Peirce & Kilburn Corp.

National Labor Relations Board - Board Decisions

Aug 19, 1943

51 N.L.R.B. 1430 (N.L.R.B. 1943)

In the Matter Of PEIRCE & KILBURN CORPORATION and UNITED BROTHER-
HOOD OF CARPENTERS & JOINERS OF AMERICA, A. F. OF L.
Case No. R-5751.-Decided August 19, 1943
Healy & Fus field, by Mr. David G. Fus field, of New York City, for
the Company.
Mr. Roland E. Dube, of New Bedford, Mass., for the Carpenters.
Grant & Ango ff, by Mr. Frederick Cohen, of Boston, Mass., for the
C..I.O.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon. petition and amended petition duly filed by United Brother-
hood of Carpenters & Joiners of America, A. F. of L., herein called
the Carpenters, alleging that a question affecting commerce had arisen
concerning the representation of employees of Peirce & Kilburn Cor-
poration, Fairhaven, Massachusetts, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert E. Greene, Trial Examiner. Said hear-
ing was held at New Bedford, Massachusetts, on July 26, 1943. At the
commencement of the hearing the Trial Examiner granted a motion
of Industrial Union of Marine and Shipbuilding Workers of America,
C. I. 0., herein called the C. I. 0., fo intervene. The Company, the
Carpenters, and the C. I. O. appeared at and participated in the hear-
ing, and all parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 :
51 N. L. R. B., No. 230.
1430
PEIRCE & KILBURN CORPORATION
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
1431
Peirce & Kilburn Corporation is a Massachusetts corporation with
its principal place of business at Fairhaven, Massachusetts, where it
is engaged in the repair of ships and vessels. During 1942 the Com-
pany purchased raw materials valued at about $59,000, approximately
12 percent of which was shipped to it from points outside the State of
Massachusetts.
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 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.
III. THE QUESTION CONCERNING REPRESENTATION
On June 23, 1943, the Carpenters requested the Company to recog-
nize it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request until such time
as the Carpenters is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Carpenters 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 National Labor Re-
lations Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all pro-
duction and maintenance employees of the Company, excluding ex-
ecutives, foremen, office employees, officers of the guard, guards,
watchmen, 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.
1 The Regional Director reported that the Carpenters presented 41 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of June 26, 1943 . There are approximately 55 employees in the appropriate' unit.
He further reported that the C . I. O. presented 7 application cards bearing apparently gen-
uine signatures of persons whose names appear on the June 26 , 1943, pay roll.
1432 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 means of an election by' secret ballot among
the employees 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 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 ]Peirce & Kilburn
Corporation, Fairhaven, Massachusetts, 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 super-
vision of the Regional Director for the First Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject 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 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 they desire to be represented by United Broth-
erhood of Carpenters & Joiners of America, affiliated with the Amer-
ican 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 bargaining,
or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.