Electric Boat Co.

National Labor Relations Board - Board Decisions

Aug 15, 1944

57 N.L.R.B. 1348 (N.L.R.B. 1944)

In the Matter-of ,'EI cTRic `BdAT i Oi\ PA1. Y, ELCO NAVAL DivisIoN and
ELCO WORDS EMPLOYEES ASSOCIATION, INC.
Case 11No. 2-R-41186.-Decided August 1.5, 19444
Mr. Morton L. Deitch, of New York City, for the Colnpany.
Mr. Charles Muche, of Bayonne, N. J., for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND ,
ORDER
STA TEMENT OF THE CASE
e
Upon a petition duly filed by Elco Works Employees Association,
Inc., herein called the Union, alleging that a question affecting com-
merce, had arisen concerning the representation of employees of
Electric Boat Colnpany, Elco,Naval Division, Bayonne, New Jersey,
herein called the Company, the National Labor Relations Board pro-
vided for iui appropriate hearing upon due notice before James C.
Paradise, Trial Examiner. Said hearing was held at New York City
on June 30, 1944. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine wiinesses,.aud to introduce evidence bear-
ing on the issues. The Trial Esaniinei'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 or FACT
1. TIIE BUS I NESS OF THE COMPANY
Electric Boat Company is a New Jersey corporation operating plants
in Connecticut and New-Jersey. At the Elco Naval Division, Bayonne,
New Jersey, with which this proceeding is concerned, the Company
builds PT boats, gun turrets, and smoke screen materials principally
for the United States Navy. This plant purchases, more than
$1,000,000 worth of raw material annually, the greater part of'which
is shipped to the Bayonne plant from points outside the State of'New
Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
57 N I. R B.No 205.
1348
ELECTRIC BOAT COMPANY 1349
IL. THE ORGANIZATION INVOLVED
Elco Works Employees Association, Inc., unaffiliated , is a labor
organization admitting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION; THE ALLEGED
APPROPRIATE UNIT
The Union, Which now represents the production and mainte-
nance employees at the Elco Naval Division plant, seeks a separate
unit of shop clerks. The Company contends, inter' alict, that the shop
clerks have access to confidential information with respect to labor,
matters and should not, therefore, be included in any bargaining
unit. The record esrablishes that the shop clerks are in reality secre-
taries to the general foremen in charge of various departments in- the
plant. The shop clerk shares the general foreman's office, opens his
mail, answers his telephone, and does any typing required. In addi-
tion to her other duties, she has charge of all personnel records kept
by the general foreman. She knows the wage rates of each employee
in the department, keeps a record of wage increases, maintains the
file of warning slips used to notify employees of infractions of rules,
types inter-office niemoranda respecting personnel matters and is pres-
ent during discussions behw een the general foreman and his sub-
foremen concerning labor problems. In short, the shop clerks in the
course of their duties acquire such confidential knowledge of labor
relations matters as would warrant their exclusion from any bar-
gaining unit otherwise found to be appropriate 1 and, equally, render
inappropriate any unit composed solely of such employees.' We find'
that the unit proposed by the Union is inappropriate for the purposes
of collective bargaining.
- We 'accordingly find that no question has arisen concerning the
representation of employees of the Company in an appropriate bar-
gaining unit. The petition for investigation and certification of, rep-
resentatives will be dismissed.
ORDERR
Upon the basis of the foregoing findings of fact and the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
filed by Elco Works Employees Association , Inc., be, and it-hereby
is, dismissed.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Order. ,
I Matter of General Cable Corporation, 55 N L R B 1143 ; ifatter of Chrysler Corpora-
tion, 36 N L. R B 157.
z Matter of The Hoover Company, 55 N. L. R. B. 1321.