Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Feb 16, 1944

54 N.L.R.B. 1387 (N.L.R.B. 1944)

In the Matter of BETHLEHEM STEEL COMPANY , SHIPBUILDING DIVISION,
(HOBOHEN YARD ) and MARINE DRAFTSMEN ASSOCIATION AT BETHLE-
HEM STEEL COMPANY , SHIPBUILDING DIVISION (HOBOIEN YARD)
AFFILIATED WITH NATIONAL COUNCIL OF MARINE DRAFTSMEN
Case No. 2-R-4453.-Decided February 16,1914
Mr. E. E. Kirwan, of New York City, and Mr. E. J. Ulmer, of
Hoboken, N. J., for the Company.
Boudin, Cohn & Glickstein, by Messrs. Sidney Elliott Cohn and
Anthony Zeller, of New York City, and Mr. Albert K. Howard, of
Forest Hills, N. Y., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Marine Draftsmen Association at
Bethlehem Steel Company, Shipbuilding Division (Hoboken Yard),
affiliated with National Council of Marine Draftsmen, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Bethlehem Steel
Company, Shipbuilding Division (Hoboken Yard), Hoboken, New
Jersey,' herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
David K. Werther, Trial Examiner. Said hearing was held at Jersey
City, New Jersey, on January 20, 1944. The company and the Union
appeared and participated. All parties were afforded full oppor-
tunity 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.
1 At the hearing the names of the Company and the Union were amended wherever they
appeared , to conform to the correct names used herein.
54 N. L. R. B., No. 214.
1387
1388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, a Pennsylvania corporation, operates a shipyard at
Hoboken, New Jersey, where it is engaged in the repair, alteration,
and conversion of ships. During 1942, more than 90 percent of the
raw materials used at the shipyard, totally valued at more than $1,-
000,000, was brought into New Jersey from sources outside that State,
and more than 90 percent of the work performed, totally valued at
more than $1,000,000, was on ships destined for use in interstate and
foreign commerce, or for the United States Government.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Marine Draftsmen Association at Bethlehem Steel Company, Ship-
building Division (Hoboken Yard), is a labor organization, affiliated
with National Council of Marine Draftsmen, 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 representlative of certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, 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 substantial agreement with a stipulation of the parties,
that all draftsmen employed by the Company at the Hoboken Yard,
excluding assistant chief draftsmen and those holding higher super-
visory positions, and any other supervisory employees with authority-
'The Regional Director reported that the Union submitted a petition which bore 19
apparently genuine original signatures ; that the names of all persons appearing on the
petition were listed on the Company 's pay roll of December 31, 1943, which contained the
names of 22 employees in the alleged appropriate unit.
BETHLEHEM STEEL COMPANY 1389
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.3
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bethlehem Steel
Company, Shipbuilding Division (Hoboken Yard), Hoboken, New
Jersey, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this direc-
tion, 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, Sections 10 and
11, of said Rules and Regulations, 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 said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
sluding employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who, have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to de-
termine whether or not they desire to be represented by Marine
Draftsmen Association, affiliated by the National Council of Marine
Draftsmen, for the purposes of collective bargaining.
$ The Union desires to appear on the ballot as "Marine Draftsmen Association, affiliated
with the National Council of Marine Draftsmen." The request is hereby granted.