Luders Marine Construction Co.

National Labor Relations Board - Board Decisions

Sep 19, 1942

44 N.L.R.B. 214 (N.L.R.B. 1942)

In the Matter of LUDERS MARINE CONSTRUCTION COMPANY and INDUS-
TRIAL UNION OF MARINE & SHIPBUILDING WORKERS OF AMERICA,
C. I..O.
Case No. R-468.-Decided September 19
Jurisdiction : ship designing, building, and repairing industry.
Investigation and Certification of Representatives : existence of question : Oom-
pany's doubt of'union's claim of majority; election necessary
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including working foremen, plant guards, and watchmen, but excluding
officers, foremen, draftsmen, and office employees ; stipulation as to.
Mr. Alfred E. Luders, Jr., of Stamford, Conn., for the Company.
Mr. Garvin MacPherson, bf Bronx, N. Y., for the C. I. O.
Mr. Phillip Whitehead and Hr. William E. Allison, of Stamford,
Conn., for the A. F. of L.
Mr. Louis Cokin,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Industrial Union of Marine & Ship-
.building Workers of America, C.I. O:,-herein called the C. I. O.;=alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation- of employees of Luders Marine Construction Company,
Stamford, Connecticut, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before William T. Little, Trial Examiner. Said hearing was held at
Stamford, Connecticut, on September 10, 1942. The Company, the
C. I. 0., and the American Federation of Labor, herein called the A. F.
of L., appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and hereby affirmedt
Upon the entire record in the case, the Board makes the following :
44 N. L. R. B., No. 37.
214
LUDERS .MARINE CONSTRUCTION COMPANY 215
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Luders Marine Construction Company is a New York Corporation
with its principal place of business at Stamford, Connecticut, where
it is engaged in the designing, building, repair, and sale of boats.
During the 12-month period preceding September 1, 1942, the Com-
pany purchased raw material valued in excess of $100,000, approxi-
mately 80 percent 'of which aw as shipped to it from outside Connecti-
cut. During the same period, the .Company sold finished products
valued in excess of $100,000, substantially all of which were shipped out
of Connecticut. The Company admits that, it is engaged in commerce
within,the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Industrial Union 'of'Mari neI&,Shipbuilding Workers of America
is a' labor organization affiliated with the Congress of Industrial Or-
ganizations , admitting to membereship_employees of the Company.
The American Federation of Labor is a labor organization admitting
to membership employees of the Company. ,
Ili. THE QUESTION CONCERNING REPRESENTATION
On August 3, 1942, the C. I. 0., claiming to represent a majority
of the Company's employees, requested a collective bargaining confer-
ence. On August 10, 1942, the Company replied stating that it doubted
the C. I. O.'s claim to a majority.
.The Company contends that no election should be held in this
proceeding on the grounds that neither labor organization involved
.has -made -a•preliminary showing of majority representation. •A'state-
ment of the Regional Director, introduced into evidence during the
hearing, indicates that the C. I. O. represents a substantial number of
the employees in the unit hereinafter found to be appropriate and we
shall direct an election herein.'
We find that a question affecting commerce has arisen concerning
the representation of the employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
' The Regional Director reported that the C I . 0 presented 261 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of August 29, 1942. He further reported that the A. F. of L. presented 75
authorization cards bearing apparently genuine signatures of persons whose names appear
on that pay roll There are approximately 748 persons on the August 29, 1942, pay roll
who are in the unit hereinafter found to 'be appropriate
216 DECISIONS OF NATIONAL LABOR' RELATIONS, BOARD
IV. THE 'APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, including
working' foremen, plant guards, and watchmen, but excluding'officers,
foremen, draftsmen, and office employees, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.2
V.' THE D1:1ERTLIN MON OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be, resolved by an election by secret ballot among the em-
ployees 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.
The C. I. O. requests that it appear on the ballot as "Shipbuilding
Union, C. I. 0." 'The request is Hereby granted.
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 Relations
Act; and pursuant to Article III,' Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that,, as part of the .investigation to ascertain representa-
tives for the purposes of collective bargaining with Luders Marine Con-
struction Company, Stamford, Conecticut, an election by secret ballot
shall be conducted,as early as possible, but not later than thirty (3O)
days from the date of this Direction, under the direction and super-
vision 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, 9, 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 any such employees who did,not.work
during said pay-roll period because they were ill or- on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding any who have since quit or.been- dis-
charged for cause, to determine whether they desire to be represented
by Shipbuilding Union, C. I. 0., or' by the American Federation of
Labor, for the purposes of collective bargaining, or by neither:
MR. WM. M. LELSERSON took no part in the consideration of the
above Decision and Direction of Election.
2 The parties .further ,igieed that working foremen are synonymous with snappers or
lead men who do not have the authority to hire or discharge. -