Neptune Boat & Davit Co., Inc.

National Labor Relations Board - Board Decisions

Jun 19, 1942

41 N.L.R.B. 1139 (N.L.R.B. 1942)

In the Matter of NEPTUNE BOAT & DAVIT CO., INC. and NEW ORLEANS
METAL TRADES COUNCIL, AFFILIATED WITH AMERICAN FEDERATION
OF LABOR
Case No. R3773.-Decided June 19, 1942
Jurisdiction : life boat construction industry.
Investigation and Certification of Representatives : existence of question: re-
'fusal to accord petitioner recognition; dispute as to appropriate unit; in the
event foremen should consider erroneous the assumption of Board that they
were supervisory employees, directed that their ballots should be received
subject to challenge by Board's representative ; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company at
its two New Orleans, Louisiana, plants, including the storekeeper, storeroom
men, and draftsmen, but excluding the superintendent, foremen, clerical em-
ployees and watchmen ; foremen excluded despite stipulation for their inclusion
upon assumption that they had the customary duties and authority which
their title indicated.
Mr. Sannuel Lang and Mr. John E. Parker, both of New Orleans,
La., for the Company.
Mr. Francis Tardy, of New Orleans, La., for the Union.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by New Orleans Metal Trades Council,
herein called the Union , alleging that a question affecting commerce
had arisen concerning the representation of employees of Neptune
float & Davit Co., Inc., New Orleans, Louisiana , herein called the
Company,' the National Labor ' Relations Board provided for an ap-
propriate hearing upon due notice'before Fontaine Martin , Jr., Trial
Examiner . Said hearing was held - at New Orleans, , Louisiana, on
April 25, 1942. The Company and the Union appeared , participated,
and were afforded full opportunity to be heard , to examine and to
cioss'exaniine witnesses, and to introduce evidence bearing on the
. Incorrectly described in the petition and other formal papers as "Neptune Boat & Davit
Corporation.
41 N. L R B, No 204.
1139
1140 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. Subsequent to the
hearing the parties entered into a stipulation with respect to the ap-
propriate unit. The stipulation is hereby made a part of the record
herein. `
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Neptune Boat & Davit Co., Inc., is a Louisiana corporation with
an office and two plants at New Orleans, Louisiana. The Company is
engaged at both plants in the repair and manufacture, sale, and dis-
tribution of lifeboats and life rafts for private steamship operators
and for the United States Maritime Commission with which the
Company has a present contract to build lifeboats and rafts to the
amount of $750,000. -
II. THE ORGANIZATION INVOLVED
New Orleans Metal Trades Council is a labor organization affiliated
with American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the petition herein, the Union requested
the Company to recognize it as the exclusive bargaining agency for
the employees of one of the Company's New Orleans plants. The
Company declined to recognize the Union as such bargaining agency,
claiming that the appropriate unit consisted of employees at both
plants.
A statement of the Regional Director, introduced in evidence at the
hearing, shows that the Union represents a substantial number of
employees in the unit hereinafter found 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) (7) of the National Labor Relations
Act.
2 The Regional Director reported that the Union had submitted 95 authorization cards,
of which 3 were dated March 30, 1942, and 92 undated , and that of the 95 cards sub-
mitted, 81 appeared to bear the signatures of persons on the Company 's pay roll of April
21, 1942, 79 being names appearing on the list entitled "pay-roll plant #1," and 2
being names appearing on the list entitled "plant #2 pay roll." Approximately 186 em-
ployees in the unit hereinafter found appropriate.
NEPTUNE BOAT & DAVIT CO., INC.
IV. THE APPROPRIATE UNIT
1141
Subsequent to the hearing, the parties entered into a stipulation
providing that the appropriate unit should consist of all employees
at both plants of the Company, including the storekeeper, storeroom
men, draftsmen, and all supervisory employees below the rank of
superintendent, but excluding the superintendent, clerical employees,
and watchmen.
Although the record indicates that organization has been prin-
cipally confined to plant No. 1, we find, in view of the stipulation of
the parties, the similarity of the work clone in both plants, and the
fact that employees are freely interchangeable between the two plants,
that the employees of both plants may constitute a single appropriate
unit.
We are, however, unable to accept that portion of the agreement
of the parties permitting the inclusion of all supervisory employees
below the rank of superintendent within the appropriate unit. While
the record does not disclose whether the four foremen, who would be
included in this category, have the right to recommend hire and dis-
charge, or whether they perform any manual labor in connection, with
their supervisory duties, it does appear that they have authority
to hire with the express permission of the superintendent. We assume
that the foremen have the customary duties and authority which their
title indicates and, accordingly, we shall exchide them from the unit.3
We find that all employees of the Company at its two New Orleans,
Louisiana, plants, including the storekeeper, storeroom men, and
draftsmen, but excluding the superintendent, foremen, clerical em-
ployees, and watchmen, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by, and we shall direct, an election by
secret ballot among the employees of the Company 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-
' If the foremen consider that our assumptions concerning their duties and powers are
erroneous and that they are eligible to vote, their ballots will be received subject to chal-
lenge by the Board's representative at the election
1142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions Act, and pursuant to Article III, Section 8, of National Labor
'Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Neptune Boat & Davit Co., Inc., New Orleans, Louisiana, 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
Fifteenth 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 ap-
propriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing 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 temporarily laid off, but excluding
any who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by New Orleans Metal
Trades Council, affiliated with American Federation of Labor, for the
purposes of collective bargaining.
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