Sullivan Dry Dock & Repair Corp.

National Labor Relations Board - Board Decisions

Sep 27, 1944

58 N.L.R.B. 598 (N.L.R.B. 1944)

In the Matter of SULLIVAN DRY DocK & REPAIR CORP. and LOCAL 13,
INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF
AMERICA, C. I. O.
Case No. '?-R-44.869.Decided September °9'7, 19444
I^lr. J. Read Smith., of Brooklyn, N. Y., for the Company.
Dlr. lFill'iam L. Standard, by Mr. Herman Rosenfeld, of New York
City, and Mr. John J. King, of Brooklyn, N. Y., for the C. I. O.
Boudin, Cohn & Clickstein, by MMIr. Samuel Harris Cohn, of New
York City, for the A. F. of L.
Hiss Ruth Rusch, of counsel to the Board.
DECISION.
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE A
Upon a petition duly filed by Local 13, Industrial Union of Marine
and Shipbuilding Workers of America, C. I. 0., herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Sullivan Dry Dock & Re-
pair Corp., Brooklyn,. New York, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Jerome I. Macht, Trial Examiner. Said hear-
ing was held at New York City, on August 28, 1944. The Company,
the C. I. 0., and Local 807, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, A. F. of L.,
herein called the A. F. of L., appeared and participated. All parties
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
an opportunity to file briefs with the Board.
58 N. L R B, No 118
598
SULLIVAN DRY DOCK & REPAIR CORP. 599
Upon the'entire record in the case, the Board makes the 1-ollowing
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a New York corporation with its place of business
located at Brooklyn, New York, where it is engaged in the manufacture
of propeller wheels and the repair and conversion of ships for conm-
mercial customers, and the United States Army, Navy, and Maritime
Commission. Doling the past year, the 06lnpany purchased mate-
rials amounting to more than $500,000, in value, which were shipped
from points outside the State of New York. The Company repaired
or converted ships valued at approximately $1,000,000, which were used
in foreign commerce and in intercoastal waters. Most of the propel-
lers which the Company maiiufltctinres are shipped to points outside
the State of New York.
The Company admits that it is engaged in commerce within the
meitning'of-the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 13, Industrial Union of Marine and Shipbuilding Workers of
America, affiliated with the Congress. of Industrial Organizations, is a
labor organization admitting to membership employees of the Com-
pany. °
Local 807, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to ]membership
employees of the Company.
III. THE QUESTTON CONCERNING ItE•'PRRESENTATION
The Company has refused to grant recognition to the C. I. O. as the
exclusive' 'baigainnlg' rejnre-5eihfative of its truck drivers until the
C. I. O. has been certified by'the' Board in an-appropriate unit.
A. statement of a Field E of iilier introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.
'The Field Examiner iepor#ed that the C I 0 submitted 12 application and authoriza-
tion cards, all of which bore the names of persons listed on the Company's pay roll of
July 10, 1944, which contained the names of approximately 16 emj1doyees in the appro-
priate unit There were 10 eaidg dated between September 1941 and Maicli .i944,and 2
cards were undated - - -
The A F of 1, submitted four application cards The navies of four persons appearing
on the cards were contained-in the aforesaid pay roll The cards apparently were all dated
in July 1944 - -' " - -
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Z (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
All the parties agree that the truck drivers constitute an appropriate
unit. However, both the C. I. O. and the A. F. of L. seek to include
the yard dispatcher, who is involved in this proceeding, in the unit
with the truck drivers while the Company contends that the dispatcher
should be excluded •on the ground that he is a supervisory employee.
The dispatcher's office is located in the Company's yard and is re-
ferred to as a booth. His duties consist of notifying the truck drivers
of their assignments; keeping records of the various trucks, where
.they are assigned, when they reach their destination, and when they
are to return; and keeping the time iecdrds. Althot'igIi the Company
contends that he is a supervisor with authority to recommend hiring,
discharging, and disciplinary action, the record discloses that he has
never exercised such power. It is the traffic manager who exercises
such discretionary authority. It is clear that the dispatcher is not a
supervisor. Although his work is clerical, it is closely integrated with
that of truck drivers. For this reason, we shall include the dispatcher
in the unit.
We find, in accordance with the stipulation of the parties and our
foregoing determination, that all chauffeurs and truck drivers of the
Company including the yard dispatcher, but excluding all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 Election
herein, subject to the limitations and additions set forth 'yin 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,-Sectiori 9;,of'Nationah'L'alior Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
SULLIVAN DRY DOCK & REPAIR CORP. 601
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sullivan Dry
Dock & Repair Corp., Brooklyn, New York, 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 supervi-
sion of the Regional Director for the Second 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 any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by Local 13, Indus-
trial Union of Marine and Shipbuilding Workers of America, C. I. 0.,
or by Local 807, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, A. F. of L., for the purposes
of collective bargaining, or by neither.
0