Luders Marine Construction Co.

National Labor Relations Board - Board Decisions

May 12, 1941

31 N.L.R.B. 757 (N.L.R.B. 1941)

In the Matter of LUDERS MARINE CONSTRUCTION COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE AMER-
ICAN FEDERATION OF LABOR
Case No. R-2484.-Decided May 12, 1941
Jurisdiction : shipbuilding industry.
Investigation and Certification of Representatives : existence of question: stip-
ulated ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including working foremen, but excluding officers, foremen, draftsmen,. i
office employees, temporary construction workers, and, other temporary em-
ployees.
Temporary employees excluded from the unit, notwithstanding claims
of unions involved that they are part of the appropriate unit where they
are doing a different type of work than that performed by the bulk of
employees ; where their work is clearly temporary, in nature ; and where,
other temporary employees hired since the date of the hearing are ex-
pressly excluded by stipulation of the parties.
Mr. Alfred E. Luders, Jr., of Stamford, Conn., for the Company.
Mr. Fred Cederholm, of Bridgeport, Conn., and Mr. Albert W.
Bradt, of Stamford, Conn., for the I. A. M.
Mr. Gavin MacPherson, of New York City, for the Industrial
Union.
Mr. Herbert 'Shenkin, of counsel to the Board.
DECISION
AND '
DIRECTION •OF ELECTION
STATEMENT OF THE CASE
On December 7, 1940; International Association of Machinists,
affiliated with the American Federation of Labor, herein called the
I. A. M., filed with the Regional Director for the Second Region
(New York City) a petition,-and on March 13, 1941, an amended peti-
tion, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Luders Marine Construc-
tion Company,,, Stamford,,, Connecticut, herein called the company,
and requesting an"investigation and certification of representatives,
pursuant to Section 9 (c) of the National Labor Relations Act, 49'
31 N. L. R. B., No. 126.
757
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Stat. 449, herein called the Act. On March 29, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, 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 on due notice.
On April 11, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the I. A. M.,
and the Industrial Union of Marine and Shipbuilding Workers of
America, Local 38,' affiliated with the Congress of Industrial Organi-
zations, herein called the Industrial Union. a labor organization
claiming to represent employees directly affected by the investigation.
Pursuant to the notice, and an amended notice changing the place of
hearing, a hearing was held on April 21, 1941, at Stamford, Connecti-
cut, before Christopher W. Hoey, the Trial Examiner duly desig-
nated by the 'Chief Trial Examiner. The Company, the I. A. M.,
and the Industrial Union appeared by their representatives and par-
ticipated in the hearing. Full opportunity to be heard, to examine
and-cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and on objec-
tions to the admission of 'evidence. • The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed. -
Upon the entire record in the case, the Board makes the folloiviiig :
FINDINGS OF FACT
I. THE BUSINESS . OF THE COMPANY
Luders Marine Constructiopi Company! is a,Newl York corporation
with its principal office and place of business at Stamford, Con-
necticut. It is engaged. in, the. operation. of, a shipyard situated in ,
Stamford Harbor on Long Island Sound where it completely fabri-
cates ^ steel land' wooden- vessels of ',0l' descriptions up to 170' feet in
leiigth. Approximately 80 per'cent'df"tlie i'a* -materials used by- the-
Company in 'its business' is shipped to' the 'Company from^'points'
outside,