New England Shipbuilding Corp.

National Labor Relations Board - Board Decisions

May 5, 1943

49 N.L.R.B. 480 (N.L.R.B. 1943)

In the Matter of NEW ENGLAND SHIPBUILDING CORPORATION and
INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF
AMERICA, LOCAL 50 (CIO) `
In the Matter of NEW , ,ENGLAND SHIPBUILDING CORPORATION and
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS , IRON SHIPBUILDERS
AND HELPERS OF AMERICA (AFL)
Cases Nos. R-5116, R-5117 respectively.Decided May 5, 1943
Drummond & Drummond by Mr. Waidleigh B. Drummond, of
Portland, Maine, and Mr. William B. Mahoney, of Portland, Maine,
for the Company.
Grant & Angoff, by Mr. Sidney S. Grant, of Boston, Mass., for
Local 50.
Mr. Bernard Ezhaya, of Portland, Maine, for the Boilermakers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions and amended petitions duly filed by Indus-
trial Union of Marine and Shipbuilding Workers of America, Local
50, C. I. 0., herein called Local 50, and International Brotherhood
of Boilermakers, Iron Shipbuilders and Helpers of America, A. F.
of L., herein called the Boilermakers, alleging that questions affect-
-ing commerce had arisen concerning the representation of employees
,of New England Shipbuilding Corporation, South Portland, Maine,
herein called the Company, the National Labor Relations Board con-
solidated the-cases and provided for an appropriate hearing upon
due notice before Robert 'E. Greene, Trial Examiner. Said hearing
was held at Portland, Maine, on April 5, 1943. The Company, Local
50, and the Boilermakers 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 Trial Exam-
iner's rulings made at the hearing,are free from prejudicial error and
are hereby affirmed.
49 N. L. R. B., No. 64.
480
NEW ENGLAND SHIPBUILDING CORPORATION 481
On April 12, 1943, the Boilermakers filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
New England Shipbuilding Corporation is a Maine corporation
with its principal place of business at South Portland, Maine, where
it is engaged in the construction of cargo vessels for the United States
Maritime Commission. Approximately 95 percent of all raw materials
used by the Company is shipped to it from points outside the State
of Maine. All ships constructed are delivered to the United States
Maritime Commission at Portland Harbor, Maine.
II, THE ORGANIZATIONS INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America,
Local 50, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the Com-
pany.
International Brotherhood of Boilermakers, Iron Shipbuilders and
Helpers of America is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize Local 50 or the Boilermakers as
exclusive representative of certain of its employees until such time as
one or the other is certified by the Board.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that Local 50 and the Boilermakers each
represents a substantial number of employees in the unit alleged by
each to be appropriate.,
We find that questions affecting commerce have arisen concerning
the representation of employees of,the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National, Labor
Relations Act.
' The Regional Director reported that Local 50 presented 166 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of February 26, 1943. There are approximately 448 employees in the unit
urged by Local 50. The Regional Director further reported that the Boilermakers pre-
sented 81 membership application cards bearing apparently genuine signatures of persons
whose names appear on the Company 's pay roll of February 26, 1943 . There are approxi-
mately 196 employees in the unit urged by the Boilermakers.
482 ' DECISIONS OF NATIONAL LABOR RELATl'ONS BOARD
'TV. THE APPROPRIATE UNIT
The Boilermakers contends that all counters employed by the Com-
pany, excluding supervisors, constitute an appropriate unit. Local 50
urges that all counters and timekeepers employed by the Company,
including district chief timekeepers, but excluding supervisors of
timekeepers and counters, chief counters, senior assistant chief coun-
ters" assistant chief counters, and clerical employees, constitute an
appropriate unit. The Company took no position with respect to the
scope-of the unit, but requested that district chief timekeepers be ex-
eluded from any unit that might be found appropriate. .
The duties of the timekeepers and the counters are similar in that
both, classes of employees report ,bsentees twice daily, contact em-,
ployees twice daily to determine what particular jobs are being. per-
formed, and post time-cards with respect to hours worked and hull and
job numbers. Both classes -of employees also distribute pay checks.
The only distinction between the timekeepers and the counters is that
the, former report the number of hours worked wherea's the counters
report the bonus' and piece-work paid to employees. They are also
under the same supervision and receive the same rate of pay. We find
that timekeepers and counters constitute a single unit in view of the
similarity in nature and purpose of their work.2
As stated above, Local 50 urges that district chief timekeepers be
included in the 'unit and the Company that they be excluded. The
district chief timekeepers are paid on a salary basis in contrast to the
other timekeepers who are paid on an hourly-rate. While the ordinary
timekeepers work throughout the Company's yards the duties of the
district chief timekeepers confine them to their desks. We shall ex-
clude district chief timekeepers from-the unit since they have super-
vision over other timekeepers.
We find that all counters and timekeepers of the Company, excluding
supervisors of timekeepers and counters, chief counters, senior assistant
chief counters, assistant chief counters, district chief timekeepers, chief
timekeepers, assistant chief timekeepers, senior assistant chief time-
keepers, and clerical employees, 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 means of an election by'secret ballot among
the employees i' the appropriate unit who were employed during the
2 See Matter of Cramp Shipbuilding Company and Industrial Union of Marine 4 ,Ship'
building Workers of America , Local No 42, 46 N. L. R. B., 115.
NEW ENGLAND SHIPBUILDING CORPORATION - 483
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
The Boilermakers stated at the hearing that in the , event the Board
found that the 'unit urged by it is not appropriate it did not desire to
appear on the ballot . Accordingly, we shall not place it on the ballot
in the election which we shall direct. -
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 2, as amended , it is hereby
DIRECTED that,'as part of the investigation - to ascertain representa-
tives for the purposes of collective bargaining with New England
Shipbuilding Corporation, South Portland, Maine, 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 First Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, 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 any such 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 any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Industrial
Union of Marine and Shipbuilding Workers of America, Local 50,
C. I. O., for the purposes of collective bargaining.
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