Stephen Ransom, Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1938

5 N.L.R.B. 689 (N.L.R.B. 1938)

In the Matter of STEPHEN RANSOM, INC. and INDUSTRIAL UNION OF
MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL No. 13
Case No. R-530.-Decided February 28, 1938
Ship Maintenance and Repair Industry-Investigation of Representatives:
controversy concerning representation of employees : rival organizations ; refusal
of employer to recognize petitioning union as exclusive bargaining representa-
tive; prior strike-Unit Appropriate for Collective Bargatning: all employees,
exclusive of timekeepers , office and clerical employees , janitors and janitresses,
draftsmen and engineering department employees, watchmen , and salaried per-
sons in executive or supervisory positions who do not work with tools-Elec-
tcon Ordered
Mr. Richard Hickey, for the Board.
Mr. Arthur J. Hoffman, of New York City, for the Company.
Mr. Hyman N. Glickstein, of New York City, for the Union.
Mr. R. N. Johnson, Mr. Abraham Fisch, and Mr. David E. Klein-
man, all of New York City, for the I. L. A.
Mr. D. R. Dimick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 22, 1937, Industrial Union of Marine and Shipbuild-
ing Workers of America, Local No. 13, herein called the Union, filed
with the Regional Director for the Second Region (New York City)
it petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Stephen Ransom, Inc.,
New York City, herein called the Company, and requesting an inves-
tigation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On October 25, 1937, 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 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On December 7, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
689
690
NATIONAL LABOR RELATIONS BOARD
the Union, upon the International Longshoremen's Association, and
upon the Marine Workers Metal Trades District Council. Subse-
quently, International Longshoremen's Association, Local No. 1474,
herein called the I. L. A., a labor organization claiming to represent
employees directly affected by the investigation, received notice of the
hearing. Pursuant to the notice, a hearing was held on December 15,
1937, at New York City, before H. R. Korey, the Trial Examiner duly
designated by the Board. The Board, the Union, and the I. L. A.
were represented by counsel, and the Company was represented by
its president. All participated in the hearing. The Marine Workers
Metal Trades District Council, which was served with notice of the
hearing, did not appear or participate in the proceedng. Full op-
portunity to be heard, to examine and to cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
After a few preliminary matters were discussed the hearing, upon
consent of the parties, was adjourned until December 20, 1937. Dur-
ing the course of the hearing on December 20, 1937, a motion was
made by the Union to amend the petition so that the bargaining unit
claimed to be appropriate by the petitioner would include "all work-
ers . . . with the exception of salaried persons in executive or super-
visory positions who do not work with tools, timekeepers, office and
clerical employees, janitors and janitresses, draftsmen and engineer-
ing department employees." The motion was granted, and the ruling
of the Trial Examiner thereon is hereby affirmed. No other motions
or objections to the admission of any evidence were made at the
hearing.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Stephen Ransom, Inc., is a corporation organized under the laws
of the State of New York in 1921, having its plant and office located
in New York City. The Company is engaged in the business of
repairing ships. It repairs mainly vessels which are docked at
steamship company piers in the New York harbor, and a small per-
centage on the New Jersey shore. Approximately 78 per cent of the
vessels so repaired by the Company are ocean-going, 20 per cent
coastal, and 2 per cent New York harbor craft. Steel plate, iron
pipe, brass pipe, lead pipe, bolts, rivets, and steel shapes constitute-the
principal raw materials used by the Company in its business. 'Al-
though only approximately 5 per cent of the raw materials. are pur-
chased by the Company outside of the State of New York,' about 75-
Boatd Exhibit No 4.
DECISIONS AND'ORDERS 691
per, cent of the raw materials used' in the Company's business, which
are purchased through a local jobber, are shipped from States other
than New York and foreign countries. The amount of money ex-
pended by the Company for such raw materials during the past year
was approximately $60,000.00. The gross business of the Company
for the year 1937 is estimated at $200,000.00.
II. THE ORGANIZATIONS INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America,
Local No. 13, is a labor organization affiliated with the Committee for
Industrial Organization. The record is silent as to the classes of the
Company's employees eligible for membership in this organization.
International Longshoremen's Association, Local No. 1474,2 is a
labor organization affiliated with the American Federation of Labor.
The record is silent as to the classes of the Company's employees
eligible for membership in this organization.
III. THE QUESTION CONCERNING REPRESENTATION
On June 14, 1937, a strike was declared at the Company's plant,
which continued until it was terminated by the Union on August
18, 1937. Throughout the period of the strike business at the plant
was suspended. The Union contended the strike was called as a result
of the refusal of the Company to bargain collectively with the Union.
The Company contended, however, that no negotiations or demands
were made by the Union prior to the time the strike was called.
During the course of the strike and following its termination on
August 18, 1937, the Union made a number of efforts to secure recog-
nition and to bargain collectively with the Company, but in each
instance such efforts were unsuccessful. The Company refused to
recognize the Union as the exclusive bargaining representative of its
employees at all times since the strike and up to and including the
date of the hearing.
Prior to June 14, 1937, the I. L. A. did not claim any of the Com-
pany's employees, but subsequent to the termination of the strike a
substantial number of the employees of the Company joined the
I. L. A. and on that basis the I. L. A. endeavored, during the months
of September and October, to bargain with the Company. However,
such attempts on the part of the I. L. A. to enter into collective
bargaining negotiations, as the exclusive bargaining representative of
2 It does not clearly appear from the record whether International Longshoremen's
Association , Local No. 1474 . is the full and complete naive of the labor organization, or
whether this union should be designated as the General Maintenance Workers, Inter-
national Longshoremen 's Association , Local No . 1474 The latter name will be used to
designate the correct name of the organization.
692 NATIONAL LABOR RELATIONS BOARD
the Company's employees, met with no success. At the time of the
hearing the I. L. A. disputed the claim that the Union represented a
majority of the employees of the Company. The Company refused
to recognize the I. L. A. as the collective bargaining representative
of its employees.
We find that a question has arisen concerning 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 Com-
pany described in Section I above, has a close, intimate, and sub-
stantial relation to trade, traffic, and commerce among the several
States, and tends to lead to labor disputes burdening and obstruct-
ing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the Union, the I. L. A., and the Company agreed
that the unit appropriate for purposes of collective bargaining should
consist of all employees of the Company, exclusive of timekeepers,
office and clerical employees, janitors and janitresses, draftsmen and
engineering department employees, and salaried persons in executive
or supervisory positions who do not work with tools. Upon oral
motion made by the Union the petition was amended so as to desig-
nate such employees as constituting the unit claimed appropriate by
the petitioner. No objection was made by the I. L. A. or the Com-
pany to the amendment of the petition.
It is to be noted in the original petition watchmen are also ex-
cluded from the unit claimed appropriate. No mention is made of
watchmen in the amended petition or in the appropriate unit as
agreed upon by the parties. On the basis of the discrepancy exist-
ing in the two petitions, and since the duties, qualifications, and
responsibilities of watchmen differ so materially from those of other
employees, we conclude watchmen should also be excluded from the
appropriate unit. We see no reason for altering the unit agreed
upon by the parties, and shall, therefore, adopt it.
We find that all of the employees of the Company, excluding time-
keepers, office and clerical employees, janitors and janitresses, drafts-
men and engineering department employees, watchmen, and sal-
aried persons in executive or supervisory positions who do not
work with tools, constitute a unit appropriate for the purposes of
collective bargaining and that said unit will insure to employees
DECISIONS AND ORDERS 693
of the Company the full benefit of their right to collective bargain-
ing and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
On December 17, 1937, at the New York' offices of the National
Labor Relations Board, a check of the pay rolls of the Company
and of the Union's cards was conducted by Arthur J. Hoffman, pres-
ident of the Company, and Charles George, organizer for the
Union. The following tabulated results were certified by the Com-
pany and by the Union : a
For pay roll week ending-
Total
number of
Number of
employees
employees' belonging to
the Union
June 9----------------------------------------------------------------------- 76 38
June 16---------------------------------------------------------------------- 74 40
September 22---------------------------------------------------------------- 62 33
December 15---------------------------------------------------------------- 46 31
I Exclusive of men working for the Company on a salary basis.
It appears from the record the representative for the I. L. A. was
not present at the National Labor Relations Board's offices when the
check of the pay rolls was conducted, and that no attempt was made
to verify or in any way check the genuineness of the signatures of the
employees of the Company appearing on the Union cards.4 Although
there is no affirmative statement or direct testimony showing that all
of the employees of the Company, whose names appear on the cards,
are employees within the unit which we have found to be appropriate
for the purpose of collective bargaining, the implication is clear from
the record that such employees do fall within the appropriate unit.
In addition to the employees whose names were considered when
the pay-roll count was made, the Union, by reason of the amended
petition, also claims ten employees who work for the Company and
who are paid on a salary basis.
The I. L. A. claims 52 employees of the Company who became mem-
bers of the I. L. A. during the months of August and September.
The record is silent with respect to whether or not the employees of
the Company, who are members of the I. L. A., are employees within
the unit found to be appropriate.
It is clear, therefore, that there is not a sufficient basis for the
Board, without an election, to certify either the Union or the I. L. A.
as the exclusive bargaining representative of the employees of the
Company in the appropriate unit.
8 Board Exhibit No. 5. 0
11 The record does not indicate whether the Union cards were In fact membership cards
or merely applications for membership in the Union.
694 NATIONAL LABOR RELATION S BOARD
During the hearing the Union aiid the I. L. A. entered into a stipu-
lation, in which the Company acquiesced, that all of the workers-com.-
ing within the bargaining unit and whose names appear either on the
pay roll of June 9, 1937, or on the pay roll of December 15, 1937,
should be permitted to vote.
We find that the question which has arisen concerning the repre=
sentation of employees of the Company can best be resolved by the
holding of an election by secret ballot. Those eligible to vote .in such
election shall be employees in the appropriate unit, who were on,either
the Company's pay roll of June 9, 1937, or December 15, 1937.
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 Stephen Ransom, Inc., New York City,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All employees of the Company, excluding timekeepers, office and
clerical employees, janitors and janitresses, draftsmen and engineer-
ing department employees, watchmen, and salaried persons in execu-
tive or supervisory positions who do not work with tools, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations 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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, 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 Stephen Ransom, Inc., New York City, an election by secret
ballot shall be conducted within fifteen (15) days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Second Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, See-
tioii 9, of said Rules and Regulations, among all the employees of
Stephen Ransom, Inc., whose names appear either on the Company
pay roll of June 9, 1937, or on the Company pay roll of December
15, 1937, excluding timekeepers, office and clerical employees, janitors
and janitresses, draftsmen and engineering department employees,
DECISIONS AND ORDERS 695
watchmen, and salaried persons in executive or supervisory positions
who do not work with tools, to determine whether they desire to be
represented by Industrial Union of Marine and Shipbuilding Workers
of America, Local No. 13, affiliated with the Committee for Indus-
trial Organization, or by General Maintenance Workers, International
Longshoremen's Association, Local 1474, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither. 0
80535-38-45