The Greenport Basin and Construction Co.

National Labor Relations Board - Board Decisions

Dec 22, 1942

46 N.L.R.B. 221 (N.L.R.B. 1942)

In the Matter of THE GREENPORT BASIN AND CONSTRUCTION COMPANY
and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF
AMERICA, LOCAL 47, C. I. O.
Case No. R-4642 .-Decided December 02, 191
Jurisdiction : shipbuilding industry.
Investigation and Certification of Representatives : existence of question: re,
fusal to grant recognition without certification of the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees , including stock clerks , but excluding supervisory employees, fore-
men, clerical employees , guards and watchmen ; no dispute as to.
Healy c€ Fus f eld, by Mr. Jerome F. Healy, Jr., of Bronx, N. Y.,
for the Company.
Mr. Max Delson, of New York City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upoli petition duly filed by Industrial Union of Marine and Ship-
building Workers of America,' Local 47, C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the represelitation of employees of The Greenport Basin
and Construction Company, Greenport, New York, herein called,
the Company,,the National Labor Relations Board provided for an
appropriate hearing upon due notice before Frederick R. Livingston,
Trial Examiner. Said hearing was held at` New York "City oii De-
cember 8, 1942. The Company and the Union appeared, participated,
and were afforded full opportunity to be heard, to examine and
cross-examine, witnesses, and to introduce evidence bearing on the
issues." During the course of the hearing, the Union moved to
'Although International Brotherhood of Boiler Makers, Iron Shipbuilders & Ilklpers of
America; Brotherhood of Painters , Paperhangeis & Decorators of America, Marine Local
Union No . 679; International Association of Bridge , Structural and Ornamental Iron
Workers, Shopmen Local 455; Ship Caulkers , Local No. 1292, I. L. A ; New York District
Council of United Brotherhood of Carpenters & Joiners of America ; Local 28, Sheet Metal
Workers International Association ; International Brotherhood of Electrical Workers,
46 N. L . R. B., No. 30.
221
222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
amend its petition with respect to the alleged appropriate unit. The
Trial Examiner reserved ruling. The motion is hereby granted.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Greenport Basin and Construction Company is a New Jersey
corporation with its principal, place of business at Greenport, New
York, where it is engaged in the building, construction,, repair, and
sale of boats. During the 11-month period ending December 1, 1942;
the Company purchased raw materials valued in excess of $1,000,000,
approximately 50 percent of which was shipped to it from points
outside the State of New- York. During the same period the Com-
pany sold to, or had under construction for, the United States Navy
boats valued in excess of $2,000,000. The Company admits that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America,
Local 47, is a labor organization affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive rep-
resentative of the Company's employees until such time as the Union
is certified by the Board.
A, °statement of • ,the , Trial Examiner, read, into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate?
Marine Local 277; Plumbers & Steamfitters of the United States and Canada ; International
Union of Operating Engineers ; Upholsterers International Union, Local 44; and Port of
New York Marine Metal Trades Organizing Committee, were all served with notice of hear-
ing,,none of them moved to intervene in the instant proceeding. However, counsel for
New York District Council of United Brotherhood of Carpenters & Joiners of America, and
for several unnamed A F of L. craft unions appeared for the purpose of objecting to the
introduction in evidence of the notice of hearing Counsel also objected to the Board's
rules requiring unions to intervene , stating that lie had no intention of moving to intervene.
The Trial Examiner oierruled both objections Ills rulings are hereby sustained.. Counsel
also refused to adduce any proof of representation among the `employees of the Company,
stating that the showing of interest had been presented to the Regional Director.
z The Trial Examiner reported that the Union presented 508 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of November 29, 1942. There are approximately 966 employees on that pay
roll who ai e in the appropi late unit.
THE GREENPORT BASIN AND CONSTRUCTION COMPANY 223
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 Union contends that all production and maintenance em-
ployees-`of the Company, including stock clerks, but. excluding super-
visory employees, foremen, clerical employees, guards and watchmen,
constitute a unit 'appropriate for the purposes of collective bargain-
ing. The Company took no position with respect to the unit.
We find that all production and maintenance employees of the
Company, including stock clerks, but excluding supervisory em-
ployees, foremen, clerical employees, guards and watchmen, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question,, concerning, representation be re-
solved by an election by secret ballot among the employees within
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 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 The Greenport
Basin and Construction Company, Greenport, 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 supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions 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
224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Ship-
building Workers of America, Local 47, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.
c