Palmer Scott & Co., Inc.

National Labor Relations Board - Board Decisions

Sep 6, 1943

52 N.L.R.B. 468 (N.L.R.B. 1943)

In the Matter Of PALMER SCOTT- & COMPANY, INC. AND CAPE COD
AMERICAN HouSE COIIPORATION and UNITED BROTIIERI-IOOD OF CAR-
PENTERS & JOINERS OF AMERICA (A. F. L.)
Case No. R-5804.-Decided September 6, 1943
Messrs. Oliver Prescott, Jr., and Fisher Abramson, both of New
Bedford, Mass., for the Company.
Mr. Roland E. Dube, of New Bedford, Mass., for the AFL.
Grant & Angoff , byMr. Sidney L. Grant, of Boston, Mass., for the
CIO.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition'duly filed by United Brotherhood of
Carpenters & Joiners of America (A. F. L.), herein called the AFL,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Palmer Scott & Company, Inc., and
Cape Cod American House Corporation,' herein collectively 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 New Bedford, Massachusetts,
on August 6, 1943. The Company, the AFL, and Industrial Union
of Marine and Shipbuilding Workers of America (CIO), herein
called the CIO, appeared, participated, and were afforded full oppor-
tunity 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.
' At the hearing the AFL amended its petition so as to include the employees of the Cape
Cod American House Corporation This amendment was granted by the Trial Examiner
without objections by any of the i)aities herein.
52 N. L. R. B., No. 74.
468
PALMER SCOTT & COMPANY, INC. 469
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Palmer Scott & Company,' Inc., herein called Palmer Scott, is en-
gaged at New Bedford, Massachusetts, in the manufacture of small
boats under 80 feet in length. It purchases annually raw materials
valued at approximately $400,000, of which more than 50 percent is
received from points outside the State of Massachusetts. During the
calendar year, the Company's billing for merchandise manufactured
by it approximated $1,000,000. Ninety percent of the production of
the Company is on defense contracts for some branch of the United
States Government, and the remaining 10 percent consists of a repair
business dealing principally with commercial fishing vessels working
out of New Bedford, Massachusetts. The Company's finished boats
are delivered either in the waters of the Port of New Bedford or
over the lines of interstate railways from said port. Approximately
all of the Company's production is delivered eventually to points
outside the State of Massachusetts.
Cape Cod American House Corporation, a wholly owned subsidiary
of Palmer Scott & Company, Inc., herein called the Cape Cod Corpo-
ration, furnishes the latter with all of the lumber used in the boats
manufactured by it. Ninety percent of the present business of the
Cape Cod Corporation consists of the prefabrication and manufacture
of fittings for the Palmer Scott boats, the remainder being a general
house-building and repair business operated in and around the city
of New Bedford. The major part of its present work is performed
on the premises of Palmer Scott. We find that the Company, as
hereinabove defined, is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Brotherhood of Carpenters & Joiners of America is a labor
organization affiliated with the American Federation of Labor ad-
mitting to membership, through its Local 1416, employees of the
Company.
Industrial Union of Marine and Shipbuilding Workers of America
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 9, 1943, the AFL requested that Palmer Scott
recognize it as the exclusive bargaining agent for all of its employees.
Palmer Scott refused to grant said recognition unless and until there
has been a certification of the proper bargaining agent by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the AFL 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) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The AFL, in its amended petition, seeks to represent a unit consist-
ing of all production and maintenance employees of Palmer Scott,
including stockroom employees employed at the Main Yard, the Rod-
ney French Yard, and the Car Barn, but excluding executives, non-
working foremen, office and clerical employees, and guards. As here-
inabove indicated, the AFL made a, motion at the hearing to amend the
unit which it sought by including within it the employees of the Cape
Cod Corporation; this motion was -granted by the Trial Examiner
without objection by the other parties herein. The CIO, while agree-
ing for the most part with the unit requested by the AFL, would ex-
clude working foremen on the ground that they are supervisory em-
ployees. The Company takes no position with regard to the appro-
priate unit.
The Company employs a number of individuals known as "key men,"
who, the CIO=-contends, are working foremen exercising supervisory
authority, and should therefore be excluded from the unit. The record
reveals that these employees, however, are nothing more than the older
and more skilled employees of the Company who act in the capacity
of gang leaders. They are assigned several helpers, ranging from two
to seven, to whom they act as conduits for the transmission of orders
and whom they instruct in the course of the performance of their tasks.
These employees work along with their men and have no power or
2 The Regional Director reported that the AFL submitted 77 authorization cards bearing
apparently genuine and original signatures and containing the names of persons appearing
upon the Palmer Scott pay roll of July 17, 1943. This pay roll contained the names of
approximately 155 persons within the classifications sought by the APL
He further reported that the CIO submitted 10 application cards bearing apparently
genuine original signatures of the names of persons appearing on the above -mentioned
pay roll.
The names of two employees appear on the cards submitted by both labor organizations
involved herein.
The record indicates that there are approximately 19 employees engaged by the Cape Cod
Corporation . Thus, there are approximately 174 employees in the unit hereinafter found
appropriate.
PALMER SCOTT & COMPANY, INC. 471
authority to hire or discharge, or to recommend such action. In view
of the foregoing, we are of the opinion that these employees do not
exercise duties sufficiently supervisory in character so as to warrant
their exclusion from the unit. We shall include them.
The Company employs a female in its toolroom whose duties are
partially clerical in nature but who is primarily concerned with the
handing out of tools in the toolroom. The AFL would include her
within the unit; the CIO would include her only if the major part of
her working day is spent in work of a character other than clerical.
The record indicates that the major part of this employee's time, is
spent in the performance of her toolroom duties; we shall therefore
include her within the unit.
The Company employs two individuals as watchmen who are not
armed or deputized. Their duties consist primarily of sweeping the
premises and keeping the fires going in the heating boilers. We are of
the opinion that the duties of these employees, as set forth above, in-
dicate that they perform the customary duties of watchmen and are
not part of the specialized plant-protection force which the Com-
pany also employs.3 We shall therefore include them within the ap-
propriate Unit .4
Although neither of the labor organizations involved herein in-
dicated any specific representation among the employees of the Cape
Cod Corporation, since the major part of the latter's present work is
done on the Palmer Scott premises for Palmer Scott and the record
indicates a close functional relationship between the two, we are of the
opinion that the interests of such employees are sufficiently akin to
those of the Palmer Scott employees to warrant their inclusion within
the same unit; we shall therefore include them within the unit.
We find that all production and maintenance employees of the Com-
pany, as hereinabove defined, employed at its Main Yard, the Rodney
French Yard, and Car Barn, including key men, watchmen, toolroom
employees, and the employees of Cape Cod Corporation not employed
within any category hereinafter excluded, but excluding executives
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or, otherwise effect changes in the status of em-
ployees, or effectively recommend such action, office and clerical em-
ployees, and armed guards, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
3 we shall exclude , in accordance with our usual practice , all persons engaged as deputized
guards
4 Matter of Hamrick Mills , 44 N. L. R B 238; Matter of North Carolina Finishinq Company,
44 N. L. R. B. 681; Matter of The Brown Paper Mill Company, Inc., 45 N. L. R. B. 1227;
Matter of Kay Products Company, Division of Tyler Fixture Corporation , 51 N. L. R. B. 1216.
472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Re-
lations 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 Palmer Scott,
& Company, Inc., and Cape Cod American House Corporation, New
Bedford,, Massachusetts , an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) clays 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 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 temporarily
laid off, and including employees 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,
to determine whether or not they desire to be represented by United
Brotherhood of Carpenters, & Joiners of America, affiliated with the
American Federation of Labor, or by Industrial Union of Marine
and Shipbuilding Workers of America, affiliated with the Congress
of Industrial Organizations , for the purposes of collective bargain-
ing, or by neither.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.
Although the showing of the CIO within the unit found appropriate cannot be called
substantial, we shall, according to our usual practice, afford it a place on the ballot inasmuch
as it has made some showing, and we are holding an election within said unit.