Robert Jacobs, Inc.

National Labor Relations Board - Board Decisions

Jun 14, 1941

32 N.L.R.B. 646 (N.L.R.B. 1941)

In the Matter of ROBERT JACOBS, INC. and INDUSTRIAL UNION OF MARINE
AND SHIPBUILDING WORKERS OF AMERICA LOCAL 38, AFFILIATED WITH
THE C: I. O. and NEW YORK DISTRICT COUNCIL, UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA, ' LOCAL 488 ( SERvED WITH
NOTICE OF HEARING)
Case No. R-2587.Decided June 14, 1941
Jurisdiction : shipbuilding and repairing industry.
Investigation and Certification of Representatives : existence of question: al-
legation concerning , not controverted by Company ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding foremen, supervisors, watchmen, and clerical employees.
Healy cC Fus f eld, by Mr. Jerome F. Healy, Jr., and Mr. H. D. Barker,
both of New York City, for the Company.
Boudin, Cohn & Glickstein, by Mr. Sidney Elliott Cohn, Mr. Gavin
MacPherson, and Mr. Roy Granada, all of New York City, for the
Industrial Union.
Breed, Abbott cfi Morgan, by Mr. Thomas E. Kerwin, of New York
City, for the District Council.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 26, 1941, the Industrial Union of Marine and Shipbuilding
Workers of America, Local 38, affiliated with the C. I. 0., herein called
the Industrial Union, filed a petition with the Regional Director for
the Second Region (New York, New York) alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Robert Jacobs, Inc., New York City, herein called the Com-
pany,, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat.- 449, herein called the Act. On May 20, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulation s-Series 2, as amended, ordered
32 N. L. R. B., No. 120.
646
ROBERT 'JACOBSi INC
i
647
an investigation and authorized the Regional, Director to conduct it
and to provide for an appropriate hearing upon due notice.
On May 20, 1941, the Regional Director-issued a notice of, hearing,
copies of which were duly served upon the Company and the Indus-
trial Union, sand also upon the New York District Council, United
Brotherhood of Carpenters and Joiners of -America, Local 488, affi-
liated with the American Federation of Labor, herein called the Dis-
trict Council, a labor organization claiming to represent employees of
the Company. Pursuant to notice, a hearing was held on May 22,
1941,1 at New York City, before Christopher W. Hoey, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany, the Industrial Union, and the District Council were represented
by counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. During the course
of the hearing, the Trial Examiner made several rulings on motions
and objections to the admission of evidence. The Board has reviewed
the'rulings of the Trial'Examiiier and finds that no prejudicial errors
were committed. 'The rulings are hereby affirmed.
On May 28, 1941, the Company filed a motion alleging that a state-
ment of counsel for the Industrial Union was omitted from the official
transcript of the hearing and requesting that the stenographic minutes
of the hearing be retranscribed. The statement alleged to have been
omitted' is :not relevant or material to the determination of the issues
herein. No other specific inaccuracy is alleged. The motion is hereby
denied.
Upon the entire record in the Case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Robert Jacobs, Inc., is" a. Nev' York corporation. Its 'principal
business is the construction 'and `repai'f 'of vessels 'for the United
State's Navy. Its 'shipyards are located' at '154' Pilot Street, City
Island, New York. ' • '
'Dur`ing'the 6 -months preceding May 14, 1941, the Company was
engaged in naval work to the value 'of' $460,000 and in construction
and repair work' on privately owned vessels to the value of approx-
imately $50,000. One hundred- per cent of the Company's products
move in commerce.'
The principal materials used in such work are wood, steel, and
neon-ferrous metals' Dii`ring the ' 6' months preceding May 14, 1941,
1 At the hearing the, parties, waived any objections to,the limited - notice of ,hearing in
the interest of expeditious settlement of the controversy,
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company purchased raw materials to the value of approximately
$250,000, approximately 75 per cent of which. were acquired from
sources outside the State of New York.
IT. THE ORGANIZATIONS INVOLVED
The Industrial Union of Marine and Shipbuilding Workers of
America, Local 38, is a labor organization affiliated with the Congress
of Industrial Organizations, admitting to membership employees
of the Company and of shipyard workers in the locality.
The New York District Council, United Brotherhood of Carpen-
ters and Joiners of America, Local 488, is a labor organization affili-
ated with the American Federation of Labor, which admits to
membership carpenters and joiners.
III. THE QUESTION CONCERNING REPRESENTATION
In March 1939, the Industrial Union requested the Company to
recognize it as the exclusive bargaining agent for the production
employees of the Company. The Company and the Industrial
Union then conferred 'with the New York State Labor Relations
Board, hereinafter called the New York Board. Following the
conference, a petition for investigation was filed by the Industrial
Union with the New York Board and an election was held under
the supervision of that Board on April 26, 1939, among the employ-
ees of the Company to determine whether they desired to be repre-
sented by the Industrial Union for collective bargaining purposes:
As a result of the election, the New York Board, on May 25, 1939,
after overruling objections to the balloting filed by the Company,
certified the Industrial Union as the statutory representative within
the following appropriate unit : all production employees, except
clerical and supervisory workers, foremen, and watchmen. Main-
tenance men apparently voted, as production employees. The Com-
pany and the, Union then engaged in ,negotiations for a contract
but were unable to reach an agreement. On April 1, 1940, the Indus-
trial Union filed a charge with the New York Board alleging that
the Company had failed and refused to bargain collectively in good
faith with the Union, constituting, under the New York Labor
Relations Act, an unfair labor- practice. After hearing, the New
York Board dismissed the complaint.
On or about March 11, 1941, a representative of the District
Council conferred with the ^ Company and , made a demand for - a
contract regarding working conditions and pay for the members of
the District Council employed by the Company. On April 26, 1941,
the 'Industrial Union filed its petition alleging that the Company
ROBERT JACOBS, PNC 649
has refused to recognize or to bargain collectively with the Industrial
Union. The allegation is not controverted.
The Regional Director's report discloses that both unions • repre-
sent a substantial number of employees in the units which they allege
to be appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
IV., THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. TILE APPROPRIATE UNIT
The Industrial Union asserts that the appropriate unit consists
o f . all production and maintenance employees, excluding foremen,
supervisors, watchmen, and clerical employees.3 The District Council
appears to be insisting upon a separate unit consisting of all car-
penters and joiners, and also all members of the District ' Council
employed by the Company, regardless of the nature of their work,
whether watchmen or supervisory employees. The Company declined
to state its position with reference to the unit, beyond agreeing with
the Industrial Union that supervisors and watchmen should be ex-
cluded. The Company did not state its position with respect to clerical
employees.
The business of the Company is carried on in a shipyard on Long
Island Sound. The ships are built in ways or cradles, of which the
Company has nine. The ways will accommodate vessels up to 175
feet in length-about 500 tons. The Company is presently con-
structing 65-foot navy tugs and 135-foot mine sweepers. In addition
to this new construction, the yard also makes repairs to United States
naval vessels.
2 The Regional Director's statement shows that the Industrial Union submitted 288
application cards in the Industrial Union : 18 dated ,before January 1, 1940; 262 between
January 1 and May 20 , 1941; and 8 undated ; all appearing to bear genuine original
signatures ; 183 are the names of persons on the Company 's May 18, 1941, pay roll There
were approximately 361 on the May 8 pay roll employed in the ,unit alleged by the Indus-
trial Union to be appropriate.
The District Council submitted 33 application cards for that organization , _ 31 dated
between May 1 and 20, 1941 , and 2 undated . Testimony taken at the hearing indicates
that all 33 are employed by the Company . There were on May 's approximately 86 em-
ployees in the unit alleged by the District Council to be appropriate
$ At the hearing the Industrial Union amended its petition to exclude watchmen.
650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Construction of the hull of a ship takes place around a fixed position
in the way. The work is highly diversified, requiring the employ-
ment of construction techniques covering practically the entire field
of traditional craft practice: shipwrights, carpenters, joiners, iron
and metal workers, welders, burners, machinists, riggers, electricians,
plumbers, pipe fitters, painters, and crane operators. In the way,
all these conventionally distinct craftsmen must work simultaneously
and side by side. Skill permitting, they are sometimes shifted from
one operation to another. Stoppage at one point results in a general
cessation of work. Employees` are grouped by the Company on a
non-craft basis. They are classified as snappers (strawbosses), first-
class mechanics, second-class mechanics, third-class mechanics, handy
men, helpers, helpers second-class, laborers, and apprentices. Wage
rates depend upon an employee's classification rather than the type
of work he does.
In 1939, as noted above, the New York Board, after an election
by secret ballot, certified the Industrial Union as the representative
of the production employees,4 excepting clerical and supervisory em-
ployees, foremen, and watchmen. Neither the District Council nor
any other group presented claims that it represented any of the
employees. of the Company or that the unit was inappropriate. The
carpenters were, of course, 'included within the ' unit ' for which the
Industrial Union was certified.
The Industrial Union has been' negotiating with the Company
since its certification. The Company admitted that a recent vol-
untary pay increase was prompted by the Indu'strial's success in
securing similar increases in the 'neighboring yards, which the Com-
pany, felt it should meet. The record discloses that most of the
neighboring shipyards are organized on an industrial basis. In the
immediate vicinity, industrial units were established by election under
the supervision of the Board at three large yards employing approxi-
mately 30,000 men.e The District Council made its first demand
on the Company for a contract for the carpenters and joiners on
March 11,
In view of the certification of the Industrial Union by the' New
York Board, the bargaining history at the Company's shipyard, and
in the industry in the surrounding locality, and in view of the fact
that the unit requested by the District Council covers its members
rather than an identifiable class of employees,6 we find that the unit
requested by the Industrial Union is appropriate for the purposes
of collective bargaining:
Maintenance men apparently were classified as production employees
In one of these yards sheet-metal workers were excluded by consent.
e The District Council appears to be requesting a unit composed of all carpenters and
joiners and also all members of the District Council, regardless of the capacities in. which
the Company employs them.
ROBERT JACOBS, INC 651
We find-that-all production and maintenance employees of the Com-
pany excluding foremen, supervisors, watchmen, and clerical em-
ployees, constitute a unit appropriate for purposes of collective
bargaining and that said unit will insure'to the employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be_ resolved by an
election by secret ballot.
The Industrial Union suggested May 8 as the date upon which
eligibility to vote in the election should be determined. The District
Council, however, requests that the pay roll as of the date of election
be used for such purpose. The Company took no position. We shall
follow our usual practice and direct that the employees of the Com-
pany eligible to vote in the election shall be those in the appropriate
unit employed during the pay-roll period immediately preceding the
date of the Direction of Election herein, subject to such limitations
and additions as are set forth in the Direction.
The Industrial Union requested that it be designated on the ballot
as follows : Industrial Union of Marine and Shipbuilding Workers
of America, Local 38, affiliated with the C. I.0. The request is hereby
granted. The District Council desires to be designated as follows :
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor. The request is hereby
granted.
In our Direction of Election we will provide for participation in
the election by both the Industrial Union and the District Council.
Since it is not clear from the record whether under the circumstances
the District Council would desire to participate, it will be permitted
to withdraw by filing with the Regional Director within 5 days from
the date of issuance of the Direction a request that its name not be
placed on the ballot.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Robert Jacobs, Inc., New York City, within
the meaning of Section 9 (c) and Section 2 (6) and, (7) of the Act.
2. All production and maintenance employees of the Company,
excluding clerical and supervisory employees, foremen, and watch-
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
â–º uen, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives of the purposes of collective bargaining
with Robert Jacobs, Inc., New York City, 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 of Election, under the direction
and supervision of the Regional Director for the Second Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all production and maintenance employees of Robert Jacobs,
Inc., New York City, 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 in the active military service or training of the
'United States, or temporarily laid off, but excluding supervisory and
clerical employees, foremen, and watchmen, and employees who have
since quit or been discharged for cause, to determine whether they de-
sire to be represented by the Industrial Union of Marine and Ship-
building Workers of America, Local 38, affiliated with the C. I. 0., or
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.