Dooley's Basin & Dry Dock, Inc.

National Labor Relations Board - Board Decisions

Aug 28, 1942

43 N.L.R.B. 745 (N.L.R.B. 1942)

In the Matter of , DooLEY 's BASIN & DRY DOCK, INC . and UNITED
BROTHERHOOD OF CARPENTERS , & JOINERS OF AMERICA, LOCAL 1394,
A.F. L. ,
Case No. R-404.9.Decided August 08, 1913
Jurisdiction : shipbuilding and repairing industry.
Practice and Procedure : petition dismissed where there was no, appropriate unit
within its scope; unit comprising production carpenters and other employees
of Company working with woodworking tools and machinery, not constituting
an identifiable class of workers, held inappropriate.
Mr. John W. Donah,oo, of Jacksonville, Fla., for the Company.
Mr. Wendell C. Heaton, of Tallahassee, Fla., and Mr. U. F. Tucker,
of Fort'Lauderdale, Fla., for the United.
Mr. Oscar Geltman, of counsel to the Board.'
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by United Brotherhood of Carpenters &
Joiners of America, Local No. 1394, affiliated with the American Fed-
eration of Labor, herein called the United, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Dooley's Basin & Dry Dock, Inc., Fort Lauderdale, Florida,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Alexander E.
Wilson, Jr:, Trial Examiner. Said hearing was held at Fort Lau-
derdale, Florida, on July 16, 1942. The Company and the United
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 Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Dooley's Basin & Dry Dock, Inc., is engaged in the,construction of
boats and military craft, and in repair work on small boats. More
43 N. L. R. B., No. 116.
J
.745
746 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
than 90 percent of its business is devoted to war production. In the
year 1941, the Company's gross receipts amounted to approximately
$500,000, and in that year materials costing approximately $150,000
were shipped to the Company from points outside the State of Florida.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Brotherhood of Carpenters & Joiners of America, Local
1394, is a labor organization affiliated with the. American Federation
of Labor, admitting to membership employees of the Company.
IH. THE ALLEGED QUESTION CONCERNING THE REPRESENTATION, OF EM-
PLOYEES OF THE COMPANY WITHIN AN APPROPRIATE UNIT
On May 19, 1942, the United requested the Company to agree to an
election to determine whether the Company's employees in an appro-
priate unit desired to be represented by the United for bargaining
purposes. On May 25, 1942, the Company and the United entered
into a cross-check agreement pursuant to which the Company slxb-
mitted a. list containing- names of certain employees, and the United
submitted a list of workers whom it claimed it was authorized to rep-
resent, to a Field Examiner for the National Labor Relations Board
as agent for the Regional Director for the Tenth Region. A dispute
then arose between the Company and the United-as to whether certain
names submitted by the Company belonged to the unit which was des-
ignated in the agreement as appropriate for the purposes of collective
bargaining. As a result of the dispute no cross-check was made, as
required by the agreement, by the. Regional Director or his agent.
On May 28, 1942, the United filed its petition herein .1
The United asserts in its petition, that all production carpenters and
other employees of the Company working with woodworking tools and
woodworking machinery, including woodworking foremen and assist-
ant foremen, but excluding supervisory employees having the right
to hire or discharge, constitute an appropriate unit for the purposes of
collective bargaining. At the hearing a representative of the United
claimed that the appropriate unit includes "the operating carpenters,"
"all those doing woodwork on that type of boat," and employees who
'The Company has moved to dismiss the petition on the ground that the cross-check
actually took place and resulted in a finding that the United did not represent a majority
of employees in an appropriate unit. We find that the cross-check agreement and pro-
ceedings - thereunder constitute no bar to this proceeding , and ue deny the motion (See
Matter of Automatic Products Company and International Union, United Automobile
Workers of Ameisca, Local 736 (A. F. L ), 40,N. L R. B 941 ; Matter of Southport Petro-
leum Company of Delaware and Oil Workers International Union, Local 449, 39 N. L.
R. B. 257).
DOOLEY'S BASIN & DRY DOCK, INC. 747
also work in other crafts but who spend 65 percent or more`of their
time on carpenters' work. The Company contends that the appro-
priate unit consists of all employees in the shipyard, excluding super-
visory and clerical employees.
The Company is engaged principally-in wooden shipbuilding. Its
employees are classified on a non-craft basis, with wage rates depend-
ing on an employee's classification (as a skilled mechanic, second-
class mechanic, or helper) rather than upon the type of work he does.
An employee frequently applies-the skills-of several crafts, crossing
craft lines, in order to complete an operation to which he is assigned;
electricians work with carpenters' tools, and carpenters who, during
the course of an operation, encounter unfinished work on engine bed
foundations, bulkhead fasteners, or electrical wiring, complete that
work themselves instead of waiting for the work to'be done by mechan-
ics from the engineering or electrical departments.
The record is barren of evidence to support the appropriateness of
the unit sought by the petitioner. While it appears,from testimony-by
.in officer of the Company that there are a number: of employees who
do, carpenters' -work only, the unit described by the petitioner -is not
confined to such an identifiable class of employees, but would establish
a group neither craft nor functional,' nor otherwise sufficiently definite
to permit practical ascertainment thereof among the employees of the
Company. Under these circumstances, we find that the unit urged by
the United is inappropriate for the purposes of collective bargaining 3
We accordingly find that no question has arisen concerning the rep-
resentation of employees of the Company in an appropriate bargain=
ing unit.- The petition for investigation and certification of
representatives will be dismissed.
ORDER
Upon the basis of the foregoing findings of fact and the entire re-
cord in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
filed by United Brotherhood of Carpenters & Joiners of America,
Local 1394, affiliated with the American Federation of_ Labor; be, and
it hereby is, dismissed.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Order.
2 For example, an employee in the welders' department using woodworking tools to make
patterns for the welders, would be included in the described unit
, a See Matter of Robe,t Jacybs, Inc. and Industrial Union of Marine and ShipbuildiniO
Workers of Ame,tea, Local 38, etc., 32 N. L. R. B. 646.