Continental Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Aug 7, 1944

57 N.L.R.B. 1121 (N.L.R.B. 1944)

In the Matter Of CONTINENTAL SHIPBUILDING CORPORATION-a72d A. F. OF
'L, MARINE• METAL TRADES COUNCIL PORT OF NEW YORK, AND ITS
AFFILIATED CRAFTS
Case No. 2-R-1x702.Decided August 7, 194f .
Maloney and Doyle, by Messrs. Anthony J. Weslan and James J.
Tyson, of New York City, for the Company.
Messrs. William J. Rowe and Alfred Terry, of New York City, for
the A. F. L.
Mr. Edriaund V. Spivak, of New York City, for the C. I. 0.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by A. F. of L. Marine Metal
Trades Council Port of New York and its Affiliated Crafts, herein
called the A. F. L., alleging that a question affecting commerce had
arisen concerning the representation of employees of Continental
Shipbuilding Corporation, Brooklyn, New York, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Cyril W. O'Gorman, Trial
Examiner. Said hearing was held at New York City on June 29,1944.
The Company, the A: F. L., and Industrial Union of Marine and
Shipbuilding Workers of America, C. I. 0., herein called the C. I. O.,-
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Company moved to dismiss the petition
on the ground that a consent election was held on April 5, 1944,
in which no representative was selected by the employees in the unit
hereinafter found to be appropriate. For reasons hereinafter appear-
ing, this motion , is hereby denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded opportunity to file briefs with the
Board.
57 N. L. R. B., No. 169.
601248-45-vol. 57-72 { 1121
1122 DECISIONS OF NATIONALt LABOR RELATIONS BOARD.
Upon the entire-record in the case, the Board makes the following:
FINDINGS OF FACT,
1. THE BUSINESS OF THE COMPANY
,Continental Shipbuilding Corporation is a New Jersey corporation,
having its principal office and place of business at Brooklyn, New York,
where it is engaged in the construction, repair, and conversion of ships
and other types of vessels, which are used in domestic, intercoastal
and foreign commerce. During the past year, the Company purchased
materials amounting in value to more than $250,000, of which approx-
imately 50 percent was obtained from points outside the State of
New York. During the same period, the value of construction and
repairs to vessels amounted to more than $1,000,000, of which more
than 80 percent was upon vessels intended for transportation outside
the State of New York.
The Company admits that it is, engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Marine Metal Trades Council, Port of New York, and its Affiliated
' Crafts, are labor organizations affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
Industrial Union of Marine and Shipbuilding Workers of America
is a labor organization affiliated with the Congress, of Industrial
'Organizations, admitting to membership employees of the, Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated April 12; 1944, the A. F. L.-notified the Company
that it^ claimed to represent a majority of the Company's employees
and requested a collective bargaining conference. The Company re-
fused to recognize the°A. F. L.
'On April 5,1944, a consent election was held among the employees in
the unit herein sought by the A. F. L., in which the C. I. O. and Inter-
national Brotherhood of Electrical Workers, A. F. of L., participated;
but which did not result in the selection of a bargaining representa-
tive. The Company contends that, in view of the short- period of time
which has elapsed since this election, an election should not be directed
in the present proceeding. However, inasmuch as the A. F. L. ,did
not participate in the above-mentioned consent election and has sub-
mitted recent designations indicating that it represents a substantial
CONTINENTAL SHIPBUILDING CORPORATION, 1123
number of the employees within the unit,' we find that the prior elec-
tion is no, bar,to a present determination 'of representatives. ,
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
The A. F. L. and the C. I. O. agree that the' appropriate unit is
composed of all production and maintenance employees of the Com-
pany, ificluding snappers, but excluding foremen, office and clerical
employees, guards, janitors, timekeepers, draftsmen, technical engi-
neers, all electricians engaged in installation and maintenance includ-
ing mechanics, helpers and snappers employed in the electrical depart-
ment, and supervisors. The Company takes no position in regard to
the appropriate unit.
We find that all production and maintenance employees of the Com-
pany, including snappers, but excluding foremen, office and clerical
employees, guards, janitors, timekeepers, draftsmen, technical en-
gineers, all electricians engaged in installation and maintenance in-
cluding mechanics, helpers and snappers employed, in the electrical
department, 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 mean-
ing 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.
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-Relations
'The Field Examiner reported that the A F. L. submitted 306 authorization cards, of
which 260 bore the names of employees appearing on the`pay roll for the period ending -
March 12, 1944. Of the cards which checked against the pay roll, 9 were undated, 1 was
dated March 10, 1944, 3 were dated during the month of April 1944, no specific date being
given, and the balance were dated subsequently to April 7, 1944. The C I O. submitted, -
183 application and authorization cards, of which 47 bore the names of employees appear-
ing on the above-mentioned pay roll. Of the cards which checked against the pay roll, 13
were undated, 30 were dated from December 28, 1943, through February 4, 1944, and 4
were dated in May 1944. There are approximately 866 employees in the appropriate unit.
4 %
l
1124 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act acid pursuant to-Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-' 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 Continental Ship-
building Corporation, Brooklyn, New York, 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 supervi-
sion 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 including employees in the armed forces
of the United States who,present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
Marine Metal Trades Council of the Port of New York, A. F. of L.,2 or
by Industrial Union of Marine and Shipbuilding Workers of America,
C. I. 0., for the purposes of collective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction'of Election.
2 We shall designate the A F L on the ballot as its name appears in the Direction of
Election, since we are persuaded that, if the A F L. is eventually certified, its designation..
as "A. F. of L Metal Tiades Council Port of New York and Its Affiliated Crafts," might
be ambiguous . See-Matter of Blackwell Zinc Company , Inc., 56 N . L R. .B 924
11