Merrill-Stevens Dry Dock & Repair Co.

National Labor Relations Board - Board Decisions

Sep 23, 1948

79 N.L.R.B. 962 (N.L.R.B. 1948)

In the Matter Of MERRILL-STEVENS DRY DOCK & REPAIR COMPANY,
EMPLOYER AND PETITIONER and INDUSTRIAL UNION OF MARINE &
SHIPBUILDING WORKERS OF AMERICA, CIO, UNION
Case No. 10-R211-15.-Decided September 23, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
Whereby affirmed.
. Pursuant to the provisions of Section 3 (b) of the National Labor
.Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. Industrial Union of Marine & Shipbuilding Workers of America,
CIO, hereinafter called the Union, is a labor organization, claiming
to represent employees of the Employer.
3. The alleged question concerning representation :
The Employer has for some time recognized the Union as bargaining
representative of its production and maintenance employees. At the
hearing, the Employer conceded that it did not question the majority
status of the Union, and it further asserted that it will continue to
recognize the Union as the bargaining representative of the production
and maintenance unit."
'Chairman Herzog and Members Houston and Roynolds
1 The parties are in dispute concerning the supervisory status of leading men who direct
the work of skilled employees The duties of leading men are : to direct work of mechanics
to maintain production ; to interpret shop orders or specifications ; and to assign work to be
done by workmen under them , and rate the efficiency of these employees . Leading men may
effectively recommend that employees be hired , promoted, or demoted ; but they have no
'authority to discipline or discharge men, although the Employer relies on their recommenda-
tions with respect thereto . They do not engage in productive work except for purposes
of demonstration and receive a salary of 18 cents per hour over the highest rate of pay of
men they direct . Under these circumstances , we are of the opinion that these leading men
.are supervisors within the meaning of the Act.
. _ 79 N. L. R. B., No. 117.
962
MERRILL-STEVENS DRY DOCK & REPAIR COMPANY 963
Accordingly, we find that no question affecting commerce exists con-
cerning the representation of employees of the Employer, within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act 2
ORDER
' Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.
2 See Matter of Lake Tankers Corporation, 79 N. L. R. B. 442.