Moore Dry Dock Co.

National Labor Relations Board - Board Decisions

Aug 26, 1944

57 N.L.R.B. 1641 (N.L.R.B. 1944)

In the Matter of MOORE DRY DOCK COMPANY and TECHNICAL ENGI-
NEERS', ARCHITECTS ' AND DRAFTSMEN 'S UNION, LOCAL 89, At F. OF L.
Case No. 20-R-1067.-Deckled August 06, 1014
Brobeck, Phleger c.C Harrison, by Mr. M. B. Plant, of San Francisco,
Calif., for the Company.
Mr. J. A. Johnson, of Oakland, Calif., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Technical Engineers', Architects' and
Draftsmen's Union, Local 89, A. F. of L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Moore Dry Dock Company, Oakland,
California, herein called the Company, the National Labor Relations
Board provided for-an appropriate hearing upon due notice before
Gerald P. Leicht, Trial Examiner. Said hearing was held at San
'Francisco, California, on July 7 and 8, 1944. The Company and the
Union appeared, participated; and were afforded full opportunity to,
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues.' The rulings of the Trial Examiner
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 OF THE COMPANY
Moore Dry Dock Company, a California corporation, maintains-its
principal office and place of business in Oakland, California, where it'
1 Office Workers Union , Local 20744 , A F. of L , although served with notice, did not
appear and informed the Board that it claimed no interest among the employees in the
unit for which the Union . is petitioning
57 N. L . R B, No 273.
1641
'1642 DECISIONS ' OF NATIONAL' LABOR RELATIONS BOARD
is engaged in' the construction and repair of oceangoing vessels and
in the business of steel fabrication. The principal raw materials
used by the Company in its operations are steel pipe, plates, shapes,
bars, and sheets; copper sheets, tubing, and pipe; brass sheets, bars,
'tubing, and pipe; steel iron, and bronze castings; and forging ingots,
forging billets, and lumber. During the past year, the Company
purchased raw materials having an approximate value of $36,000,000,
of which 85 percent was shipped to th'e plant from points outside the
State of California. 'During the same period, the Company con-
structed ships having an approximate value of $176,000,000,. and de-
livered all of them to agencies of the United States Government.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act._
II. THE ORGANIZATION INVOLVED
Technical Engineers', Architects' and Draftsmen's Union, Local 89,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested recognition from the Company as,the collective
bargaining representative of the latter's technical and engineering em-
ployees. The Company, in effect, refused to extend recognition in the
absence of certification by the Board.
A statement' of, a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit alleged to be 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
The Union is petitioning for a unit of all employees of the Company
engaged in technical and engineering work, including specifically those
listed in Appendix A, attached hereto, but excluding the chief en-
gineer, all other supervisory employees with power to hire or discharge,
and all non-technical clerical and office employees.3'
z The Field Examiner reported that the Union submitted 65 designation cards, and that
there were -approximately '145 employees in the unit alleged to be appropriate. Evidence
adduced at the hearing indicates that the number of employees in the unit hereinafter
found appropriate is approximately 244.
s The Company has collective bargaining contracts with 4 labor organizations represent
ing various groups of its production and maintenance employees . Employees in 8 out
of the 22 departments of the Company not presently covered by the bargaining contracts
would be included in the unit sought by the Union.
4
i
MOORE DRY DOCK COMPANY 1643
The Company opposes the unit proposed by the Union only to the
-extent that the Union seeks the inclusion of the following categories
,of employees : senior technical clerks and technical clerks' assistant
blueprint machine operators in the Drafting Department; employees
in the Estimating Department; -,mployees in the Progress and Sta-
tistics Department; the assistant chief planning engineer in the Pro-
auction Control and Planning Department; and the assistant chief sys-
tems and methods engineer in the Systems and Methods Department.
Senior technical clerks and technical clerks: These two classifica-
tions were established with the approval of- the National War Labor
Board, as set forth in its ruling issued on ' February 14, 1944, and
amended 'oh' March 23, 1944. One or both of the classifications are
found in six of the eight departments in which the Union claims em-
ployees in its proposed unit, and are also found in five other depart-
ments.4 The work of employees in the two classifications varies con-
siderably from department to department. The Company contends
that such employees are essentially clerical rather than technical
personnel. In support of its contention, it asserts that the classifica-
tions were established solely to provide greater range for grade pro-
motion of clerks; that changes in classification resulted in no change in
functions; that none of the employees having the classifications re-
quires engineering training or experience; and that there are instances
where general clerks perform the same work as senior technical, clerks
and technical clerks.
The record indicates that generally the senior technical clerks and
technical clerks perform duties of an essentially clerical nature. In
recognition of the difference in interests, backgrounds, and functions
between technical and professional employees, on the one hand, and
office and clerical employees, on the other, we have declined to include
the two groups in one unit where there has been opposition from one
of the parties.5 In the present proceeding, however, the several groups
of technical and engineering' employees whom the parties agree to
include in the unit possess such varying degrees of skill, training, and
experience that a clear-cut line of demarcation cannot readily be
drawn between the engineering and technical employees, the tech-
nical and semi-technical employees, and the semi-technical and asso-
ciated nontechnical employees. The senior technical clerks and tech-
nical clerks whom the Union would include in the unit are in close
association with the technical and engineering employees and perform
work which is closely related to the work of the latter. ' Although a
4 There are approximately 131 senior technical clerks and technical, clerks employed by
the Company, of whom 117 are in departments which the Union claims to be technical and
engineering departments.
5 See International Hat Lester Company, West Pullman Works, 56 N L. R B 1111, and
cases cited therein
1644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
technical background is not required of senior technical clerks and
technical clerks, it is desirable, and considerable technical knowledge
is acquired in the performance of their work or in special study, courses
in which many of them have enrolled. These factors clearly distin-
guish the senior•technical'clerks and technical clerks in question from
ordinary office and clerical employees. We conclude that these facts
do not require an application of our usual policy. In view of this con-
clusion, and, the further fact that no union is seeking at this time to
represent the Company's clerical employees 6 we shall include the
senior technical clerks and technical clerks in the unit.? -
Assistant blueprint machine 'operators: The Company has two blue-
print machines in its Drafting Department. Each machine has one or
.two operators, an assistant operator, and trimmers. The operators are
classified as senior technical clerks or technical clerks, and, in accord-
ance with our findings above, are included within the unit as such.
Although the two, assistant operators and the trimmers are classified
as general clerks, since their duties are similar or closely allied to those
of the operators, we shall also include them in the unit.
'Employees in the Estimating, Department: The employees in this
department include the chief estimator, the assistant chief estimator,
eight estimators, and two junior estimators. The Union does not seek
to include in its proposed unit the chief estimator who is the head of
the department, but does claim all other employees. The assistant
chief estimator normally supervises a group of estimators. He has
effective power to recommend hiring and discharge and, in the absence
of the chief estimator, is in complete charge of the department with'
full authority to hire and discharge. The assistant chief, estimator
is clearly a supervisory employee within our' customary definition
and we shall, therefore, exclude him from the unit.
The estimators go aboard ships about to be repaired and make an
estimate of the work to be done and the cost involved. The estimate
forms the basis for the Company's bid on the repair job. The Company
contends that the estimators are performing a management function
by virtue of their contact, on board ship, with officers and other rep-
resentatives of the ship owners and their part in formulating, bids.
However, we do not consider the functions of estimators to be such as
would clothe them with managerial status. The record is clear that
estimators must have technical knowledge and training,-and are
usually transferred from engineering or drafting departments. With
their technical background, estimators clearly have interests more akin
to those of the technical and engineering employees than to those of
9 As indicated in footnote 1, supra, Office Workers Union, Local 20744, A F of L,
expressly , indicated that it had no present interest in the employees claimed by the Union.
7 See Matter of Chrysler Corporation, et al , 55 N L R. B. 1039. ,
M00RE ' DRY 'DOCK "COMPANY 1645
other groups of employees. We shall, therefore, include estimators
in the unit. Since junior estimators are differentiated from estimators
only in matter of degree, we shall include them also. , ,
. Employees in the Progress and Statistics Department: In this de-
partment, the Union seeks to represent progress estimators and sta-
tistical draftsmen. The Company would exclude the former because
they are not employed in an engineering capacity, and would exclude
the latter because they are not engaged in, marine drafting. The
progress estimators go on board ships which are under repair or con-
struction to make an estimate of the amount of work which has been
completed. They do'this by.checking off from a list those items which
have been installed. Occasionally they have recourse to blueprints
to learn the location, of specific installations. We are of the opinion
that the reasons which impelled our inclusion of senior technical clerks
and technical clerks in the unit are equally applicable to progress
estimators. We shall', therefore, include progress estimators in the
unit.
Tlie statistical draftsmen produce statistical charts and drafts.
Although their work does not involve drawing and copying plans,
nevertheless, it is of a technical character and requires similar skill
in that it necessitates the use of many tools used by marine draftsmen.
We find that statistical draftsmen properly belong in the unit.
The assistant chief planning engineer and the assistant chic fasystemns
and methods ennginecrs: The record indicates that the assistant chief
planning engineer in the Production Control and Planning Depart-
ment and the assistant chief systems and methods engineer in the
Systems and' Methods Department occupy positions of a supervisory
status comparable to that held by the assistant chief estimator in the
Estimating Department, whom we excluded above. Accordingly, we
shall exclude them.
We find that all employees of the Company engaged in technical and
engineeringwork, including, specifically, leadermen, seriuor draftsmen,
draftsmen,' junior draftsmen, assistant blueprint machine operators,
and trimmers in the Drafting Department; planning engineers, plan=
ners, and draftsmen in the Production Control and Planning Depart-
ment; estimators and junior estimators in the Estimating Department;
surveyors, chainmen, senior draftsmen, and draftsmen in the Hull
Department; senior draftsmen, draftsmen, and surveyors in the
Machinery and Outfitting Department; progress estimators and sta-
tistical draftsmen in the Progress and Statistics Department; senior
draftsmen and draftsmen in the Structural. Steel Department; systems
and methods engineers and )draftsmen in the Systems and Methods
Department; and all senior technicahj clerks and, technical clerks in all
:the.above-mentioned-,departments, excluding all other senior technical
1646 DECISIONS OF NATIONAL,LABOR RELATIONS BOARD
clerks and technical clerks," non-technical office and clerical em-
ployees, and draftsmen chargemen, the assistant chief estimator in
the Estimating Department, the assistant, chief planning engineer
in the Production Control and Planning Department,, the assistant,
chief systems and methods engineer in the Systems and Methods De-
partment, and all other supervisory employees with authority to hire,,
promote, discharge, discipline, or otherwise effect changes iii the,status.
of employees, or effectively, recommend such action, 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 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 therein.
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 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 Moore Dry Dock
Company, Oakland, California, 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 Twentieth Region, acting in this mat-
ter 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 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 tem-
porarily laid off, and including employees in the armed forces of the
United States 1who present themselves in person at the polls, but
excluding any who have since(quit or been discharged for cause' and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by, Technical
At least one technical clerk is a teletype operator. We agree with the parties that
such employee should be excluded from the unit.
MOORE DRY DOCK COMPANY 1647
Engineers', Architects' and Draftsmen's Union, Local 89, A. ,F. of L.,
for the purposes of collective bargaining.
CHAIRMAN Mnj is took no part in the consideration of the above
Decision and Direction of Election.
. APPENDIX A
Drafting Department
Leadermen
Draftsmen, Senior'
Draftsmen
Draftsmen, Junior
Technical Clerks, Senior
Technical Clerks
Assistant Blue Print Machine
Operators
Production Control and Planning
Department
'Assistant Chief Planning En-
gineer
Planning Engineer's
Planners
Draftsman
Technical Clerks, Senior
Technical Clerks
(Excluding the teletype op-
erator so designated)
Estimating Department
Assistant Chief Estimator
Estimators
Estimators, Junior
Hull Department
Surveyors
Chainnien (Stadia rodmen)
Draftsmen, Senior
Draftsman
Technical Clerks
Machinery and Outfitting Depart-
ment
Draftsman, Senior
Draftsmen
Surveyor
Technical Clerks, Senior
Technical Clerks
Progress and Statistics Depart-
ment
Progress Estimators
'Statistical Draftsmen
Structural Steel Department
Draftsmen, Senior
Draftsman
Technical Clerks, Senior'
Systems and Methods Department
Assistant Chief Engineer
Systems and Methods Engineers
Draftsmen
Technical Clerks, Senior
Technical Clerks
r