Julius Petersen

National Labor Relations Board - Board Decisions

Jan 13, 1943

46 N.L.R.B. 1049 (N.L.R.B. 1943)

In the Matter Of JULIUS PETERSEN, AN INDIVIDUAL and MARINE METAL.
TRADES COUNCIL OF THE PORT OF NEW YORK AND VICINITY AND INTER-
NATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS AND
HELPERS OF AMERICA, A. F. L.
In the, Matter Of' JULIUS PETERSEN, AN INDIVIDUAL and MARINE, METAL.
TRADES COUNCIL OF'THE PORT OF NEW YORK AND VICINITY AND INTER-
NATIONAL BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS-
oF' AMERICA, LocAL #664, A. F. L.
In the Matter of JULIUS PETERSEN, AN INDIVIDUAL and, MARINE METAL
TRADES COUNCIL OF THE PORT OF, NEW YORK AND VICINITY AND UNITED"
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 964;.
ROCKLAND COUNTY AND VICINITY
Ii the Matter of JULIUS PETERSEN, AN INDIVIDUAL,an& MARINE, METAL.
TRADES COUNCIL OF THE PORT OF NEW YORK AND VICINITY AND I•NTER--
NATIONAL ASSOCIATION OF MACHINISTS, A. F. L. -
In the Matter Of JULIUS PETERSEN, AN'INDIVIDUAL and MARINE METAL-
TRADES COUNCIL OF THE PORT OF NEW YORK AND VICINITY, A. F. L.
,In the Matter of JULIUS PETERSEN, AN INDIVIDUAL, and MARINE METAL
TRADES COUNCIL OF THE PORT OF NEW YORK AND VICINITY AND UNITED
ASSOCIATION OF JOURNEYMEN PLUMBERS, STEAMFITTERS AND HELPERS
OF THE UNITED STATES AND. CANADA, LOCAL UNION 409, A. F. L.
In the Matter ,of JULIUS PETERSEN, AN INDIVIDUAL and INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL
22, CIO '
Cases Nos. R-4589 through R-4595, respectively.Decided
January 13,-1943,
Jurisdiction : shipbuilding industry. -
Investigation and Certification of Representatives : existence of question : refusal
to grant recognition ; request that Board determine appropriate units and bar
gaining agents craft unions affiliated with same parent organization which
sought respective craft units permitted-to participate in election fdr,employees
in industrial unit found appropriate if they wished to be represented therein
by a coordinating bargaining representative; intervenor who did not claim to:
represent employees in plant-protection 'unit accorded place on ballot when it
desired to participate, and its organizational activity which was still in pi3ocess`
was on industrial'basis and included unit involved; election necessary.
46 N. L. R.\ B., No. 119.
1049
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Units Appropriate for Collective Bargaining : (1) all production and mainte-
nance employees, including receiving and storeroom clerks, truck drivers, and
working foremen, but excluding other clerical and supervisory employees,
draftsmen, purchasing agent, timekeeper, and assistant timekeeper ; (2) all
plant-protection employees, excluding the captain of the guard.
Mr. Arthur J.'Petersen, of Upper Nyack, N. Y., for Petersen.
.AIr. George A. McKinnon, of New York City, for the'Council and
the Machinists.
Mr. William J. Condon, of Newburgh, N. Y., and Mr. Geo7'ge A.
JQhnson, ofkElmhurst, Lolig Island, N: Y., for the Boilermakers.
Mr. Colin MacDonald; of New York City, and Mr. John Williamson,
of Congers; N. Y., for the Painters., - '
Mr. Louis F. Semon, of Central Nyack,.N. Y., and Mr. John Ryan,
-of New York City,` for the Carpenters. I
Mr. Courtney Smith, of Nyack, N. Y., Mr. E. ' W. Leonard, of
Washington, D. C., and Mr. George A. McKinnon, of New York' City,
for the Plumbers.
Delson, Levin and Gordon, by Mr. I. Cyrus Gordon; Mr. Roy
Granata, and Mr. Henry H. Gordon, of New -York . City, for ' the
4C. I. O.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions and amended petitions filed by Marine Metal Trades-
Council of the Port of New York and Vicinity, herein called the
Council, by International Brotherhood of Boilermakers, Iron Ship-
builders and Helpers of America, A. F. L., herein called the Boiler-
"makers, by, International Brotherhood, of Painters;\ Decorators , and-
Paperhangers of America, Local'" , #664, A. F. L., herein called the
Painters, by United Brotherhood of Carpenters and Joiners of
America, Local 964, Rockland County and Vicinity, herein called the
Carpenters, by International Association of Machinists, A. F. L., herein
called the Machinists, by United Association of Journeymen Plumb-
ers, Steamfitters and Helpers of the United States and Canada, Local
Union 409, A. F. L., herein called the Plumbers,' and by Industrial
' The Boilermakers , the Painters , the Carpenters , the Machinists , and the Plumbers, all of
which are affiliated with the Council and with the American Federation of Labor, and herein
collectively called the Affiliates , filed separate petitions , each naming the Council as copeti-
tioner therein The Council and the C. I. O filed separate petitions At the commence-
ment of the hearing the petitions and other formal papers were amended to show the correct
name of the petitioning unions.
JULIUS PETERSEN - 1051
Union of Marine and Shipbuilding Workers of America, Local 22,
affiliated with the Congress of Industrial Organizations, herein called
the C. I. 0., each alleging that a question affecting commerce had
arisen, concerning the representation of employees of Julius Petersen,
an individual, Upper Nyack, New York, herein called Petersen,2 the
National Labor Relations Board provided for an appropriate con-
solidated hearing upon due notice before Jack Davis, Trial Examiner.
Said hearing was held at Nyack, New York, on 'November' 20 and 25,
1942. Petersen, the Council, the, Boilermakers, the Painters, the
Carpenters, the Machinists, the Plumbers, and the C. I. O. appeared,
participated, and were afforded full, opportunity to be heard, to ex-
amine 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. On December
1, 1942, the C. I. O. filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF PETERSEN
Julius Petersen, an individual doing business under his own name,
is-engaged in the construction of wooden vessels for the United States
Navy at Upper Nyack, New York. During the course of his business,
Petersen purchases,and causes to be delivered at his shipyard raw
materials consisting of wood, steel, pumps, radio equipment, and
kindred products. During the course -of a year, substantial quantities
of such raw materials are received at the shipyard from points out-
side New York. During the same period, a ,substantial number of
vessels constructed at the shipyard are delivered for use outside New
York. Petersen admits that he is engaged in commerce within the
meaning of the National Labor Relations Act.,
II. THE ORGANIZATIONS INVOLVED
Marine Metal Trades Council of the Port of New York and Vicinity ;
International Brotherhood of Boilermakers, Iron Shipbuilders and
Helpers of America; International Brotherhood of Painters, Dec-
orators and Paperhangers of America, Local #664; United Brother-
hood of Carpenters and Joiners of America, Local 964, Rockland
County and Vicinity; International Association of Machinists; and
United Association of Journeymen Plumbers, Steamfitters and
Helpers of the United States and Canada, Local Union 409, are labor
2 The petitions and other formal papers are hereby amended to show the correct name of
Petersen.
1052 DECISIONS OF NATIONAL , LABOR RELATIONS BOARD
organizations affiliated with the American Federation of Labor, ad-
mitting to membership employees of Petersen.
Industrial'Union of Marine and Shipbuilding Workers of America,
Local 22, is a labor organization affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of
Petersen.
M. THE QUESTIONS CONCERNING REPRESENTATION
The Affiliates, the Council, and the C. I. O. each asked Petersen to,
recognize it as bargaining -agent 'of employees in the unit which it
contends to be appropriate for bargaining. Petersen requested that
the determination of the appropriate bargaining unit and the bar-
gaining agent thereof be referred to the Board. The several compet-
ing labor organizations thereafter filed their petitions - in this
proceeding.,
A statement prepared by the Regional Director and other evidence.
introduced at the hearing disclose that the C. I. O. represents a sub-
stantial number of employees in each of the units herein found to be
appropriate.3
We find that questions affecting commerce have arisen concerning
the representation of employees of Petersen, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act. -
The C I 0 submitted 67 cards , all of which appear to bear genuine signatures of em-
ployees of Petersen . Of these cards , 6 bear the names of plant-protection employees and 61
the names of employees in the larger 'industrial unit. Petersen employs approximately
7'plant-protection employees and 177 other production and maintenance workers at the
shipyard. - -
The Painters submitted 11 cards bearing apparently genuine signatures of employees in,
its proposed' craft unit of 12 employees
The other Affiliates and the Council submitted approximately 100 application cards, all
bearing apparently genuine signatures of employees in the laigei industrial unit herein'
found appropriate . ' The signer of 1 card designated the Machinists as' his bargaining-
agdnt. Signers of other cards designated the Carpenters as their bargaining agent Signers
of the remaining and majority of cards designated International Union of Operating Engi-
neers, herein called the Operating Engineers, an organization affiliated with the Council and
the American Federation of Labor, as their bargaining agent These cards were obtained
by the Operating Engineers in June and July 1042 , when it conducted an organizing cam-
paign on a plant -wide basis • on behalf of itself and its parent body The craft pattern of
organization in the American Federation of Labor was explained to employees signing these
cards . In accordance with the respective craft jurisdictions indicated by 'the job classifica-
tions listed upon these cards , representatives of 'the American Federation of Labor there-
after assigned the cards to the several Affiliates herein represented . Cards not claimed by
the Affiliates were taken by the Council, for the basis of the residual unit for which it filed
its petition herein. Employees subject to the Painters ' craft jurisdiction signed new appli-
cation cards designating the Painters as 'their bargaining agent The Boilermakers, the
Carpenters , the Machinists ; and the Plumbers , relying principally on the cards signe'd'for
membership in the Operating Engineers and assigned to them, each filed a petition for a
craft unit . The C. I . O. moves that the joint and separate petitions filed by the Boilermakers,
the Carpenters , the Plumbers , and the Council be dismissed on the ground that none of the
named petitioners has presented evidence to disclose that employees in the several proposed
units desire to be represented by such petitioner : Since it clearly appears , that a substan-
tial number of the Company 's production and maintenance employees in the industrial unit
herein found appropriate have signified a desire to,•be represented by an affiliate of the
American Federation of Labor , we find it unnecessary to rule upon this motion.
JULIUS PETERSEN '
IV. THE APPROPRIATE UNITS
1053
Each of the Affiliates contends that all employees eligible to its
,craft jurisdiction constitute respectively a separate appropriate bar-
gaining unit.4,
The Council seeks bargaining rights for all production,and main-
tenance employees not specifically covered in the several craft units
proposed by the Affiliates, intending to segregate and further assign
such employees to affiliated international unions which may in the
future claim craft jurisdiction over them and bargaining rights on
their behalf.
The C. I. O. contends that all production and maintenance em-
ployees, excluding employees in certain clerical and supervisory cate-
gories more particularly discussed below, constitute an appropriate
bargaining unit. Petersen takes no position with respect to the
bargaining unit.
In May 1942 the C. I. O. organized the production and mainte-
nance employees at the shipyard on an industrial basis. In June and
July 1942, the Operating Engineers organized the same employees,
also on an industrial basis. The shipyard is a small plant, employing
less than 200, workers. Although there is a recent tendency to
,classify- employees at the yard upon the basis of the type of work
which they perfo'r'm, employees are shifted from oneJob classification
to another and from one department to another to a very consider-
able extent. Other small shipyards are organized on an industrial
:basis. For these reasons, and on the basis of the whole record, we
find that for the purposes of collective bargaining between Petersen
.and his employees an industrial unit of production and maintenance
,employees is appropriate.
The C. I. O. would include in its, proposed plant unit, and the
,Council within its proposed residual unit, the truck driver, receiving
and storeroom clerks, and working foremen.' We shall include these
,employees in the industrial unit herein found appropriate. The
C. I. O. and the Council agree, and we find, that the draftsmen and
the purchasing agent should be excluded from a unit composed of
The Boilermakers contends that all welders and welders ' helpers, including working
foremen but excluding other supervisory employees, constitute an appropriate unit. The
.Painters contends that all painters and their helpers , including working foremen, but
excluding other supervisory employees , constitute an appropriate unit The Carpenters
contends that'all carpenters , carpenters ' helpers,'ship woodworkers or boat builders , caulk-
ers, joiners , and mill hands , including working foremen , but excluding other supervisory
,employees , constitute an appropriate unit The Machinists contends that machinists and
machinists ' helpers , including working foremen , but excluding other supervisory employees,
constitute an appropriate unit. The Plumbers contends that all plumbers and plumbers'
helpers , including working foremen , but excluding other supervisory employees , constitute
an appropriate unit.
1054 DECISIONS OF NATIOM1 L. LABOR. -RELATIONS BOARD
production and maintenance 'employees:, The C. I. 0. would also'
exclude the timekeeper and the assistant timekeeper. The Council
would include them. We shall follow our usual practrce'and exclude
the timekeeper and assistant'timekeeper from the bargaining unit.
The C. I. 0. would include in its proposed plant unit -lion- super-=
visory plant, protection employees. ;The Council would exclude such
employees from a unit: of ordinary production employees. Before
Petersen was engaged in war contracts; he employed one general
watchman, now assigned to other work. Petersen has recently em-
ployed seven plant-protection employees as required by the United
States Navy in plants filling war contracts. These plant-protection
employees are armed guards, under the direct supervision of the cap-
tain- of the guard and the regulations of the United States Coast
Guard. Their duty is to prevent the entrance of unauthorized persons
to the shipyard and to protect the property and products of the ships
yard. For reasons which we have set forth in other decisions,5 we
have held that such plant-protection employees are advisedly excluded
from units of production employees and, are properly included in a
bargaining unit restricted to employees of their class. We shall there-. I in
fore exclude plant-protection employees from the unit for general
production and'maintenance employees and shall include them,'ex-
cluding their captain, in a'separate unit for bargaining purposes.
We find that all production and maintenance employees of Peter-
sen, including receiving and storeroom clerks, truck drivers, and work-
ing foremen, but excluding other clerical and supervisory employees,
draftsmen; purchasing agent, timekeeper, and assistant timekeeper;
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) ^ of the Act We further
find that all plant-protection employees of Petersen, excluding the
captain-of the guard, 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 find that the questions which have arisen concerning the;repre-
sentation of Petersen 's employees can best be resolved by elections by
secret ,- ballot.
It clearly appears that a substantial number of employees in the
larger plant unit herein found appropriate , have designated . a union
affiliated with the American Federation of Labor as their bargaining
representative . The Operating Engineers , which undertook the indus-
trial organization of employees on behalf of the American Federation
6 See Matter of Chrysler Corporation (Highland Paik Plant) and Local tLi, United Auto-
mobile, Aircraft and Agricultural Implement Woilcers of America. affiliated with the 0 I O,
44 N. L. R. B. 881, and cases cited therein. -
I
I
JULIUS PE,TERSEN- 1055
of Labor, and the several petitioning Affiliates are all members of the
Council: Since the Council, a copetitioner with each of the Affiliates,
can function as an appropriate coordinating bargaining representative
of all,employees desiring to be represented by an affiliate of,the Amer-
ican Federation of Labor, we shall provide that the Council and the
C. I. O..m-ay appear upon the ballot and participate in the election
among such employees."
At the time of the hearing neither the Council nor any of the Affil-
iates claimed to represent any plant-protection employees at the ship-
yard. Since, however, the organization of Petersen's employees was
undertaken on an industrial basis by both organizing agencies, and is
still in process, and the Council desires to participate in an election
which includes such employees, we shall permit the Council and the
C. 1. 0. to appear upon the ballot and participate in the election among
plant-protection employees.
Those eligible to vote in the elections shall be all employees of Peter-
sen within the separate units found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Elections, subject to the additions and
limitations set forth therein.
DIRECTION OF ELECTIONS
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 2, as amended, it is hereby
DII2EOrFD that, as part, of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Julius Petersen,
an individual, Upper Nyack, New York, separate elections by secret
ballot shall be conducted as early as possible but not later than thirty
(30) days from the date of this Direction of Elections, 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, Section 10, of said Rules and Regula-
tions, among all employees of the Company within the units 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 employees who have since quit or
6 Matter'of Gibbs Gas Engine Company and Int'l Brotherhood of Boilermakers. Pon Sh p-
builders, Welders & Helpers of America, Local #$199, et al, 42 N. L. R. B. 272 and 42
N L R B. 279
1056 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
been discharged for cause, to determine whether they desire to be rep-
resented by Marine Metal Trades Council of the Port of New York
and Vicinity,- A. F. L., or by Industrial Union of Marine and Ship-
building Workers of America, Local ^22, CIO, for the purposes of
collective bargaining, or by neither. '
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Elections.
I