Dravo Corp.

National Labor Relations Board - Board Decisions

May 31, 1945

61 N.L.R.B. 1644 (N.L.R.B. 1945)

In the Matter of DRAVO CORPORATION, REALTY DIVISION 1 and INTER-
NATIONAL BROTIIERITOOD or FIREMEN AND OILERS, LOCAL 75, AFL
Case No. 6-R-1103.-Decided May 31, 1945
Messrs. Frank E. Colio, Robert Geisler, and C. H. Bryan, all of
Pittsburgh, Pa., for the Company.
Mr. J. C. Wiedmann, of Pittsburgh, Pa., for the AFL.
Mr. Milton Weisberg, of Pittsburgh, Pa., for the CIO.
Mr. Samuel G . Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Firemen
and Oilers, Local 75, AFL, herein called the AFL, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Dravo Corporation , Realty Division , Pittsburgh,
Pennsylvania , herein called the Company , the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice be-
fore Allen Sinsheimer , Trial Examiner . Said hearing was held at
Pittsburgh , Pennsylvania , on April 19, 1945. At the hearing, the
Trial Examiner granted a motion to intervene made by United Main-
tenance Workers Union, Local 1347 , CIO, herein called the CIO. The
Company, the AFL, and the CIO 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
I. THE BUSINESS OF THE COMPANY
Dravo Corporation is a Pennsylvania corporation engaged in the
manufacture of ships and cranes at Neville Island, Pennsylvania,
1 Name as amended at hearing
61 N. L. R. B., No. 257.
1644
DRAVO CORPORATION 1645
and Wilmington, Delaware. At Pittsburgh, Pennsylvania, the Com-
pany operates the Dravo Building, with which we are concerned
herein. This building houses many of the offices of Dravo Corporation
and is an integral part of its operations. During the past year the
Dravo Corporation purchased for use at its shipyards at Neville Island,
Pennsylvania, raw materials valued in excess of $1,000,000, of which
more than 50 percent originated at points outside the Commonwealth
of Pennsylvania. During the same-period-it manufactured and sold
,faniAW,,produdts,valued in excessrof $1,000,000, of Which- mo?e#. than
50`perceiit was shipped to points outside the Commnonwealth.
The Company admits, for the purpose of this proceeding, that it is'
engaged in commerce within the meaning of the National Labor'
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Firemen and Oilers, Local 75, affihi
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
United Maintenance Workers Union, Local 1347, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the AFL as the,
exclusive bargaining representative of certain of its employees until
the AFL has been certified by the Board in an appropriate unit 2
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the AFL represents a substantial number of
employees in the unit hereinafter found appropriate.a
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 parties are in agreement that all maintenance employees work-
ing in the Company's Dravo Building, excluding office , clerical, and
f Neither the Company nor the CIO specifically raises as a bar a contract made by
them, effective as of May 9 , 1944, which was to continue in operation for 1 year and for
annual periods thereafter in the absence of notice to terminate or to change given by
either party. It appears that the AFL apprised the Company of its claim to representation
on February 19, 1945.
3 An attorney for the Board reported that the AFL submitted eight authorization cards ;
that the names of eight persons appearing on the cards were listed on the Company's pay
roll of March 29 , 1945, which contained the names of eight employees in the appropriate
unit ; and that the cards were all dated February 26, 1945. The CIO relies upon its contract
as evidence of its interest.
639678-45-vol. 61-105
1646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervisory employees, constitute an appropriate unit. They are in
disagreement, however, with respect to the inclusion of the superin-
tendent of the building, the Company contending that he is a .super-,
visory employee and should be excluded, and both the AFL and the
CIO taking the opposite position.
Charles Reilly is in charge of the Dravo Building, under the gen-
eral supervision of the general manager, and is classified on the pay
roll as the superintendent of the building. He supervises seven main-
tenance employees, regulates their hours of work, grants them leaves
of absence, makes out vacation schedules; and is responsible for their
presence when needed. His salary is $170 per month, whereas that
of, the men under his supervision amounts to $120 per month, exclud-
ing overtime. - He, is not- required to account strictly to the general
manager for the time occupied in his various duties. These include
miscellaneous repair and maintenance work, such as electrical, plumb-
ing, boiler, and furniture repairs, firing the boiler, running elevators
and purchasing in small quantities supplies necessary to the main-
tenance of the building. Although it is clear that Reilly is a working
foreman, it is equally clear that his supervisory duties require at least
one-third of his time. Moreover, it is undisputed that none of his
recommendations with respect to employment or discharge has been
refused. In fact, he has hired or effectively recommended the hiring
of five of the seven employees under his supervision, and he has also
effectively recommended the discharge of one employee. Under these
circumstances, we shall exclude him from the unit.
We find that all maintenance employees working in the Company's
Drano Building, excluding all office and clerical- employees, the super-
intendent of the building, and all other 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 another election by secret ballot among the
employees 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 4
k We hereby grant the requests of the AFL and the CIO to appear on the ballot as their
names are set forth in the Direction.
DRAVO CORPORATION
DIRECTION OF ELECTION
1647
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, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dravo Corpora-
tion, Realty Division, Pittsburgh, Pennsylvania, 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 su-
pervision of the Regional Director for the Sixth 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 election,
to determine whether they desire to be represented by International
Brotherhood of Firemen and Oilers, Local 75, Pittsburgh, Pennsyl-
vania, or by United Maintenance Workers Union, Local 1347, CIO,
for the purposes of collective bargaining, or by neither.