Eureka Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Mar 9, 1944

55 N.L.R.B. 331 (N.L.R.B. 1944)

In the Matter of EUREKA SHIPBUILDING CORP . and LOCAL 301, UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, A. F. OF L.
Case No. 2-R-1,282.-Decided March 9, 191E4
Proskauer, Rose, Goetz cC Mendelsohn, by Mr. Arthur E. Reyman,
of New York City, for the Company.
Messrs. John Ryan and George A. McKinnon, of New York City,
Mr. Frank Martocci, of Kingston, N. Y., and Messrs. James A. Barr,
and William F. Stanton, of Newburgh, N. Y., for the Carpenters.
Messrs. Max Delson and Charles L. Brecht, of New York City, and
Mr. James G. McKnight, of Newburgh, N. Y., for the Industrial
Union.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Local 301, United Brotherhood of Car-
penters and Joiners of America, A. F. of L., herein called the Carpen-
ters, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Eureka Shipbuilding Corp.,
Newburgh, New York, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before James C. Paradise, Trial Examiner. Said hearing was held
at Newburgh, New York, on January 20 and 26, 1944. The Company,
the Carpenters, and Industrial Union of Marine and Shipbuilding
Workers of America, Local #53, C. I. 0., herein called the Indus-
trial Union, appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. At the hearing the Com-
pany and the Industrial Union moved the dismissal of the petition.
For reasons hereinafter appearing, this motion is hereby granted.
The Trial Examiner's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
55 N. L. R. B., No. 60.
331
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Eureka Shipbuilding Corp., a New York corporation, has its prin-
cipal place of business and plant in Newburgh, New York, where it is
engaged in the construction, repair, and conversion of caissons,
lighters, barges, tugs, and other types of vessels, all of its production
being for war purposes. The vessels upon which the Company works
are used in domestic, inter-coastal and foreign commerce. The, Com-
pany purchased during the past year material valued in excess of
$100,000, of which approximately 25 percent cane from sources out-
side the State of New York. The value of construction and repairs
to vessels during the past year was in excess of $250,000, of which
more than 50 percent was for vessels which were transported outside
the State of New York. The Company concedes that it is engaged in
commerce within the meaning of the National Labor Relations At.
H. THE ORGANIZATIONS INVOLVED
Local 301, United Brotherhood of Carpenters and Joiners of Amer-
ica, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
Industrial Union of Marine and,Slupbuilding Workers of America,
Local #53, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. THE ALLEGED APPROPRIATE UNIT
The Carpenters seeks a unit composed of all employees listed as
carpenters on the Company's pay roll, including helpers, but excluding
foremen and other supervisors. The Industrial Union and the Com-
pany contend that the craft unit sought by the Carpenters is not an
appropriate one, but that the appropriate unit is industrial in scope.
The Company commenced operations in March 1942. The Indus-
trial Union entered into collective bargaining negotiations with the
Company within a few months thereafter, and obtained a contract
covering the Company's employees in an industrial unit, which con-
tract was automatically renewed on or about October 1, 1943, and is
presently in effect. The Industrial Union has represented workers
of all crafts in the yard in its collective bargaining negotiations with
the Company and in the handling of grievances.
The record discloses that by reason of the nature of the Company's
operations, there is considerable intermingling and overlapping of
EUREKA SHIPBUILDING CORP. 333
work among the various crafts in the yard. In the early stages of
operations in connection with the conversion of a vessel it is necessary
that workers of a number of crafts, including carpenters, be employed
solely as laborers in ripping out and cleaning up parts of the interior.
In the subsequent process of conversion, the extent of the work of the
several crafts varies, so that the work of any particular craft pre-
dominates only during a portion of the reconstruction process. Con-
sequently, carpenters are frequently employed at other work such as
shipfitting, and in some instances workers employed as shlpfitters
engage in carpenter work. The Company's supervisor of conversion
testified at the hearing that although the amount of carpenter work
varies, the Company tries to keep available a permanent crew of car-
penters, and that as a result some may spend their entire time at car-
pentry, while others may do little or no carpenter work during the
course of operations on a particular ship.
In view of the considerable employment of carpenters at other work,
and their intermingling with other crafts, as well as the history of
bargaining on an industrial basis in the Company's yard, we find that
the unit herein sought is not appropriate for the purposes of collec-
tive bargaining.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as pointed out in Section III, above, the bargaining unit
sought to be established by the petition is inappropriate for the pur-
poses of collective bargaining, we find that no question has been raised
concerning the representation of employees in an appropriate unit.
Accordingly, we shall dismiss the petition.
ORDER
Upon the basis of the above findings of fact and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Eureka Shipbuilding Corp., Newburgh, New York,
filed by Local 301, United Brotherhood of Carpenters and Joiners of
America, affiliated with the American Federation of Labor, be, and
it hereby is, dismissed.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Order.
1 See Matter of Justus Peterson, 46 N. L R B 1049 ; Matter of Dooley's Basin h Dry
Dock, Inc, 43 N L R. B. 745 ; Matter of Robert Jacobs, Inc., 32 N L R B 646.