M. L. & S. Co.

National Labor Relations Board - Board Decisions

Aug 21, 1944

57 N.L.R.B. 1455 (N.L.R.B. 1944)

In the Matter of M. WOLFSON, L. E. WOLFSON, S. WOLFSON, E. GALOOB,
AND SAUL WOLFSON, D/B/A M. L. & S. CO., AND CHARLES L. GAINES,
JR., MARGARET S. GAINES, CHARLES L. GAINES, AND LAVINIA Z. GAINES,
D/B/A C. L. G. CO., AS COPARTNERS D/B/A EASTPORT CONSTRUCTION
COMPANY and INDUSTRIAL UNION OF MARINE & SHIPBUILDING WORK-
ERS OF AMERICA, CIO
Case No. 10-R-1236.-Decided August 21; 1944
Messrs. Charles L. Gaines, Jr., and Joseph Glickstein, of Jackson-
ville, Fla.; for the Company.
Mr. C. Duggan Boartfiield, of Jacksonville, Fla., for the C. I. O.
Mr. Van Pittman, of Jacksonville, Fla., for the Carpenters.
Mrs. Catherine W. Goldman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Industrial Union of Marine & Ship-
building Workers of America, C. I. 0., herein called the C. I. 0.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of M. Wolfson, L. E. Wolf son, S. Wolfson,
E. Galoob, and Saul Wolfson, doing business as M. L. & S. Co., and
Charles L. Gaines, Jr., Margaret S. Gaines, Charles L: Gaines, and
Lavinia Z. Gaines, doing business as C. L. G. Co., as copartners doing
business as Eastport Construction Company, Jacksonville, Florida,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before T. Lowry
Whitaker, Trial Examiner. Said hearing was held at Jacksonville,
-Florida, on June 28, 1944. At the hearing the Trial Examiner granted'
a motion to intervene made by Carpenters District Council, United
Brotherhood of Carpenters and Joiners of America, A. F. of L., herein
called the Carpenters. The Company, the C. I. 0., and the Carpenters,
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
57 N. L. R. B, No. 229. 1
1455
1456, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity io'file briefs with the Board.
Upon the 'entire record in the case, the,Board makes the following :
FINDINGS OF FACT
I
1. THE BUSINESS OF THE COMPANY
Eastport Construction Company, a copartnership between the
Wolfson family and the Gaines family, with its principal place of
business at Jacksonville, Florida, is engaged in the manufacture of
wooden shipping containers. Since March 1, 1944, the Company has'
purchased raw materials amounting'in value to approximately $195,-
000, of which 25 percent originated outside the State of Florida.
During the same period the Company sold finished products amount-
ing in value to approximately $300,000, of which 99 percent was
shipped to points outside the State of Florida.
The Company admits that it is engaged in commerce within the
Ineaning of the-National Labor Relations Act.
11. THE ORGANIZATIONS, INVOLVED
Industrial Union of 'Marine &,' Shipbuilding Workers of America,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
Carpenters. District Council of Jacksonville, Florida, United
Brotherhood of Carpenters and Joiners of America, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the C. I. O. as exclusive
bargaining representative of its employees.
The Company and the Carpenters contend that a contract executed
on July 8, 1943, between Eastport Marine Construction Co." and
.Jacksonville Metal Trades Council, of which the Carpenters is a mem-
ber, constitutes a bar to this proceeding. This contract, however;
contains no termination clause. Since it is a contract of indefinite
1 Eastport Marine Construction Co., a Florida corporation organized with identical stock-
holders and officials as those of the Company , with the exception of president and vice
president, was formed July 12, 1943 , for the purpose of handling an Army contract for
building wooden barges . Upon the completion of the contract in December 1943 the entire
operations of Eastport Marine Construction Co. were transferred to the Company. The
corporation continues in existence solely for the purpose of collecting final payments under
the Army contract.
M. L. & S. CO. 1457-
duration and has been in effect for a period of 1 year, we find that it
does not bar a present determination of representatives.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. 0. represents a substantial number
of employees in the unit hereinafter found appropriate.2
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, substantially in accordance with an agreement of the
C. I. 0. and the Carpenters, to which the Company does not object,
that all employees of the Company, excluding guards, office and cleri-
cal employees, nailing inspectors, foremen, and, all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status, of employees, or effectively rec-
ominend such action, constitute a unit appropriate for the purpose 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 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. '
The Company anticipates securing a barge building contract from
the Army in the immediate future and; in consequence thereof, con-
templates an increase in the number of its employees from 150 to'at
least 2,500. In view of the anticipated expansion of the Company's
operations we shall, in accordance with the principle enunciated in
Matter of Alumninuea Company of Amnerica,3 entertain a new repre-
sentation petition affecting the employees involved herein within a
period of less than 1 year, but not before the expiration of 6 months
from the date of any certification which we may issue in the instant
proceeding, upon proof (1) that the number of employees in the ap-,
2 The Field Examiner i eported that the C. I. O. submitted 214 authorization cards ; that
the names of 50, persons appealing on the cards were listed on the Company's payroll of
June 7, 1944, that there are 50 employees in the unit requested, and that the cards were
dated as follows. 3 in April 1944, 46 in May 1944, and 1 undated. He reported that the
Carpenters submitted 7 dues records, that the names of 7 persons appearing on the
recoils were listed on the Company's pay roll of June 7, 1944 ; and that the payments
were dated June 1944 The Carpenters also relies upon its contract to establish its interest
in the proceeding
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601245-45-vol. 57-93
1458 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD
propriate unit is more than , double the number of employees eligible
to vote in the election hereinafter directed,, and (2 ) that the petition-
ing labor organization represents a ,substantial ' number of employees
in the expanded, unit.
The C. I. O. requests that it be designated on the ballot as C. I. 0.;
the Carpenters requests that it be' designated on the ballot as Car-
penters -District Council and Local Union 101 7, A. F. of L. The
requests are 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'Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relatipns 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 M. Wolfson. L E.
Wolfson, S. Wolfson, E. Galoob, and Saul Wolfson, doing business'
as M. L. & S. Co. and Charles L. Gaines, Jr.,' Margaret S. Gaines,
Charles L. Gaines, and Lavinia Z.'Gaines , doing-business as C. L. G.
Co., as copartners doing business as Eastport Construction Company,
Jacksonville, Florida, 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 Tenth 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 dur-
ing the pay-roll period immediately preceding the date of this Direc-'
tion, 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 those em-
ployees 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 the C. 1.-0. or by Car-
penters District Council and Local Union 1017, A. F. of L., for the
-purposes of collective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the' above
Decision and Direction of Election.
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