Merrill-Stevens Dry Dock Co.

National Labor Relations Board - Board Decisions

Sep 20, 1941

35 N.L.R.B. 587 (N.L.R.B. 1941)

In the Matter of MERRILL-STEVENS DRY DOCK COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH AMERICAN
FEDERATION OF LABOR
In the Matter of MERRILL -STEVENS DRY DOCK COMPANY and UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , AFFILIATED
WITH AMERICAN FEDERATION OF LABOR
In the Matter Of MERRILL -STEVENS DRY DOCK COMPANY and INTER-
NATIONAL BROTHERHOOD of BOILERMAKERS , IRON SHIPBUILDERS AND
HELPERS OF AMERICA, AFFILIATED WITH AMERICAN FEDERATION OF
LABOR
In the Matter of MERRILL-STEVENS DRY DOCK COMPANY and INTER-
NATIONAL BROTHERHOOD OF PAINTERS , PAPERHANGERS AND DECORA -
TORS OF AMERICA , LOCAL UNION No. 365, AFFILIATED WITH AMERICAN
FEDERATION OF LABOR
Cases Nos. R-803 to R-3806 inclusive. Decided September 20, 1941
Jurisdiction : boat maintenance and repair industry.
Investigation and Certification of Representatives : existence of questions: re-
fusal of Company to grant exclusive recognition ; elections necessary.
Units Appropriate for Collective Bargaining : separate craft units comprising:
(1) machinists, machinists' helpers and apprentices, pipe fitters, and elec-
trician and machinist, excluding plumbers and tinsmiths, riggers, and ma-
chinists' foreman ; (2) carpenters, carpenters' helpers, caulkers, and riggers,
excluding carpenters' foreman; (3) electricians and helpers, excluding elec-
trical foreman ; and (4) welders, welders and helpers, welder and blacksmith,
blacksmiths, and machinists' helpers working as welders' helpers.
Messrs. Evans, Mershon & Sawyer, by Mr. R. B. Cole and Mr.
A. M. Bal f e, of Miami, Fla., for the Company.
Mr. J. F. Anderson, of Washington, D. C., and Mr. H. C. Summers,
of Nashville, Tenn., for the I. A. M.
Mr. William W. Stanton, of Miami, Fla., for the Carpenters.
Mr. E. G. Marshall, of Miami, Fla., for the Boilermakers.
Mr. Fred Hatcher, of Miami, Fla., and Mr. A. E! Lip ford, of
Birmingham, Ala., for the I. B. E. W.
Mr. Harry Cooper, of counsel to the Board.
35 N. L. R. B., No. 133.
5S7
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588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On June 16, 1941, International Association of Machinists, affili-
ated with American Federation of Labor, herein called the I. A. M.,
filed with the Regional Director for the Fifteenth Region (New
Orleans, Louisiana) -a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Merrill-Stevens Dry Dock Company, Miami, Florida, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On June 19, 1941,
United Brotherhood of Carpenters and Joiners of America, herein
called the Carpenters, International Brotherhood of Boilermakers,
Iron Shipbuilders and Helpers of America, herein called the Boiler-
makers, and International Brotherhood of Painters, Paperhangers
and Decorators of America, Local Union No. 365, herein called the
Painters, labor organizations affiliated with the American Federation
of Labor, each filed a similar petition. On July 12, 1941, the Na-
tional Labor Relations Board, herein called the Board, acting pur-
suant 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
upon due notice, and, acting pursuant to Article III, Section 10 (c)
(2), of said Rules and Regulation, ordered that the cases be con-
solidated.
On July 17, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the I. A. M.,
the Carpenters, the Boilermakers,' and the Painters. Pursuant to
notice, a hearing was held on July 25, 1941, at Miami, Florida, before
Charles A. Kyle, the Trial Examiner duly designated by the Chief
Trial Examiner. At the hearing International Brotherhood of
Electrical Workers, Local Union No. 349, affiliated with American
Federation of Labor, herein called the I. B. E. W., filed a petition for
investigation and certification' of representatives and intervened in
the proceeding. The Company, the I. A. AT., the Carpenters, the
Boilermakers, and the I. B. E. W. were represented by counsel or
official representatives and participated in the hearing. During the
course of the hearing, the Carpenters' official representative, in be-
half of the Painters, requested leave to withdraw the Painters' petition.
The Trial Examiner referred this request to the Board°for a ruling
MERRILL-STEVENS DRY DOCK COMPANY 589
thereon. The request is hereby granted. 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 the hearing the Trial Examiner made a number of rulings
on motions and on objections 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 following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Merrill-Stevens Dry Dock Company is a corporation whose office
and place of business is located at Miami, Florida. The Company is
engaged in the repair and maintenance of small boats up to 200
feet in length. During its last fiscal year the Company purchased
outside the State of Florida materials having a total purchase value
between $50,000 and $75,000. Certain of these materials, namely,
lumber, steel, brass, copper, lead, zinc, linseed oil, turpentine, cotton,
and oakum, having an approximate purchase value of $9,000, consti-
tuted about 90 per cent of such materials used by the Company. The
Company operates tugboats which are used in commerce between
Miami and the Bahama Islands. The Company admits that it, is
engaged in commerce within the meaning of the Act. The Company
employs between 180 and 200 employees.
H. THE ORGANIZATIONS INVOLVED
International Association of Machinists, United Brotherhood of
Carpenters and Joiners of America, International Brotherhood of
Boilermakers, Iron Shipbuilders and Helpers of America, and Inter-
national Brotherhood of Electrical Workers, Local Union No. 349,
are labor organizations affiliated with the American Federation of
Labor, admitting employees of the Company to membership.
III. THE QUESTIONS CONCERNING REPRESENTATION
In June 1941 the I. A. M. undertook the organization of the Com-
pany's employees without regard to craft divisions. On June 7 and 9
it requested of the Company recognition as exclusive bargaining
representative of the employees. The Company refused to grant
such recognition. Thereafter the I. A. M. sought only to represent
machinists, and each of the organizations involved herein filed a
petition, seeking to represent the employees within their respective
jurisdictions. From a statement of the Regional Director introduced
in evidence, and from a statement of the Trial Examiner made at
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the hearing, it appears that each of the labor organizations represents
a substantial number of employees in the units hereinafter found to be
appropriate for the purposes of collective bargaining.'
We find that questions have arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION
UPON. COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
between a foreign country and a State, and tend to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
V. THE APPROPRIATE UNITS
The Company operates two repair yards which are on opposite sides
of a river, and a storage yard. The employees are all hired at the
main yard but are employed interchangeably at either of the repair
yards or storage yard or on shipboard. There has been no bargain-
' ing by the Company in the past with any labor organization. The
Company contends that all of its employees except supervisory and
clerical employees constitute the appropriate bargaining unit. The
unions assert that separate craft units of employees within their
respective jurisdictions, as noted below, are appropriate for the
' The-statement of the Regional Director indicates that there were submitted to him by
the I . A M 44 signed authorization cards , dated between June 1 and 7, 1941, all of
which appeared , to bear genuine original signatures . Forty-three of the 44 signatures were
the names of persons listed on the Company 's June 6 pay roll , and 22 of the 44 signatures
were the names of persons listed on the Company 's June 20 pay roll . The June 6 pay roll
indicates that there were as of that date 115 employees in the unit which the I. A. M.
contends is appropriate , and the pay roll of July 23 indicates that there were as of that
date approximately 75 employees in such unit.
The Carpenters submitted 11 signed authorization cards dated between June 1 and 7, 1941,
bearing apparently genuine original signatures . Ten of these signatures are the names
of persons listed on the June 6 pay roll ; six are the names of persons listed on the June 20
pay roll . The June 6 pay roll indicates that there were as of that date about 47 em-
ployees, and the July 23 pay roll indicates that there were as of that date about 55
employees in the unit claimed by the Carpenters
The Boilermakers submitted a petition dated June 21, 1941, purporting to authorize
that organization to represent the 19 signatories thereto. The 19 signatures were ap-
parently genuine and original , and 5 of them were the names of persons listed on the
June 20 pay roll. The June 20 and July 23 pay rolls indicate that there were on each
of those dates about 22 employees in the unit claimed by the Boilermakers.
At the hearing the I . B. E. W. submitted 17 authorization cards, the signatures to which
appeared to be genuine and original Fifteen of the signatures were the names of persons
listed on the June 6 pay roll ; 11 of the signatures were the names of persons listed on
the June 20 pay roll. The Company's June 6, June 20, and July 23 pay rolls indicate
that there were as of those dates approsim'ately 10, 9, and 6 employees , respectively, in
the unit claimed by the I. B. E. W.
MERRILL-STEVENS DRY DOCK COMPANY 591
purposes of collective bargaining. There do not appear to be any
conflicting jurisdictional claims among the craft unions. In view
of the present state of self-organization of the Company's employees
along craft lines, the absence of a history of collective bargaining,
and the other circumstances noted herein, we find that the craft units
are at this time appropriate for the purposes of collective bargaining.
The I. A. M. requests a unit composed of machinists, machinists'
helpers and apprentices, pipe fitters, and an employee classified as
electrician and machinist. It appears that,the work of the two pipe
fitters in the Company's employ is closely allied with that of the
machinists, and that a representative of the pipe fitters' local union
agreed that the pipe fitters might be represented by the I. A. M.
The employee classified as electrician and machinist appears to per-
form more machinists' work than electricians' work. The I. A. M.
and the Company agree on the exclusion from the I. A. M. unit of
plumbers and tinsmiths, riggers,2 and machinists' foreman.
We find that machinists, machinists' helpers and apprentices, pipe
fitters, and electrician and machinist, excluding plumbers and tin-
smiths, riggers, and machinists' foreman, constitute a unit appro-
priate for the purposes of collective bargaining.
The Carpenters requests a unit consisting of carpenters, carpenters'
helpers, caulkers, riggers ,3 and carpenters' foreman. The carpenters
are engaged in making repairs on hulls and superstructures, while
the caulkers drive cotton and oakum into seams to make the hulls of
the boats tight. The carpenters' foreman has the authority to hire
and discharge employees. The Company stipulated that he might be
included in the Carpenters' unit. However, since he is a major su-
pervisory employee, we shall exclude him from the Carpenters' unit.4
We find that carpenters, carpenters' helpers, caulkers, and riggers,
excluding carpenters' foreman, constitute a unit appropriate for
the purposes of collective bargaining.
The I. B. E. W. requests a unit composed of electricians and help-
ers, excluding the electrical foreman. The Company did not state
its position regarding the electrical foreman, and the record does
not disclose his duties or authority. He will be excluded' from the
I. B. E. W. unit.
z See footnote 3
By the term rigger , the Carpenters refers to ship carpenters engaged in making and
installing spars, booms , and masts of wood. It appears that the Company does not
presently employ any of this type of worker , but the Carpenters wishes to include any
who may be hired before the election is held The four riggers employed by the Company
are engaged in splicing wire. Apparently none of the organizations involved herein claims
jurisdiction over them
'Matter of James E. Stark Company and Upholsterer's International Union of North
America, Local No 255, 33 N. L R B 1076.
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that electricians and helpers, excluding electrical fore-
man, constitute a unit appropriate for the purposes of collective
bargaining.
The Boilermakers requests a unit consisting of employees classified
as welders, welders and helpers, welder and blacksmith, and black-
smiths. Apparently all these employees have been engaged in boiler-
makers' work. There appears to be some question regarding the
classification of certain employees listed on the Company's pay roll
as machinists' helpers.5 The Boilermakers' representative testified
that, although these employees are listed as machinists' helpers, they
are at the present time working as welders' helpers and should be
included in the Boilermakers' unit. This testimony is not disputed,
and apparently the 1. A. M. does not contest the inclusion in the
Boilermakers' unit, of machinists' helpers working as welders'
helpers. We shall include such employees in the Boilermakers' unit.'
We find that welders, welders and helpers, welder and blacksmith,
blacksmiths, and machinists' helpers working as welders' helpers,
constitute a unit appropriate for the purposes of collective
bargaining.
We further find that the foregoing units will insure to the em-
ployees of the Company the full benefit of their ,right to self-
organization and collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions which have arisen concerning the repre-
sentation of employees of the Company can best be resolved by elec-
tions by secret ballot. We shall direct that those eligible to vote
in the elections shall be those employees in the appropriate units
who were employed during the pay-roll period immediately preceding
the date of the Direction of Elections herein, subject to such limita-
tions and additions as are set forth in the Direction.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Merrill-Stevens Dry Dock Company,
Miami, Florida, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the Act.
" Namely, John Pope, Philip Young, John R. Young , and Robert Wylie.
6 The record indicates that helpers from time to time are transferred from one kind of
craft work to another , and that other employees listed as helpers are not accurately
classified on the Company ' s pay roll . We find that the nature of work performed by
helpers on the eligibility date shall determine the craft unit in which they shall vote.
MERRILL-STEVENS DRY DOCK COMPANY 593
2. Machinists, machinists' helpers and apprentices, pipe fitters,
and electrician and machinist, employed by the Company, excluding
plumbers and tinsmiths, riggers, and machinists' foreman, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
3. Carpenters, carpenters' helpers, caulkers, and riggers, employed
by the Company, excluding carpenters' foreman, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
4. Electricians and helpers employed by the Company, excluding
electrical foreman, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
5. Welders, welders and helpers, welder and blacksmith, blacksmiths,
and machinists' helpers working as welders' helpers, employed by the
Company, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTIONS
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 8, of National Labor 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 Merrill-Stevens Dry Dock Company, Miami, Florida, elections
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 direc-
tion and supervision of the Regional Director for the Fifteenth 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 employees of the Company in each of the four following
groups who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during such 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 employees who have since quit or
been discharged for cause :
1. Machinists, machinists' helpers and apprentices, pipe fitters, and
electrician and machinist, excluding plumbers and tinsmiths, riggers,
and machinists' foreman, to determine whether or not they desire to
be represented for purposes of collective bargaining by International
Association of Machinists, affiliated with American Federation of
Labor ;
594 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD
2. Carpenters , carpenters ' helpers, caulkers , and riggers , excluding
carpenters' foreman , to determine whether or not they desire to be
represented for purposes of collective bargaining by United Brother-
hood of Carpenters and Joiners of America, affiliated with American
Federation of Labor;
3. Electricians and helpers , excluding electrical foreman, to deter-
mine whether or not they desire to be represented for purposes of col-
lective bargaining by International Brotherhood of Electrical Workers,
Local Union No. 349, affiliated with American Federation of Labor;
and
4. Welders , welders and helpers, welder and blacksmith, black-
smiths, and machinists ' helpers working as welders' helpers, to deter-
mine whether or not they desire to be represented for purposes of
collective bargaining by International Brotherhood of Boilermakers,
Iron Shipbuilders and Helpers of America , affiliated with American
Federation of Labor.