Morris Basin Dry Docks

National Labor Relations Board - Board Decisions

Oct 15, 1945

64 N.L.R.B. 229 (N.L.R.B. 1945)

In the Matter of C. T. RODERMOND, D/B/A MORRIS BASIN DRY DOCKS
and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING W ORKERS OF
AMERICA, LOCAL 15, C. I. 0.
Case No. 2-R4538.-Decided October 15, 1945
Saul Nemser, Esq., of'Jersey City, N. J., and Mr. Harry 0. Roder-
mond; of Jersey City, N. J., for the Company.
Rothbard, Harrison, and Talisman, by Clarence Talisman, Esq., of
Newark, N. J., and Mr. George Sabosik, of Hoboken, N. J., for the
Petitioner.
Mr. Dominick E. Porto, of Brooklyn, N. Y., for the Intervenor.
Mr. Mozart G. Ratner, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Industrial Union of Marine and Ship-
building Workers of America, Local 15, CIO, herein called the Peti-
tioner, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of C. T. Rodermond, d/b/a
Morris Basin Dry Docks, Jersey City, New Jersey, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Richard J. Hickey, Trial
Examiner . - The hearing was held at Jersey City, New Jersey, on
June 29, 1945. The Company, the Petitioner, and Ship Caulkers Local
1292, International Longshoremen's Association, affiliated with the.
American Federation of Labor, herein called the Intervenor, appeared
and participated.' All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiners rulings made at
the hearing are free from prejudicial error and are hereby affirmed. At,
the conclusion of the hearing counsel for the Company moved to dis-
miss the petition on the grounds that Petitioner had failed to support
i The Intervenor appeared for the sole purpose of protecting its interest with respect to
the employees whom it presently represents . Petitioner made no claim to represent these
employees , and the Intervenor expressed no further interest in the proceeding
64 N L R B., No. 38.
229
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by evidence the allegation in its petition that it represented a ma-
jority of the employees in the alleged appropriate unit and that Peti-
tioner had failed to establish that the Company refused to recognize
it as exclusive bargaining representative . The motion was referred to
the Board . For the reasons indicated below, the motion is denied.
All parties were afforded an 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 CO âIPANY
Since 1939, C. T. Rodermond, an individual doing business as Morris-
Basin Dry Docks, has been engaged in the repair of harbor craft, tanks,
barges, and car floats at his yards in Jersey City, New Jersey. Dur-
ing the calendar year 1944, the Company purchased raw materials
valued in excess of $250,000, of which approximately 50 percent was
shipped from places outside the State of New Jersey. During the
first-5 months of 1945, the Company purchased raw materials valued
at.approximately $200,000, of which approximately 35 percent was
shipped from outside the State of Ne', Jersey. During the calendar
year 1944, the value of the repairs and services rendered by the Com-,
pany exceeded $1,000,000. During the first 5 months of 1945, the
^alue of such repairs and services was approximately $350 ,000. The
harbor craft upon which the Company's services are performed ply
between various states of the United States along the Atlantic
Seaboard.
We find, contrary to the Company's contention, that it is engaged in
commerce within the meaning of the National- Labor. Relations Act.
H. THE ORGANIZATION INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America,,
Local 15, affiliated with the Congress of Industrial Organizations, is
.r a.,labor organization • ,admitting . to .membership employees.-of the
Company. ^
III. TIIE QUESTION CONCERNING REPRESENTATION
On March 31,1945, Petitioner wrote a letter to the Company request-
ing recognition as the exclusive bargaining representative of the em-
ployees named in the petition. The Company did not reply to this
request. At the hearing, Petitioner again requested the Company to.
recognize it and the Company refused to grant such recognition.
MORRIS BASIN DRY DOCKS 231
A statement of a Board'agent, introduced into, evidence at the hear-
ing, indicates' that the -Petitioner,represents a, substantial number of
employees in the unit hereinafter_found appropriate.'.
We find.that a question affecting coni nerce has arisen concerning.the
representation, of employees of the Company, within the meaning of
Section 9„(c) and'Seetion 2 (6) and (7) of the At.
IV. THE APPROPRIATE UNIT
The parties agree, and we find, that-all production and maintenance
employees including deck hands, 'sawyers, storekeepers, watchmen,
machinists, painters, blacksmiths, burners, electricians, carpenters,
laborers, electric welders, riggers,-iron workers', and rrtachinists' spe-
cialists, at the Morris -Basin, Dry • Docks, but excluding caulkers,'
office workers, salesmen, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes iii
the status of employees, or effectively recommend such action, specifi-
cally, the, owner, general manager, plant superintendent, assistant
superintendent, general foreman,- yard foreman', snappers, acid' dock
masters, constitute aI unit appropriate for the purposes' of 'collective
bargaining within the meaning of Section 9 (b) of the Act.'
IT. 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 in the
Direction. -
' 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 the National
Labor Relations Board Rules and Regulations-Series 3, as amended,
it is hereby
s The Field Examiner reported that the Petitioner sub,initted 105 authorization cards, all
of which bore apparently genuine original signatures , that the names of 95 persons appear-
ing on the cards were listed on the Company's pay roll of April 14, 1945, which contained
the names of 179 employees in the appropriate unit , and that the cards were dated as
follows March 26, 1945-4, March 27, 1945-28, March 28, 1945-25, 38 were undated
8 For the past 11 years, the Company has recognized the Intervenor as exclusive bargain-
ing representative of the caulkers in its employ and collective bargaining agieenients have
been , in effect between the Company and the Intervenor covering this group of employees
througlfout this period . Such a contract is now in-effect.
232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with C. T. Rodermond,
d/b/a Morris Basin Dry Docks , Jersey City, New Jersey , 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 Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article , III, Sections 10 and It, , of said
Rules and Regulations ; among the employees in the unit found appro-
priate 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 employ-
ees in the armed forces of the United States who present themselves in
person at the polls, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election , to determine whether or not
they desire to be represented by International Union of Marine and
Shipbuilding Workers of America, Local 15, C. I . 0., for the pur-
poses of collective bargaining.