Daytona Beach Boat Works, Inc.

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 706 (N.L.R.B. 1943)

In the Matter of DAYTONA BEACH BOAT WORKS, INC. and AMERICAN
FEDERATION OF LABOR
Case No. R-5797.-Decided September 17, 1943
Mr. M. L. Chadwick, of Daytona Beach, Fla., for the Company.
Mr. George H. McGee, of Savannah, Ga., for the A. F. of L.
Mr. Charles Mathias, of Jacksonville, Fla., for the C. 1. O.
Miss Olive N. Barton, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the American Federation of Labor,
herein called the A. F. of L., alleging that a question affecting com-
merce had arisen concerning the representation of employees of Day-
tona Beach Boat Works, Inc., Daytona Beach, Florida, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Erwin C. -Catts, Trial
Examiner. Said hearing was held- at Daytona Beach, Florida, on
August 5, 1943. The Company, the A. F. of L., and Industrial Union
of Marine and Shipbuilding Workers of America, C. I. 0., herein
called the C. I. 0., appeared, participated, and were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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
Daytona Beach Boat Works, Inc., a Florida corporation, is engaged
at its shipyard at Daytona Beach, Florida, in the production of "sub-
'chasers" for the Navy Department. Approximately 75 percent of
52 N. L. R. B., No. 124.
706
DAYTONA BEACH BOAT WORKS, INC; 707'
the $500,000 worth of raw materials purchased during the fiscal year
ending January 31, 1943,'was shipped to the Company from points,
outside of Florida. Finished boats valued in excess of $1,000,000'
were sold during the same period to the United States Navy.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
American Federation of Labor, and Industrial Union of Marine
and Shipbuilding Workers of America, affiliated with the Congress
of Industrial Organizations, are labor organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 20, 1943; the A. F. of L. verbally requested that
the Company enter into collective bargaining relations with it on
behalf of certain employees. The Company refused, through its
president, who stated that it would recognize no union until it had
been certified by the Board.
A statement of the Field Examiner, introduced in evidence at the,,
hearing, indicates that the A. F. of L. and the C. I. O. each represents.
a substantial number of employees within the unit herein found
appropriate.'
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
The parties are agreed that the appropriate unit should consist, in,
general, of production and maintenance employees, excluding super-
visory employees, office employees, and guards. The Company and
the A. F. of L. would also include about 15 electricians who are
employed by the Olson Electric Company, herein called Olson, which
is engaged in performing electrical work on the vessels built by the
Company. The C. I. O. would exclude the electricians. The parties
are also in dispute as to the chauffeur, the Company and C. I. O.
'The Field Examiner stated that the A. F of L submitted 151 authorization-for-
representation cards , of which 148 bore apparently genuine original signatures corresponding
with names on the Company 's pay roll of June 20 , 1943, which pay roll contained the
names of 242 persons in the alleged appropriate unit.' Five cards were undated ; the
remainder were dated in May and June 1943.
The Field Examiner also stated that the C. I. O. had submitted 75 application-for-
membership cards, of which 52 bore apparently genuine original signatures corresponding
with names on the foregoing pay roll . Thirteen cards were undated ; the remainder were.
dated in April , May and June, 1943.
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708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.eontending'he should be excluded, whereas the A. F. of L. urges that
he be included.
The electricians in dispute are clearly employees of Olson. They
are hired, paid, and supervised by Olson. While the Company appears
to have authority to discipline and to recommend the discharge of
the electricians, and any wage increases are subject to approval by
the Company, these facts do not make the electricians employees of
,the Company. For about 7 years Olson has had a contract with
International Brotherhood of Electrical Workers, covering elec-
tricians. The electricians assigned to work on the Company's vessels
are presently covered by this contract. Even assuming that the Com-
pany may be regarded as an employer of the electricians, within the
meaning of the Act, it does not follow that the electricians should be
included in the unit, since they constitute a clearly defined craft and
are presently represented pursuant to contract with a labor organiza-
tion not a party to the present proceeding. We shall therefore exclude
the electricians employed by Olson.
The chauffeur drives a station wagon, transporting personnel of
the Navy Department, small parcels, and injured employees. His
duties are similar in many respects to those of the truck driver, whole
the parties agreed should be included. The Company and the-C. I. O.
advanced no substantial reason for excluding him. We shall include
the chauffeur in the unit.
In accordance with the above and in substantial agreement with the
stipulation of the parties, we find that all production and maintenance
-employees of the Company, including truck drivers, storeroom clerks,
and the chauffeur, but excluding office employees, guards, employees
•of Olson Electric Company, executives, superintendents, foremen, and
any other supervisory employees with authority to hire, promote, dis-
charge, 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 2 '
V. THE DETERMINATION OF REPRESENTATIVES
Since no persuasive reason appears for adopting the date of the
hearing as the date for determining eligibility to vote, as requested
by the C. I. O., we shall direct that the question concerning representa.
tion which has arisen be resolved by an election by secret ballot among
the employees in the apropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
2 Although the parties agreed to include leadmen working with tools , such employees
will be included or excluded pursuant to the foregoing definition of supervisory employees.
DAYTONA BEACH BOAT WORKS, INC. 709
Election 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Re-
lations Board Rules and' Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Daytona Beach
Boat Works, Inc., Daytona Beach, Florida, 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 Tenth 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 those employees who have since quit or been discharged
for cause, to' determine whether they desire to be represented by
American Federation of Labor, or by Industrial Union of Marine
and Shipbuilding Workers of America, C. I. 0., for the purposes of
collective bargaining, or by neither.