors should be excluded from the trait . We shall include the remainder of the janitors, since they work in the yard and plant where the produc- tion work is carried on. 8. Powerhouse employees . The Company contends that the power- house and substation employees ' should be excluded from the unit. The unions contend that they should be included , but agree that the chief engineer should be excluded as supervisory . The interests of the powerhouse and substation employees are closely related , to the pro- duction and maintenance group. The powerhouse and substation employees , excluding the chief engineer , will therefore be included in the unit. We find that all production and maintenance employees of the Coin- pany, including apprentices and trainees , yard checkers , yard counters, expeditors , working leaders, yard janitors, fire watchers, powerhouse and substation employees, and shop clerks, but excluding supervisory employees , superintendents , assistant superintendents; foremen, as- sistant foremen , quarter men , leading men, technicians , the engineering force, the chief engineer in the powerhouse , the main-office employees, the medical staff and the employment-office staff , time checkers, piece- work counters , timekeepers, guards, and office janitors , constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to the employees of the Company the full benefit 152 DECISION 'S OF NATIONAL LABOR RELATIONS BOARD of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. TIIE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The parties have agreed that the election should be held on December 5, 1941, if possible, with eligibility to be determined by the pay roll of November 21, 1941, excluding those who have quit or been discharged for cause since that date. We shall give effect to the desires of the parties and direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit employed during the pay-roll period ending November 21, 1941, subject to the limitations and additions set forth in the Direction hereinafter. The A. F. L. wishes to be designated on the ballot as: American Federation of Labor, Metal Trades Council. The C. I. O. wishes to be designated as: Industrial Union of Marine and Shipbuilding Workers of America, Local 42. Both requests are hereby granted. Upon the basis of the above findings of fact and upon 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 Cramp Shipbuilding Company, Phila- delphia, Pennsylvania , within the meaning of Section 9 (c) and Section 2 ( 6) and (7) of the Act. 2. All production and maintenance employees of the Company, including apprentices and trainees , yard checkers , yard counters, expeditors , working leaders, yard janitors, fire watchers , powerhouse and substation employees , and shop clerks , but excluding supervisory employees , superintendents , assistant superintendents , foremen, as- sistant foremen , quarter men , leading men , technicians, the engi- neering force, the chief engineer in the powerhouse ,' the main-office employees , the medical staff and the employment -office staff, time checkers , piece-work counters , timekeepers , guards, and office janitors, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the 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 Rela- tions Act , and pursuant to Article III, Section 8, of National Labor CRAMP SHIPBUILDING COMPANY 153 Relations 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 Cramp Shipbuilding Company, Philadelphia, Pennsylvania, an election by secret ballot shall be conducted on December 5, 1941, or as soon thereafter as possible but not later than thirty (30) clays from the date of this Direction of Election, under the direction and supervision of the Regional Director for the Fourth 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 maintenance employees of the Company, including apprentices and trainees, yard checkers, yard counters, ex- peditors, working leaders, yard janitors, fire watchers, powerhouse and substation employees, and shop clerks, who were employed dur- ing the pay-roll period ending November 21, 1941, including em- ployees 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 temporarily laid off, but excluding super- visory employees, superintendents, assistant superintendents, fore- men, assistant foremen, quarter men, leading men, technicians, the engineering force, the chief engineer in the powerhouse, the main- office employees , the medical staff and the einployment -office staff, time checkers , piece-work counters , timekeepers , guards, and office janitors, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Ameri- can Federation of Labor, Metal Trades Council, or by Industrial Union of Marine and Shipbuilding Workers of America, Local 42, for the purposes of collective bargaining , or by neither. In the Matter of CRAMP SHIPBUILDING COMPANY and AMERIOAN FEDERATION OF LABOR Case No. R-2993 SUPPLEMENTAL DECISION 'AND CERTIFICATION OF REPRESENTATIVES December 23, 1941 On November 29, 1941, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceed- ing.' Pursuant to the Direction of Election, an election by secret ballot was conducted on December 5, 1941, under the direction and supervision of the Regional Director for the Fourth Region (Phil- adelphia, Pennsylvania). On December 8, 1941, the Regional Direc- tor, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. No objections to the conduct of the ballot or the Election Report were filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list_____________________________________ 3, 311 Total ballots cast_________________________________________ 2,983 Total ballots challenged____________________________________ 56 Total blank ballots________________________________________ 4 Total void ballots_________________________________________ 14 Total valid ballots cast____________________________________ Votes cast for C. I. 0. Local 42, Industrial Union of Marine 2,909 Shipbuilding Workers of America________________________ 2,064 Votes cast for A. F. of L., American Federation of Labor, Metal Trades Council____________________________________ 583 Votes cast for Neither_________ __________________ 262 Prior to the issuance of the Decision and Direction of Election, but subsequent to the hearings,2 the Pattern Makers League of North America notified the Board that it had had no notice of the pro- ceedings and requested the exclusion of the pattern makers from the 1 37 N. L. R. B ., No. 19. 2 Hearings on the petition were held on September 11, 1941, and on October 31, 1941. 37 N. L R. B., No. 19a. 154 CRAMP SHIPBUILDING COMPANY 155 appropriate unit. Without making any determination at this time as to whether the Pattern Makers League had due notice of the pro- ceedings, and also without making any determination as to whether the pattern makers constitute a separate appropriate unit, we shall certify the Industrial Union as exclusive bargaining representative within the unit found to be appropriate in the Decision and Direction of Election ; without prejudice, however, to the right of Pattern Makers League of North America to file a petition requesting separate representation for the pattern makers. CERTIFICATION OF REPRESENTATIVES 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Local 42, Industrial Union of Marine and Shipbuilding Workers of America, affiliated with the Congress of Industrial Organizations, has been designated and selected by a ma- jority of the production and maintenance employees of Cramp Ship- building Company, Philadelphia, Pennsylvania, including appren tices and trainees, yard checkers, yard counters, expediters, working leaders, yard janitors, fire watchers, powerhouse and substation em- ployees, and shop clerks, but excluding supervisory employees, super- intendents, assistant superintendents, foremen, assistant foremen, quarter men, leading men, technicians, the engineering force, the chief engineer in the powerhouse, the main office employees, the medical staff and the employment-office staff, time checkers, piece-work counters, timekeepers, guards, and office janitors, as their representa- tive for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Local 42, Indus- trial Union of Marine and Shipbuilding Workers of America, affili- ated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bar- gaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.