New England Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Sep 7, 1943

52 N.L.R.B. 511 (N.L.R.B. 1943)

In the Matter of NEW ENGLAND SHIPBUILDING CORPORATION and PORT-
LAND MARINE 'DRAFTSMEN 'S ASSOCIATION, ASSOCIATED WITIt THE
NATIONAL CouNCIL OF MARINE DRAFTSMEN
Case No. B-5835.-Decided September 7,1943
Drummond cC Drummond, by Mr. William B. Mahoney, of Port-
land, Maine, for' the Company.
Messrs. Dudley P. Cotton and Robert W. Mitchell, of South Port-
land, Maine , and Mr. H. M. Larrabee, of New York City, for the As-
sociation.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Portland Marine Draftsmen's Asso-
ciation, associated with the National Council of Marine Draftsmen,
herein called the Association, alleging that a question affecting com-
merce had arisen concerning the representation of employees of New
Engla`nd' Shipbuilding Corporation, South Portland, Maine, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Robert E. Greene,
Trial Examiner. Said hearing was held at Portland, Maine, on Au-
gust 14, 1943. The Company and the Association appeared, partici-
pated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings 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
New England Shipbuilding Corporation is a Maine corporation,
having its principal place of business at South Portland, Maine, where
52 N. L. R. B., No. 80.
511
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it is engaged in the construction of cargo vessels for the United States
Maritime Commission. Approximately 95 percent of all the raw
materials used by the Company is shipped to it from points outside
the State of Maine. All vessels constructed by the Company are de-
livered to the United States Maritime Commission at Portland Har-
bor, Maine. The Company concedes that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Portland Marine Draftsmen's Association, associated with the
National Council of Marine Draftsmen, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Association, through its representatives, requested that the
Company recognize it as the exclusive bargaining representative of
the employees claimed by it to be within the appropriate unit. The
Company's representative replied that the Company was not dis-
posed to recognize any organization as the exclusive representative
until such time as such representative had been designated by the Na-
tional Labor Relations Board.
A statement of the Regional Director introduced in evidence at
the hearing indicates that the Association represents a substantial
number of employees in the unit hereinafter found 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 parties agree that all draftsmen, tracers, designers and engi-
neers of the type now employed in Department 10, blueprint room em-
ployees and technical clerks, but excluding clerical employees and su-
pervisors, constitute an appropriate unit. A dispute exists, however,
with respect to the status of three employees, D. P. Cotton, R. W.
Haskell, and E. W. Eldridge, question being raised as to whether
these employees are supervisors. The record discloses that Cotton
is employed in the hull drawing room and is classified as a first-class
draftsman. Haskell is also employed in this department and checks
purchase orders against material lists to see that they are properly
coordinated. Eldridge works in the blueprint room and is engaged at
1 The Regional Director reported that the Association had submitted 33 membership
applications, of which 30 bear the apparently genuine original signatures of persons whose
names are on the Company's pay roll as of June 24, 1943, containing a total of 33 names
of persons in the unit claimed to be appropriate.
NEW ENGLAND SHIPBUILDING CORPORATION 513
both blueprinting and photostatic work. Each of these employees
distributes work to other employees and checks it upon its completion.
Each receives a somewhat higher hourly rate of pay than that of the
employees with whom he works. It was testified, however, by the chief
hull draftsman, that all the Company's supervisors are paid on a sal-
ary basis. Each of these employees spends the greater part of his 'time
in doing the actual work at which he and the employees with him are
engaged. Although each is responsible for checking the work which
he distributes, and for its correctness and accuracy, the authority to
approve the work rests with the head of the department. The rec-
ord clearly indicates that none of these employees in question has the
authority to recommend discipline or promotion. In view of all
these circumstances we find that Cotton, Haskell, and Eldridge are
not supervisors within the meaning of the customary definition. We
shall include them in the unit.
We find that all draftsmen, tracers, designers and engineers of the
type now employed in Department 10, blueprint room employees and
technical clerks, but excluding clerical employees and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in 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 Elec-
tion 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
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 represent-
atives 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
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, Sections 10 and 11, of said Rules and Regula-
tions , 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 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 Portland Marine Draftsmen's Association, associated with the
National Council of Marine Draftsmen, for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election. '