Hudson Engineering Co.

National Labor Relations Board - Board Decisions

Jan 7, 1946

65 N.L.R.B. 238 (N.L.R.B. 1946)

In the Matter of HUDSON ENGINEERING COMPANY and METAL TRADES
DEPARTMENT , A. F. of L.
Case No. PR-5697.-Decided January 7, 1946
Mr. John J. Boylan, of Jersey City, N. J., and Mr. James F. McMul-
len, of Hoboken, N. J., for the Company.
Messrs. Stephen M. Estey, Robert A. Reber, and Charles A. Holmes,
of New York City; and Mr. Fran1] A. Stauch, of Jersey City, N. J.,
for the M. T. D.
Mr. Joseph F. Woglam, of New York City, for the I. L. A.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Metal Trades Department, A. F. of L.,
herein called the M. T. D., alleging that a question affecting commerce
had arisen concerning the representation of employees of Hudson
Engineering Company, Hoboken, New Jersey, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Louis Plost, Trial Examiner. The
hearing was held at New York City, on September 28, 1945. The
Company, the M. T. D., and International Longshoremen's Associa-
tion, Local 1474, General Maintenance Work, A. F. of L., herein called
the I. L. A., 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 Exam-
iner'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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OP TIIE COMPANY
Hudson Engineering Company is a New Jersey corporation with
its principal place of business in Hoboken, New Jersey, where it is
65 N. L. R. B., No. 49.
238
HUDSON ENGINEERING COMPANY 239
engaged in ship repair work and general marine engineering. During
the year 1944,. the Company purchased raw materials valued in excess
of $10,000, of which 50 percent was shipped from points outside the
State of New Jersey. During the same period, the Company com-
pleted products valued in excess of $20,000, of which 50 percent was
shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Metal Trades Department is a labor organization, affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
International Longshoremen's Association, Local 1474, General
Maintenance Work, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the M. T. [).as the
exclusive bargaining representative of certain of its employees. The
Company refused this request on the ground that it was operating
under a contract with the I. L. A.
Contractual relations have existed between the Company and the
I. L. A. since August 8, 1942. The last contract between these parties
was executed by them on October 1, 1943, to continue in operation until
October 31, 1945. Although the Company and the I. L. A. contend,
in effect, that the contract is a bar to this proceeding, it is obvious that
it is not, for it has already terminated.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the M. T. D. 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
We find, in substantial accordance with a stipulation of the parties,
that all production and maintenance employees engaged at the Com-
pany's 1114 Clinton Street plant, Hoboken, New Jersey, excluding
' The Field Examiner ieporterl that the ?yI T D submitted 85 authorization cards, and
that there are apl.Ioxim.itely 100 employees in the ae+pio a irti unit TI', k--eiatiou
relics upon its iecentiv expued contract to establish its interest iii this pioceeding
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240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chauffeurs, clerical employees, foremen, and all other supervisory
employees with authority to hire, promote, discharge,, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
Y. TIIE DETERA NATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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.
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 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 Hudson Engineer-
ing Company, Hoboken, New Jersey, 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 supervision
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 employ-
ees 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 theniselves in person at the polls, but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to deter-
mine whether they desire to be represented by Metal Trades Depart-
ment, A. F. of L., or by International Longshoremen's Association,
Local 1474, General Maintenance Work, A. F. of L., for the purposes
of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.