Ackerman Boat Co.

National Labor Relations Board - Board Decisions

Aug 4, 1944

57 N.L.R.B. 1069 (N.L.R.B. 1944)

In the Matter , of ACKERMAN BOAT COMPANY and THE Los ANGELES
METAL TRADES COUNCIL , A. F. OF L.
Case No. 21-R-2367 .-Decided August 4, 1944
Messrs. Edgar R. Hill and D. M. Hwmmel, of Newport Beach, Calif.,
for the Company.
Mr. David R . Sokol, of Los Angeles , Calif., for the Union:
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by The Los Angeles Metal Trades Coun-
cil, affiliated with the American Federation of Labor; herein called
the Union, alleging that a question affecting commerce had, arisen
concerning the representation of employees of Ackerman Boat Com-
pany, Newport Beach, California, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before George H. O'Brien, Trial Examiner. Said
hearing was held' at Los Angeles, California, on July' 7, 1944. The
Company and the Union appeared and participated.' All parties
were afforded full opportunity to be heard, to examine' and cross-
examine witnesses, and to introduce evidence bearing, on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
L THE BUSINESS OF, THE COMPANY
Ackerman Boat` Company is a California corporation engaged in
building boats for the United States Army,and .Navy. During the
I Marine & Shipbuilding Workers of America, Local No. 9, affiliated with the Congress of
Industiial Organizations, also served with notice,' did not appear at the hearing.
57 N. L. R. B., No. 155. ,
1069
1070 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
year ending April 30, 1943, the' Company purchased materials in ex-
cess of $500,000 in value of which 10 percent was purchased outside
the State of California.
We find,that the Coi apany is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
1
The Los Angeles Metal Trades Council is a labor organization affil-
iated with the American Federation of Labor, admitting to member-
ship employees of the Company.
III. THE QUESTION ,CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its production and mainte-
nance employees until the Union has been certified by the Board in
an appropriate unit. .
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in'accordance with the stipulation of the parties, that all
production and maintenance employees of the Company, including
leadmen, but excluding all office employees, engineering draftsmen,
clerical help, guards, _ foremen, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a' unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an.election by, secret ballot among the em-
ployees in the appropriate unit who were employed-during the pay-roll
period immediately preceding the'date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
Y The Field Examiner reported that the Union submitted 159 authorization cards There
are 303 employees in the appropriate unit . Theie were 6 cards dated prior to November
12, 1943, 133 cards dated between February and June 1944 , and 20 cards undated.
ACKERMAN BOAT COMPANY
DIRECTION OF ELECTION
1071
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 9, of National Labor Rela
tions Board Rules and Regubitions-Series 3, as amended, it is hereby
'DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ackerman Boat
Company, Newport Beach, California, an election 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 super-
Vision of the Regional Director for the Twenty-first Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions,•among'the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during the said ,pay-roll period because they were ill or on
vacation or temporarily laid off; and including employees in the
armed forces of the United States who present themselves in person
at the polls , but excluding those employees who have since quit or been
discharged for cause and, have not been, rehired or reinstated prior
to the date of the election, to determine whether or not they desire to
be represented by The Los Angeles Trades Council, A. F. of L. for the
purposes of collective bargaining.
CHAIRMAN Miu is took no part in the consideration of the above
Decision and Direction of Election.