Todd-Johnson Dry Docks, Inc.

National Labor Relations Board - Board Decisions

Feb 2, 1945

60 N.L.R.B. 352 (N.L.R.B. 1945)

In the Matter of TODD-JOHNSON DRY DOCKS, INC. and INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL
No. 29, CIO
Case No. 1-5-R-1256.-Decided February 2, 1945
Messrs. J. N. Pharr, Nicholas Callan, and L. M. Lindsey, of New
Orleans, La., for the Company.
Mr. Arthur Leary , of New Orleans, La., for the Union.
Mr. Harry Nathanson , of counsQl to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Industrial Union of Marine and Shipc
building Workers of America, Local No. 29, CIO, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Todd-Johnson Dry Docks,
Inc., of New Orleans, Louisiana, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Laurence H. Whitlow, Trial Examiner. Said
hearing was held at New Orleans, Louisiana, on January 8, 1944. The
Company and the Union 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 oppor-
tunity 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
Todd-Johnson Dry Docks, Inc., is a Delaware corporation with
offices, shipyards, and drydocks located on the Mississippi River at
New Orleans, Louisiana, where it is engaged in the repair of vessels of
60 N. L. R. B., No. 72.
352
TODD-JOHNSON DRY DOCKS, INC. 353
all flags in foreign and coastwise trade, boats and barges in river and
inland water trade, as well as harbor craft and Government owned
vessels. In New Orleans the Company operates two yards, about 3:
miles apart, called the upper yard and the lower yard, which are solely
involved in the instant proceeding. During 1944, the Company pur-
chased raw materials valued at approximately $4,225,000, most of
which was shipped to the Company from points outside the State of
Louisiana. During the same period the gross receipts of the Company
for the services it performed were valued at approximately $20,000,000,.
and approximately 90 percent of the Company's business was the re-
pairing, altering, converting, and drydocking of marine vessels under.
master contracts with the United States Navy, United States Army,
and War Shipping Adniinistratioli.
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 No. 29, affiliated with the Congress of Industrial Organizations,
is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING.REPRESENTATION
The Company refuses to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
the employees it seeks to represent in this proceeding.'
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 DETERMINATION OF REPRESENTATIVES
The Union is now recognized by the Company as the exclusive
bargaining representative of certain of its upper and lower yard em-
ployees in three separate units. These units consist of timekeepers;
guards-and watchmen; and production and maintenance employees,
excluding, among others, office and clerical personnel. In this pro-
ceeding the Union seeks to represent "all janitors, janitresses, maids,
and porters at the Company's upper and lower plants, as part of the
I The Field Examiner reported that the Union submitted 16 application for membership,
cards and that there were 27 empolyees sought to be represented by the Union
628563-45-vol 60-24
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
established unit of production and maintenance employees , excluding
all office, clerical and supervisory employees . . ." The Company
contends that those of the employees sought by the Union who work
in its general offices are an integral part of the office force , that employ-
ees of the'office force are excluded under the terms of its contract with
the Union covering the production and maintenance unit, and conse-
quently the janitorial employees working in the general offices should
not be represented together witli production and maintenance per-
sonnel. It also contends that, in no event, can these employees be
represented for collective bargaining purposes since they are in a posi-
tion to see documents of a confidential nature pertaining to its labor
relations policy.
On the Company 's pay roll of October 29 , 1944 , there were listed
.27 employees in the categories sought by the Union. Of this number,
16 were employed within the Company's general offices and the re-
mainder were employed in the locker rooms located about the yards-
.and wharves . The Company does not object to the consolidation of
,the latter group with its production and maintenance employees.
Although all the employees sought by the Union are on the Company's
office pay roll , are paid on a weekly basis , and receive vacations simi-
lar to those of office employees , they perform the usual functions
associated with their classifications , duties which are entirely difer-
•ent from those of office employees . Furthermore , janitors, janitresses,
.-maids and porters in the general offices , and those engaged in the
locker rooms located about the yards and wharves do the same type
,of work. Inasmuch as both groups perform work which is identical
and a separate unit for the group employed in the general offices
would not , therefore , be feasible , and since the functions of both
groups are unrelated to those of office employees , we see no valid
reason to prevent all those sought by the Union from being repre-
sented as part of the production and maintenance unit. We find no
merit in the contention of the Company that janitors , janitresses,
maids, and porters who work in the general offices are confidential
,employees because they have access to confidential records on or in
the desks and files of the offices they clean . 2 These employees do not
require access to any confidential information in order to perform
-their functions . Moreover , it would seem that any janitor, janitress,
maid or porter who used such information would be subject to disci-
plinary action by the Company.
We find that all janitors , janitresses , maids, and porters at the
,Company's upper and lower yards in New Orleans, Louisiana , exclud-
ing all office and clerical employees , and all supervisory employees
with authority to hire, promote , discharge , discipline , or otherwise
2 See Matter of Aluminum Company of America, 54 N. L. R. B. 834.
TODD-JOHNSON DRY DOCKS, INC. 355
effect changes in the status of employees, or effectively recommend
such action, may properly, form part of the existing production and
maintenance unit. We shall direct that the question concerning rep-
resentation which has arisen be resolved by an election by secret ballot
among such employees 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.
If a majority of this group select the Union, they will thereby have
indicated their desire to be included in the established production
and maintenance unit.
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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Todd-Johnson'
Dry Docks, Inc., New Orleans, Louisiana, 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 Fifteenth 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 all janitors, janitresses, maids, and porters at the Com-
pany's upper and lower yards in New Orleans, Louisiana, but exclud-
ing all office and 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, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including employees who
did not work during the 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 and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they-
desire to be represented by International Union of Marine and Ship-
building Workers of America, Local No. 29, CIO, for the purposes
of collective bargaining.