Sullivan Dry Dock & Repair Corp.Download PDFNational Labor Relations Board - Board DecisionsSep 27, 194458 N.L.R.B. 598 (N.L.R.B. 1944) Copy Citation 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 Copy with citationCopy as parenthetical citation