Sullivan Dry Dock & Repair Corp.

National Labor Relations Board - Board Decisions

Nov 28, 1941

37 N.L.R.B. 13 (N.L.R.B. 1941)

In the Matter of SULLIVAN DRY DOCK & REPAIR CoR'. and I. B. E. W.,
LOCAL x277, A. F. OF L.
In the Matter of SULLIVAN DRY DOCK & REPAIR CORP . and INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL 13,
C. I. O.
Cases Nos. R-3251 and R-3252.-Decided November 28, 1941
Jurisdiction : ship building and repairing industry.
Investigation and Certification of Representatives : existence of question; refusal
to accord union recognition ; elections necessary.
Unit Appropriate for Collective Bargaining : industrial unit, or industrial and
electricians' craft units; determining factor desires of employees; determina-
tion of, dependent upon elections.
Dow, McAllister d Seymour, by Mr. Gerard W. McAllister, of New
York City, for the Company.
Mr. Samuel Grossman, and Mr. James Slater, of New York City,
for the I. B. E. W.
Mr. Samuel L. Rothbard, of Newark, N. J., for the Industrial Union.
Mr. Stanley L. Drexler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 26, 1941, International Brotherhood of Electrical Work-
ers, Local No. 277, affiliated with the American Federation of Labor,
herein called the I. B. E. W., filed with the Regional Director for the
Second Region (New York City) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Sullivan Dry Dock & Repair Corp., Brooklyn, New York,
herein called the Company, and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Sep-
tember 9, 1941, Industrial Union of Marine and Shipbuilding Work-
ers of America, Local No. 13, affiliated with the Congress of Industrial
Organizations, herein called the Industrial Union, filed a similar
37 N. L. R. B., No. 4.
13
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
petition . On October 22, 1941, the National Labor Relations 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 in each case 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 Regulations , further ordered that the
aforesaid two cases be consolidated.
On October 23, 1941, the Regional Director issued a notice of hearing
copies of which were duly served upon the Company, the I. B. E. W.,
and the Industrial Union. Pursuant to notice , a hearing was held on
November 3, 1941, at New York City, before John J. Cuneo, the Trial
Examiner duly designated by the Chief Trial Examiner . The Com-
pany, the I. B. E. W ., and the Industrial Union were represented and
participated in the hearing . Full opportunity to be heard , to exam-
ine and cross -examine witnesses , and to introduce evidence bearing
on the issues was afforded all parties . During the course of the hear-
ing, the Trial Examiner made rulings on various 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
1. THE BUSINESS OF THE COMPANY
Sullivan Dry Dock & Repair Corp. is a New York corporation. It
maintains its principal offices at Brooklyn , New York, where- it is
engaged in the building and repairing of ships. The principal raw
materials used by the Company are steel and timber. During the
6 months period preceding November 3, 1941, which was a repre-
sentative period in the Company's business , 100 per cent of these
raw materials were purchased by the Company and shipped to it from
places outside of the State of New York. The approximate cost
of the raw materials purchased by the Company during the same
period was $643,462 and the approximate sales price of the ships
built and repaired by the Company was $1,609,235. At the time of
the hearing the Company was engaged to the extent of about 95 per
cent of its total volume of operations, in performing contracts with
the United States Navy, the United States Maritime Commission,
or the United States Coast Guard Quartermaster Corps for the con-
struction and repair of vessels . The Company admits that it is
engaged in commerce within the meaning of the Act.
SULLIVAN DRY DOCK & REPAIR CORP . - 15
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local No. 277,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
Industrial. Union of Marine and Shipbuilding Workers of America,
Local No. 13, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. - THE QUESTION CONCERNING REPRESENTATION
Each union has requested the Company to recognize it as the ex-
clusive representative of the employees of the Company in a unit
which each alleges to be appropriate for the purposes of collective
bargaining. The Company has refused to accord to either union
such recognition unless and until the Board has certified the union
as such exclusive representative. A statement of the Regional Direc-
tor introduced;into.evidence, at,the hearing shows that the I. B. E. W.
and the Industrial Union each represents a substantial number of
employees in the unit which each claims to be appropriate.' -
We find that a question has arisen concerning the representation
of the 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 Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The I. B. E. W. contends that all marine electricians employed
by the Company including snappers,2 mechanics, and helpers 3 but
'The Regional Director's statement shows that the I. B. E. W. submitted 28 applica-
tion cards containing the apparently genuine signatures of persons whose names appeared
on the Company's pay roll of October 7, 1941 This pay roll contains 99 names in the
unit which the I. B E. W. contends to be appropriate. It appears however that-there are
a number of duplications in this pay roll. The Regional Director 's statement also shows
that the Industrial Union submitted 512 application cards of persons whose names ap-
peared on the Company's pay roll of October 7, 1941 Three hundred twenty-five of these
cards bear apparently genuine original signatures and 77 contain printed names. The
Company ' s pay roll of October 7, 1941, contains 1233 names in the unit which the
Industrial Union claims to be appropriate . There are also a number of duplications of
names on this pay roll.
2 A snapper is a strawboss who leads a gang of men . He is without power to hire or
discharge. -
8 The snappers , mechanics, and helpers are all part of the electrical department.
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excluding=all other employees of the Company; constitutea separate
appropriate unit. The Industrial Union contends that all produc-
tion and maintenance employees of the Company, excluding foremen,
subforemen, supervisors, or anyone in an official capacity on a sal-
aried basis, draftsmen, timekeepers, storekeepers, watchmen, guards,
and clerks and office employees, constitute an appropriate unit. The
Industrial Union contends such unit should include the marine elec-
tricians, snappers, mechanics, and helpers. The Company takes no
position as to whether or not the marine electricians, snappers,
mechanics, and helpers should be included with the other employees,
but contends that if an industrial unit is found to be appropriate it
should include draftsmen, timekeepers, storekeepers, watchmen,
guards, and clerks.
The electricians remove, repair, assemble, and install marine elec-
trical apparatus. They work under an electrician's foreman and
constitute a separate and distinct group. On the other hand, the
Company's operations are highly integrated and the work of its
various employees is closely interrelated. Hours and working con-
ditions for all employees are generally uniform throughout the plant.
It appears in addition that industrial units are prevalent in the ship-
building and ship-repairing industry although there has been no
previous history of collective bargaining at this plant. In the light
of the entire record, we are of the opinion that the electricians, snap-
pers, mechanics, and helpers might properly constitute a separate
bargaining unit or that they might function as part of a single indus-
trial unit. Under these circumstances, we are of the opinion that
the desire of these employees themselves is the chief factor in deter-
mining whether they shall constitute a separate unit or become a
part of the industrial unit .4 To ascertain the desires of the employees,
we shall direct an election among all marine electricians employed
by the Company including snappers, mechanics, and helpers, but
excluding all other employees of the Company, to determine whether
they desire to be represented by the I. B. E. W., by the Industrial
Union, or by neither, for the purposes of collective bargaining.
With respect to the question of whether draftsmen, timekeepers,
storekeepers, watchmen, guards, and clerks should be included in an
appropriate industrial unit as contended by the Company, or ex-
cluded as contended by the Industrial Union, it appears that there is
considerable difference between the conditions of work, tenure of
employment, and role in production of these employees and the
remainder of the employees of the Company. We shall exclude
4 See Matter of the Globe Machine & Stamping Co and Metal Polishers Union Local
No. 3; International Association of Machinists , District No. 54; Federal Labor Union
18788, and United Automobile Workers of America, 3 N L R. B. 294 and subsequent cases.
SULLIVAN DRY DOCK & REPAIR CORP. 17
these classes of employees from the production and maintenance
unit . Accordingly , we shall also direct an election among all the
remaining production and maintenance employees of the Company,
excluding foremen, subforemen , supervisors , or anyone in an official
capacity on a salaried basis, draftsmen , timekeepers , storekeepers,
watchmen , guards, and clerks and office employees , to determine
whether or not they desire to be represented by the Industrial Union
for the purposes of collective bargaining.
There will be no final determination of the appropriate unit or
units pending the result of the elections . If a majority of the marine
electricians , snappers ; "mechanics , , and helpers choose the I. B. E. W.,
they will constitute an appropriate unit separate from the remaining
employees of the Company . If a majority in each election unit vote
for the Industrial Union, we shall combine them with the employees
in the industrial unit.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the Industrial Union proposed that employees who
have worked at least 10 days during the period between October 15,
1941, and,November.15,,1941, be eligible to vote in the election. None
of the other parties--o' bjected to-this eligibility test and we believe
that it is a fair one. Accordingly we shall direct that employees of
the Company eligible to vote in the elections shall be those within
the alleged appropriate units who have worked at least 10 days dur-
ing the period between October 15, 1941, and November 15, 1911,
excluding employees who have since quit or been discharged for cause,
subject to the limitations and additions 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 :
CONCLUSION OF L A\V
A question affecting 'commerce has arisen concerning the repre-
sentation of employees of Sullivan Dry Dock & Repair .Corp., Brook-
lyn, Nev York , within the meaning of Section 9 ( c) and Section 2
( 6) and ( 7) of the National Labor Relations 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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
-National Labor Relations Board Rules and Regulations-Series 2, as
amended,•it is hereby
18 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Sullivan Dry Dock & Repair Corp., Brooklyn , New York, elec-
tions 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 supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 9 of said Rules and
Rebulations , among those employees who fall within the 'groups in-
dicated below who have worked at least 10 days during the period
between October 15 , 1941 , and November 15, 1941, excluding em-
ployees who have since quit or been discharged for cause , but includ-
ing employees in the active military service or training of the United
States:
(a) All marine electricians including snappers , mechanics, and
helpers, to determine whether they desire to be represented by
I. B. E. W., Local $k277, A. F. of L., by Industrial Union of Marine
and Shipbuilding Workers of America, Local 13, C. I . 0., for the
purposes of collective bargaining , or by neither;
(b) All the remaining production and maintenance employees of
the Company excluding foremen, subforemen , supervisors or any-
one in an official capacity on a salaried basis, draftsmen , timekeepers,
storekeepers , watchmen , guards, and clerks and office employees, to
determine whether or not they desire to be represented by the In-
dustrial Union of Marine and Shipbuilding Wor'ke'rs'of America,
Local 13 , C. I. 0., for the purposes of collective bargaining.