Cramp Shipbuilding Co.

National Labor Relations Board - Board Decisions

Nov 30, 1945

64 N.L.R.B. 1145 (N.L.R.B. 1945)

In the Matter of CRAMP SHIPBUILDING COMPANY and MARINE DRAFTS-
MEN'S ASSOCIATION AT CRAMP SIIIPBUILDTNG COMPANY, AFFILIATED
WITH NATIONAL COUNCIL OF ENGINEERS, DRAFTSMEN AND ASSOCIATES
Case No. 4-R-1707.-Decided November 30, 1945
Drinker, Biddle cC Reath, by Messrs. Hayward H. Coburn and
Alfred L. Taxis, Jr., of Philadelphia, Pa., for the Company.
Mr. Weidner Titzck, of Camden, N. J., for the MDA.
Goldstein c Woolston, of Philadelphia, Pa., for the CIO.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by. Marine Draftsmen's Association at the
Cramp Shipbuilding Company, affiliated with the National Council
of Engineers, Draftsmen and Associates, herein called the MDA, alleg-
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees of Cramp Shipbuilding Company, Phila-
delphia, Pennsylvania, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Herman Lazarus, Trial Examiner. The hearing was held at
Philadelphia, Pennsylvania, on July 19, 200, and 24, 1945. The Com-
pany, the MDA, and Industrial Union of Marine and Shipbuilding
Workers of America, Local 42, CIO, herein called the CIO, appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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
1. THE BUSINESS OF THE COMPANY
Cramp Shipbuilding Company, a Pennsylvania corporation , has its
principal office and place of business in Philadelphia , Pennsylvania,
64 N. L. R. B., No 193. 1145
1146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
where it is engaged in the construction of naval vessels for the United
States Navy. During the past year, a substantial percentage of the
raw materials and supplies used by the Company and valued in excess
of $100,000 was shipped to the Company from points outside the Com-
monwealth of Pennsylvania. During the same period, the Company
performed construction work valued in excess of $100,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Marine Draftsmen's Association at Cralnp Shipbuilding Company,
affiliated with National Council of Engineers, Draftsmen and Asso-
ciates, is a labor organization admitting to membership employees of
the Company.
International Union of Marine and Shipbuilding Workers of Amer-
ica, Local 42, affiliated with the Congress of Industrial Organizations,
is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the MDA as the
exclusive bargaining representative of certain employees of the Com-
pany until the MDA has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced with other evidence at
the hearing, indicates that the MDA and the CIO each represents a
substantial number of employees in the unit hereinafter found
appropriate.'
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 MDA contends that all office clerical employees of the Company
including outside expediters and all employees not engaged in produc-
tion and maintenance, but excluding employees now represented by
bargaining representatives, and also excluding professional, super-
visory, and confidential employees, particularly those employees in
certain named classifications and departmental groups, constitute an
1 The statement of the Board agent , as supplemented by other evidence introduced at
the hearing , indicates that the MDA has submitted 311 designations and that the CIO
has submitted 212 designations from among a total of approximately 675 employees in
the unit claimed appropriate by the USDA and the CIO
CRAMP SHIPBUILDING COMPANY 1147
appropriate unit.2 The Company and the CIO, generally agree that
the unit proposed by the MDA is appropriate. However, the parties
disagree with respect to the inclusion or exclusion of certain classi-
fications hereinafter discussed. The parties agree in excluding from
the unit all salaried employees on the annual pay roll and all senior
secretaries wherever located; also certain classifications or groups of
employees in individual departments of the Company .3 The classifica-
tions or groups as to which the parties are in disagreement will be
considered in their relation to the several departments of the Company.
Administrative Department.-The Company, in opposition to both
the MDA and the CIO, would exclude as supervisory a general office
clerk who acts as assistant to the paymaster, a supervisory employee in
charge of approximately eight employees with authority to effectively
recommend changes in the status of these employees. The evidence
is undisputed that the assistant herein concerned assumes all the duties
of the paymaster when for any reason the latter is abser>,t, which ab-
sence includes a period of 2 weeks each year when the paymaster is
away on his vacation. On other occasions, the paymaster delegates
to the assistant in question authority to make effective recommenda-
tions with respect to the status of employees in his group. In addition
thereto, the assistant, at all times, has authority to recommend to the
paymaster any action which she may deem advisable, based upon her
experience with the employees, both as to discipline, rerate, or any
other related matters. We find that the general office clerk in ques-
tion is a supervisory employee within the meaning of our usual defini-
tion; accordingly, we shall exclude her from the unit.
Accounting Department.-The disputed classifications in this de-
partment consist of secretary-stenographers, accountants, auditors,
cost accountants, and material clerks.
With respect to the two secretary-stenographers whom the Com-
pany, in opposition to the MDA and the CIO, contends should be
excluded from the unit as confidential employees, the record reveals
that the first is secretary to the section head of general accounting and
also to the section head of billing and taxes. The Company's asser-
tion of confidential relationship in this particular instance is not based
2 The proposed unit consists of a residual group of employees not presently represented
by bargaining representatives or the subject of Board proceeding for the investigation
and certification of representatives.
3 The classifications or groups excluded by agreement of the parties , or whose requested
exclusion is not in issue, are as follows. Administrative Department. junior secretary,
geneial office clerk at head of central files section ; Engineering Department . junior labora-
torians; Industrial Relations Department all employees on the staff, labor relations, dis-
pensary , and safety sections , the clerk and the typist handling workmen's compensation
and group insurance benefits in the service and benefits section ; Procurement Department.
buyers, store expediters , the section head -stores control -supervisor of company stock, and
the supervisor of the contracts section ; Production Department . draftsmen , rate setters,
elevator operators and inspectors.
1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on any access to personnel files, but on the fact that this employee is
engaged in the preparation of the Company's income tax returns and
thus handles data which are confidential from a business point of view.
The Company conceded, however, that she had access to no confidential
information insofar as labor relations are concerned. We find that
the secretary-stenographer hereinabove referred to is not a confidential
employee, and we shall, accordingly, include her in the unit hereinafter
found appropriate.
The second of the secretary-stenographers in the Accounting De-
partment is secretary to the head of the voucher section. The record
establishes that the head of the voucher section keeps personnel records
for the 15 or 9-0 employees in this section and that the secretary-stenog-
rapher in question maintains and has full access to such records. It
further appears that this employee is the only person who types for
the head of the voucher section recommendations of disciplinary action
which are thereafter forwarded to a superior officer of the Company.
We find that the secretary-stenographer to the head of the voucher sec-
tion bears a confidential relationship to management with respect to
matters pertaining to labor relations; accordingly, we shall exclude
her from the unit.
With respect to the disputed category of accountants, the Company
would exclude, in opposition to the MDA and the CIO, 3 accountants
who occupy the positions of assistant supervisor pay-roll section, book-
keeper, and assistant bookkeeper, respectively. In support of its
position, the Company contends that the assistant supervisor -ig a
supervisory employee and that the bookkeeper and assistant book-
keeper are confidential employees.
So far as the assistant supervisor is concerned, the evidence discloses
that the employee occupying this position supervises approximately 10
other employees who are engaged in piece-work computations; that
she assigns and checks work, instructs emloyees and has authority to
make recommendations as to disciplinary action and changes in em-
ployee status, which recommendations are generally followed. It
further appears that she may, on her own authority, suspend employees
and also effectively employ applicants sent to her for interview when
needed to fill vacancies in her group. We find that the accountant
occupying the position of assistant supervisor pay-roll section is a
supervisory employee within the meaning of our usual defintion ; ac-
cordingly, we shall exclude her from the unit.
The Company's contention that the bookkeeper and assistant book-
keeper should be excluded as confidential employees is based on the
fact that both of these employees have access to the general ledger
which discloses at any moment the Company's general financial posi-
tion with 12espect to profits and losses. Since both the bookkeeper and
CRAMP SHIPBUILDING COMPANY 1149'
assistant bookkeeper are acquainted with financial statements of the
Company before such statements reach the Company's Board of Direc-
tors, the Company urges that these employees have access to confi-
dential information which may be of importance in negotiations with
labor organizations. There is, however, no evidence that either the
bookkeeper or assistant bookkeeper are concerned with the Company's
labor relations or that they have advance knowledge of the Company's
position on matters relating thereto. We have frequently held that,
mere access to information which the Company considers confidential
from a business point of view does not establish the kind of confiden-
tial relationship required as the basis for denying an employee the
right to bargain collectively 4 We find that neither the bookkeeper
nor the assistant bookkeeper is a confidential employee within the
meaning of our usual definition thereof. Accordingly, we shall in-
clude them in the unit.
The auditors employed by the Company in the accounting depart-
ment consist of three groups known as voucher auditors, pay-roll
auditors, and general internal auditors, respecLrvely; of these groups,
the parties are agreed that voucher auditors who perform checking
and clerical type work 5 be included within the unit. The Company
and the MDA, in opposition to the CIO, would exclude pay roll audi-
tors as confidential employees. For the same reason, the Company,
opposed by both the MDA and the CIO, would also exclude general
internal auditors.
There are approximately three pay-roll auditors who audit and pass
upon all payments made to employees of the Company. It is the duty
of pay-roll auditors to audit such items as rates, any grievances that
may arise for payment, and also pre-audit grievances before they in
fact come up for payment. In connection with their duties, these em-
ployees have access to all grievance files which include not only griev-
ances that have been settled but also those which are pending. In
addition thereto, it appears that one of these employees has the power
to hire and to impose disciplinary action. We find that all pay-roll
auditors are confidential employees within the meaning of our usual
definition, and that the pay-roll auditor who has authority to hire
and impose discipline is also a supervisory employee. Accordingly,
we shall exclude the pay-roll auditors from the unit hereinafter found
appropriate.
The general internal auditors whom the Company would exclude
from-the unit perform the function of checking to ascertain that the
4 See Matter of General Motors Corporation, Chevrolet Motors Division, 53 N L R B.
1096, Matter of Utah Copper Company, 57 N. L. R. B 308.
5 The work of voucher auditors is distinct from that of pay-roll auditors and general
internal auditors, both of whom perform work of more difficult type without interchange
between such auditors and the voucher auditors hereinabove referred to.
1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
procedures prescribed as to the internal operations of the various
departments are properly carried out. It is their duty to make recom-
mendations as to changes in procedures, institute systems of cross
check wherever possible, and report to the comptroller both as to the
type of work being done and the degree of accuracy attained in the
performance of such work. In connection with these reports, it ap-
pears that where an individual employee is deficient in the execution
of his duties, the report made by the general internal auditor charged
with the particular investigation may result in disciplinary action.
While general internal auditors, as such, are not directly concerned
with the Company's grievance procedure or representation in labor
relations matters, their duties permit them to have unlimited access
to any and all records of the Company, including the minutes of the
Company's Executive Committee and Company's Board of Directors.
They are therefore in a position to acquire advance knowledge of the
Company's position in matters involving labor relations. We find
that general internal auditors have managerial and confidential re-
sponsibilities, and, accordingly, we shall exclude them from the unit.
With respect to the cost accountants concerning whom the parties
are in disagreement," the Company contends that such accountants
should be excluded as supervisory employees. The two employees
in question occupy the positions of assistant section accounting head-
stores accounting, and assistant section accounting head-tabulating,
respectively. The first of these supervises approximately 10 employ-
ees who validate the stores requisitions; the second supervises be-
tween 12 and 18 key punch operators. The record establishes that
both of the employees in question can effectively recommend rate
increases, hiring, and disciplinary action. We find that they are
supervising employees within the meaning of our usual definition;
we shall exclude them from the unit.
The Company contends that of the 33 material clerks employed in
the Accounting Department,? two identified as the section head and
assistant section head of material inventory, respectively, should be
excluded from the unit as supervisory employees; the MDA and the
CIO maintain that these employees should be included. The evidence
reveals that these two employees supervise a group of approximately
30 inventory checkers ; that the section head of material inventory
has the power to make effective recommendations as to rerates or
disciplinary action with respect to the inventory checkers hereinabove
mentioned. It also appears that his recommendations as to the hir-
ing of prospective employees sent to him for interview are generally
6 The parties are in agreement that six of the eight cost accountants may be included
within the unit.
7 The parties are in agreement that 31 members of this group should be included within
the unit.
CRAMP SHIPBUILDING COMPANY 1151
followed by higher management officials. So far as the assistant sec-
tion head is concerned, it is undisputed that this employee, in the
absence of the section head, has authority to make recommendations
in regard to disciplinary action. The assistant section head, even
while the section head is on duty, may also make recommendations
for any action regarding rerates which he may think necessary to
be taken with respect to any of the 30 employees herein concerned.
Neither the section head nor the assistant section head does any of
the day to day checking work performed by the employees under
their supervision, except in emergency situations. We find that both
the section head and the assistant section head are supervisory em-
ployees within the meaning of our usual definition; accordingly, we
shall exclude them from the unit.
Engineering Department.-The only dispute with respect to in-
clusion or exclusion of employees in this department relates to the
classifications of secretary-stenographer and junior secretary. The
Company, in opposition to the MDA and the CIO, contends that seven
of the eight secretary-stenographers should be excluded because of the
confidential character of their duties." With respect to the issue con-
cerning junior secretaries, the Company and the MDA, in opposition
to the CIO, contend that all six of the junior secretaries should be ex-
cluded from the unit as confidential employees.
The evidence reveals that the secretary-stenographers are secre-
taries to various section heads in the Engineering Department; that
these section heads maintain personnel records for the employees in
their respective sections; and that such records are maintained by the
various secretary-stenographers. Similarly, with regard to employees
in the classification of junior secretaries, it appears that such employees
act as secretaries to division heads and have access to the more extensive
personnel files which are maintained by division heads for the em-
ployees in their respective divisions, each of which comprises two or
more sections and employs from between 30 to over 100 employees. In
connection with their duties as secretaries to division heads, junior
secretaries necessarily have advance knowledge of increases and dis-
ciplinary action affecting employees throughout the division through
correspondence which they type or through access to the personnel
files which they maintain for their respective division heads. Their
duties are, moreover, substantially identical with those of the junior
secretary in the Administrative Department whom all parties agreed
should be excluded from the unit as a confidential employee. We find
that the aforesaid secretary-stenographers and junior secretaries are
8 The parties agree that the remaining secretary -stenographer who acts as secretary
to an assistant to the Chief Engineer for materials, should be included in the bargaining
unit.
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
confidential employees within the meaning of our usual definition s
Accordingly , we shall exclude them from the unit.
Employment Section.-This section has two groups , consisting of
the employment interview group and the employment record group.
Employees in the employment interview group include six interview-
ers, two secretary -stenographers , and two general office clerks. Em-
ployment interviewers are responsible for interviewing all applicants
for employment other than those hired under the training program
hereinafter considered . As a pal t of his duties , the interviewer may,
when warranted by the information elicited from an applicant , reject
such applicant with no specific right on the part of the applicant to
appeal the interviewer 's decision to higher management officials.
Interviewers can hire directly, without reference to higher supervision,
employees in the lower paid clerical positions . Interviewers together
with all other employees in the employment interview section have
access to the employment files of all employees of the Company, in-
cluding the personnel information contained therein. In like manner,
the employees in the employment record section maintain and have
access to all employment records of the section which include the
records of any disciplinary action that may have been taken with re-
spect to employees of the Company , as well as the investigation history
of applicants and the employment application together with the inter-
viewer's notations thereon. Under the circumstances , we find that all
employees in the employment section of the Industrial Relations De-
partment, including both the employment interview and the employ-
ment record groups , are confidential employees within the meaning of
our usual definition ; accordingly , we shall exclude them from the
unit.
Training Section .lo-The evidence discloses that all the employees
in this section have access to the personnel files maintained therein;
that all grievances dealing with trainees are ordinarily checked with
the training section; that the interviewer in this section is primarily
responsible for interviewing applicants for trainee or apprenticeship
positions and has substantially the same duties as the interviewers in
the employment section previously considered ; that the general office
clerks file and maintain trainee records ; and that the stenographer
not only handles correspondence and dictation related thereto, but
also has access to such records upon the verbal authorization of the
head of the training section. We find that all employees in the train-
ing section bear a confidential relationship to management in respect
See Matter of Utah Copper company, supra.
10 The employees in the Training Section consist of one interviewer, two general office
clerks and one stenographer.
CRAMP SHIPBUILDING COMPANY 1153
to matters pertaining to labor relations; we shall, accordingly, exclude
them from the unit.
Services and Benefits Section.-The parties are in agreement that
the employees in this section who handle bond deductions and ration-
ing should be included in the unit. The parties have also agreed
to exclude the one clerk and the one typist who handle workmen's
compensation and group insurance benefits. The only dispute in re-
gard to employees of this section relates to employees who handle
sick, leave. These employees consist of five interviewers and four
clerks. The Company, in opposition to the MDr1 and the CIO, urges
that such employees be excluded as confidential employees.
The record establishes that the sick leave interviewers investigate,
through personal interviews, reports of illness on the part of em-
ployees for the purpose of determining whether a particular illness is
compensable by the Company nuclei- the terms of its contract with the
CIO covering certain of its employees. Where compensation is de-
nied as the result of an interviewer's investigation, the denial may
become a matter for grievance and discussion with the Company con-
cerning the administration of its collective bargaining agreement.
Moreover, in certain instances, investigations of alleged sickness on
the part of employees may result in disciplinary action for the em-
ployee involved. So far as the four clerical employees are concerned,
such employees receive telephone reports of sickness, maintain files
relating to sick leave benefits, and handle investigation reports.
The evidence indicates that the duties of employees engaged in
handling sick leave benefits are substantially the same as those of
employees engaged in handling workmen's compensation and group
insurance benefits, which latter employees the parties have agreed to
exclude. We shall exclude all employees engaged in handling sick
leave benefits.
Wage and Salary Job-Analysis Section.-This section comprises
five interviewers or job analysts, one secretary-stenographer, and one
stenographer. The interviewers or job analysts ascertain by inter-
views with both employees and supervisors the factors of responsibility
which determine the wage rates of office clerical employees. They
also are responsible for developing policies with respect to lines of
promotion, may recommend the consolidation of positions, and review
both merit increases and the promotion of employees. The secretary-
stenographer who is secretary to the head of wage and salary control,
handles, in conjunction with the stenographer, all the stenographic
and typing work performed in this section. All employees in the sec-
" See footnote 3, supra.
670417-46-vol. 61-74
1154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion have access to the section files which are not available to other
employees except the salary committee consisting of four executives
of the Company and the assistant director of industrial relations. The
information contained in such file is of importance in the negotiation
of rates of pay and other contract matters. We find that the em-
ployees of the wage and salary job-analysis section have managerial
or confidential duties ; accordingly, we shall exclude them from the
unit hereinafter found appropriate. .
Labor-Management Section.-This section consists at the present
time of one employee in the classification of secretary-stenographer
who, until recently, was a secretary to a salaried management employee
known as the Executive Secretary of the Labor-Management Com-
mittee, but whose duties are now confined to the handling of corre-
spondence and the maintenance of files relative to Selective Service
matters and the status of individual employees with respect to Selective
Service regulations and directives. While the employee in question
does not act as a confidential representative of the Company in labor
negotiations, her access to information which would ordinarily be of
vital importance in determining the seniority rights of employees in
negotiations with labor organizations, is sufficient in our opinion to
accord her the status of a confidential employee; we shall exclude her
from the appropriate unit.
Protection Section.-The parties are in agreement that the nine tele-
phone operators in this section be included in the unit. The MDA
and the Company further agree that the four general office clerks also
be included. The CIO, however, contends that the clerks in question
should be excluded. In support of its contention, the CIO points to
the fact that it is presently the certified representative of a guard unit
among the Company's employees; 12 that, although at the time it was
certified for this unit all of the clerical work in the protection section
was done by certain of the uniformed guards, such clerical work was
taken over by the four clerks who are physically located in the plant-
protection office. We are of the opinion that the guard unit as prop-
erly interpreted does not admit the inclusion of the four clerks. The
record discloses that these clerks perform the usual functions of clerks
without any of the responsibilities of guards; that they are classified
in the same job classifications, receive the same rates of pay, and have
the same cafeteria privileges as the general office clerks in the main
office building ; accordingly, in view of the similarity between the in-
terests of general office clerks in the plant-protection office and those of
the main office employees, we shall include such general office clerks
within the unit of clerical employees hereinafter found appropriate.
12 See Matter of Cramp Shipbuilding Company, 46 N. L R. B. 1186.
CRAMP SHIPBUILDING COMPANY 1155
Procurement Department.-The employee classifications in this de-
partment as to which the parties are in disagreement comprise
secretary-stenographers, junior secretaries, general office clerks, and
posting and filing clerks in the stores division.
The Company proposes the exclusion of three of the four secretary-
stenographers employed by the procurement department; more par-
ticularly, those who act as secretaries to a group of supervisory
employees 13 The MDA and the CIO contend that all secretary-
stenographers should be included in the unit.
The evidence reveals that each of the various secretary-stenographers
maintains and has access to the personnel files of the supervisory em-
ployees to which she is assigned. We find that the secretary-
stenographers in question are confidential employees within the
meaning of our usual definition. Accordingly, we shall exclude them
from the unit hereafter found appropriate.
The Company and the MDA are in agreement that the junior secre-
taries in the procurement department should be excluded from the unit.
The junior secretaries concerned are assigned to the purchasing agent,
the manager of the stores division and the head of the federal coin-
pliance division. The CIO agrees to the exclusion of the secretary to
the manager of the stores division, but contends that the other two
secretaries should be included. The record discloses that the same
types of personnel files are maintained by all of the three supervisory
employees to whose offices the junior secretaries are attached and that
all three junior secretaries have equal access to the personnel files in
their separate offices. We find no reason to distinguish between the
junior secretaries in question so far as the confidential or non-confi-
dential aspect of their employment is concerned. We find that all
junior secretaries in the procurement department sustain a confidential
relationship to management in matters pertaining to labor relations;
accordingly, we shall exclude them from the unit.
With respect to the 17 general o#1ce clerks employed in the pro-
curement department, all parties are agreed that 16 of these em-
ployees should be included in the unit. The Company, however, in
opposition to the MDA and the CIO, proposes the exclusion of 1 of
these employees who acts as assistant section head-stores control.
The employee in question regularly supervises between 20 and 25
employees, sets up merit ratings for employees under her supervision,
and effectively recommends rerates and disciplinary action. She also
substitutes for the section head in the latter's absence, on which oc-
casions she is in charge of between 45 and 60 employees. Her deci-
to The supervisory employees referred to are the heads of the traffic and expediting
division, the head of stores control company stock departments, and the head of Salvage
Department.
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sion as to the hiring of employees sent to her for interview is gen-
erally followed by higher management officials. We find that she
is a supervisory employee within the meaning of our usual definition.
We shall, therefore, exclude her from the unit.
The parties are in agreement that 67 of 72 posting and filing clerks
in the Procurement Department should be included within the unit.
Although the Company and the MDA agree also in seeking the in-
clusion of the remaining 5 clerks, the CIO contends that they should
be excluded upon the ground that they are embraced within the unit
of production and maintenance employees for which it is the certified
bargaining representative. The evidence discloses that the 5 clerks
here in issue perform clerical functions in connection with the filing
of requisitions; that although presently located in the same office
as the stores expediters, the group in question was originally estab-
lished as part of the store superintendent's office. It further appears
that the contract between the Company and the CIO with respect
to the unit of production and maintenance employees expressly ex-
cludes from its coverage employees in the superintendents' offices-
We find that the posting and filing clerks referred to are not em-
braced within the unit currently represented by the CIO; accordingly,
we shall include them in the unit of clerical employees hereinafter
found appyopriate.
Production Department-The only dispute with respect to the em-
ployees in this department concerns employees in the classifications
of secretary-stenographers, junior secretaries and progress clerks.
The Company proposes the exclusion of two of the five secretary-
stenographers employed in the Production Department. The secre-
tary-stenographers whom the Company contends should be excluded
are the one secretary assigned to the three assistants to the vice presi-
dent of production, and the secretary to the assistant head of pro-
duction control. The MDA and the CIO seek the inclusion of all
of the secretary-stenographers employed in the Production
Department.
The record discloses that the secretary-stenographer assigned to,
the three assistants to the vice president of production is engaged in
taking dictation from these officials ; that the correspondence which
this employee handles includes rerates and personnel problems for
the entire Production Department; and that in the absence of the
secretary to the vice president of production she takes dictation from
that official. It is likewise undisputed that the employee in question
maintains the personnel records for the so-called berthing section,,
comprising 8 or 10 employees. We find that the secretary-stenog-
rapher, assigned to the 3 assistants to the vice president of produc-
tion, is a confidential employee within the meaning of our usual
CRAMP SHIPBUILDING COMPANY 1157
definition; we shall, therefore, exclude her from the appropriate
unit of clerical employees.
The second of the secretary-stenographers, whom the Company
would exclude, acts as secretary to the assistant head of the production
control division, an employee with the rank of section head among the
Company's supervisory employees. While it does not appear that this
section head maintains personnel files as do the other section heads,
the evidence reveals that the secretary -stenographer herein concerned
substitutes on occasion for the secretary to the division head of pro-
duction control and when so engaged has access to the personnel files
maintained in the office of the division head. In addition thereto, it
appears that due to a redistribution of functions now in progress in
the department, this secretary-si enographer has recently been assum-
ing an increasingly larger share of the duties of the secretary to the
division head, including maintenance of the personnel records of the
division. We find that the secretary-stenographer in question has
duties of a confidential nature from the point of view of labor relations.
We shall, therefore, exclude her from the appropriate unit.
The junior secretaries employed in the Production Department,
whom the Company and the MDA would exclude from the unit as
confidential employees, act as secretaries to various superintendents
in the Production Department. The record reveals that the superin-
tendents keep personnel records similar to those in other departments
previously considered and that junior secretaries have access to such
records. We find, accordingly, that the junior secretaries in the Pro-
^duction Department are confidential employees within the meaning of
our usual definition. We shall exclude them from the appropriate
unit.
The Company proposes the- exclusion of three of the four progress
clerks employed in the Production Department. The clerks whom
the Company would exclude either as confidential or supervisory em-
ployees consist of an assistant section head-production control divi-
sion, an assistant to the machinery superintendent, and an assistant to
.the outfitting superintendent. The MDA agrees with the Company as
to the exclusion of the assistant to the machinery superintendent and
the' assistant to the outfitting superintendent, but contends that the
other progress clerks should be included in the unit. The CIO takes
the position that all of the progress clerks should be included.
The evidence discloses that the assistant section head-production
control division supervises between 10 and 20 filing and posting clerks;
that she can effectively recommend disciplinary action and changes in
employee status; and that her reconunendations as to the hiring of
employees sent to her for interview are generally followed by higher
management officials. She spends at least 60 percent of her time in
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervisory work. Similarly, in the case of the assistant to the ma-
chinery superintendent, it appears that this employee not only acts
as secretary to the machinery superintendent but also maintans the
personnel files relating to the employees in that department; that she
has supervisory authority over the clerical employees in the office of
the superintendent; and that she has the responsibility of interviewing
and recommending the hiring of applicants for employment in that
office. We find that the assistant section head-production control di-
vision, and the assistant to the machinery superintendent are super-
visory employees within the meaning of our usual definition. We
further find that the assistant to the machinery superintendent has a
confidential relationship to management in matters concerning labor
relations; accordingly we shall exclude both employees from the unit
hereinafter found appropriate.
As regards the remaining progress clerk concerning whom there is
a disagreement, the record indicates that this employee acts as assist-
ant to the outfitting superintendent and performs the same duties as
are generally performed by junior-secretaries for other superintend-
ents; that he maintains the personnel records with respect to approx-
imately 50 employees under the direct supervision of the outfitting
superintendent; and that he is responsible for the handling of all
correspondence between the outfitting superintendent and his superior
with respect to any contemplated or recommended course of action in
regard to personnel or changes in the organization of the outfitting
department. Accordingly, we find that the progress clerk who acts
as assistant to the outfitting superintendent is a confidential employee
within the meaning of our usual definition; we shall exclude him from
the unit.
We find that all office and clerical employees of the Company em-
ployed in the following departments : Administrative, Accounting,
Engineering, Industrial Relations, Procurement, and Production, in-
cluding the secretary-stenographer in the Accounting Department,
engaged in the preparation of tax returns; the bookkeeper and as-
sistant bookkeeper who work on the general ledger; the telephone.
operators and general office clerks in the Protection Section; outside
expediters; posting and filing clerks; but excluding all salaried em-
ployees on the annual pay roll; all employees included in any other
recognized or certified bargaining units; the general office clerk in the
Administrative Department who acts as assistant to the paymaster;
junior laboratorians; buyers, draftsmen; elevator operators; in-
spectors; general internal auditors; pay-roll auditors; store ex-
pediters; rate setters; all senior secretaries; all junior secretaries;
confidential secretary-stenographers and clerks assigned to section
CRAMP SHIPBUILDING COMPANY 1159
heads or to supervisors of equivalent or higher status; 14 employees in
the following Sections of the Industrial Relations Department; all
employees in the Staff, Employment, Training, Dispensary, Wage and
Salary-Job Analysis, Labor Relations, and Safety, and those em-
ployees in the Services and Benefits Section doing workmen's compen-
sation, group insurance, and sick leave benefit work; and all super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively rec-
ommend such action,15 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.
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 Act,
and pursuant to Article III, Section 9, of National Labor Relations
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 Cramp Shipbuild-
ing Company, Philadelphia, Pennsylvania, an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction and super-
"Included among such secretary -stenogiaphers and progress clerks are the secretary
to the head of the voucher section , the secretary to the submarine coordinator , the secre-
tary to the chief of machine drafting section. the secretary to the chief of the hull drafting
section , the secretary to the chief of the electrical drafting section , the secretary to the
chief of the piping drafting section, the secretary to the chief of the hull fitting drafting
section , secretarv to the chief of the inspection division , the secretary -stenographer in
the Labor Management Section of Industrial Relations Department who handles Selective
Service matters , the secretary to the head of the traffic and expediting division of the
Procurement Department , the secretary to the head of the stores control-company stock,
the secretary to the head of Salvage , the secretary to the three assistants to the vice presi-
dent of production , the secretary to the assistant head of the production control division,
the progress clerk who is assistant to the machinery superintendent and the progress clerk
who is assistant to the outfitting superintendent.
15 Included among such supervisory employees are the assistant supervisor pay-roll sec-
tion , the assistant section accounting head-stores accounting , the assistant section account-
ing head-tabulating , the section head of material inventory , the assistant to section head
of material inventory , the section head stores control-supervisor of company stock, as-
sistant section head-stores control, and the assistant section head-production control divi-
sion, the general office clerk at head of central files section, and the supervisor of the
contracts section.
1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision of the Regional Director for the Fourth 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 appropriate unit who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during said pay-roll period be-'
cause they were ill or on vacation or temporarily laid off, and includ-
ing 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 rein-
stated prior to the date of the election, to determine whether they de-
Eire to be represented by Marine Draftsmen's Association at Cramp
Shipbuilding Company, affiliated with the, National Council of En-
gineers, Draftsmen and Associates, or by Local 42, International Union
of Marine & Shipbuilding Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither.