Bethlehem-Hingham Shipyard, Inc.

National Labor Relations Board - Board Decisions

Mar 5, 1945

60 N.L.R.B. 1075 (N.L.R.B. 1945)

In the Matter of BETHLEHEM-HINGHAM SHIPYARD, INC. and BETHLE-
HEM-HINGHAM SHIPYARD INDEPENDENT UNION
Cases Nos . 1-R-2228, 1-R-&229, 1-R-2230, and 1-R-2238.-Decided
March 5, 1945
Mr. Gerald J. Reilly, of Bethlehem , Pa., for the Company.
Mr. Robert A. Zottoli , of Quincy , Mass., for the Union.
Mr. Jack Mantel , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT of THE CASE
Upon separate amended petitions duly filed by Bethlehem-Hing-
ham Shipyard Independent Union, herei-n called the Union, each
alleging that a question affecting commerce had arisen concerning the
representation of employees of Bethlehem-Hingham Shipyard, Inc.,
Hingham, Massachusetts, herein called the Company, the National
Labor Relations Board provided for an appropriate consolidated
hearing upon due notice before John W. Coddaire, Jr., Trial Exam-
iner. Said hearing was held at Boston, Massachusetts, on February 5,
1945. 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. The Trial Examiner
reserved _for ruling by the Board, the Company's motions to dismiss
each petition on the ground that the units sought were not appropri-
ate. For reasons hereinafter stated, the motions are hereby denied.
All parties were afforded an opportunity 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
Bethlehem-Hingham Shipyard, Inc., a Delaware corporation, oper-
ates a shipyard located at Hingham, Massachusetts, where it is en-
60 N L R. B., No. 177.
1075
1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaged solely in the construction of vessels for the United States Navy
Department. The shipyard and all shipbuilding facilities are owned
by the United States Navy Department, and construction of vessels
is under contracts providing for payment on the basis of cost plus a
fee. During the period from February 1, 1942, until May 1, 1944,
the aggregate value of all materials used by the Company in the con-
struction of vessels at the shipyard, was in excess of $95,000,000, of
which over 90 percent was delivered to the shipyard from points out-
side the Commonwealth of Massachusetts. All of such materials were
used or are destined for use in the construction of such vessels. During
the same period, the aggregate of the amounts billed by the Company
to the United States Navy Department for work in the construction of
Q, such vessels at the shipyard was approximately $217,700,000. The
Company has stipulated to the foregoing facts solely for the purposes
of this proceeding.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Bethlehem-Hingham Shipyard Independent Union is an unaffili-
ated labor organization, admitting to membership employees of the
Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The parties stipulated that the Company refused to grant recogni-
tion to the Union as the exclusive bargaining representative of cer-
tain groups of its employees until the Union has been certified by the
Board in appropriate units.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the units hereinafter found appropriate.'
'The Board agent reported that the Union - submitted membership applications which
were checked against the Company 's pay roll for the week ending January 7 , 1945. A sum-
mary of the report is set forth in the following table.
ase No
No of
employees
No
membership
No.
names on
applications.
in unit applicationssubmitted appearing onpay roll
1-R-2228---------------------------------- ------------ 149 98
69
1-R-2229=------------------ ---------------- 12 9 6
1-R-2230--------------------------------------------- 744 302
283
1-R-2238--- ----------------------------------------- 28 11 8
BETHLEHEM-HINGHAM SHIPYARD, INC. 1077
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Company moved to dismiss the petitions on the ground that
the units sought therein by the Union were not appropriate; how-
ever, it presented no evidence in support thereof. In the ,ilternative,
the Company stated its position as to the constituency of each of the
units should the Board overrule its 'motions. The Union amended
its petitions at the hearing to conform to the position taken by the
Company in each of the alleged appropriate units, set forth below 2
The parties were in dispute only as to the inclusion of investigators
in the unit of beach wagon drivers in Case No. 1-R-2229. Since the
units requested by the Union, and alternatively agreed upon by the
Company, constitute well-defined groups of employees which we deem
appropriate for the purposes of collective bargaining, we find no merit
in the Company's contention to dismiss the petitions.
We find, in substantial accordance with agreements of the parties,
that each of the following constitutes a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
(1) All draftsmen, ship surveyors, blueprint machine operators,
transit men, rodmen, trimmers and learner trimmers, tracers and
learner tracers, and photographers of the Company, excluding super-
visory draftsmen, the contact draftsman, supervisor of blueprint op-
erations, all instructors, all other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action.
(2) All clerks, stenographers, typists, messengers, and telephone
operators of the Company, excluding all employees in department 01
(office of the general manager) ; all employees in department 02 (de-
partment of general yard superintendents), except for messengers and
telephone operators (but not including the head telephone operator) ;
all employees in department 12 (industrial relations department) ; all
employees in department 14 (rate-setting department) ; all employees
in department 08 (accounting department) ; all employees in depart-
ments 77 and 78 (plant-protection departments) ; all supervisory clerks
and clerks in charge of divisions and subdivisions of departments;
clerks who act as personnel coordinators; all secretaries to department
heads, and all other employees who act as secretaries to department
2 The employees in the respective units herein found to be appropriate were excluded
from a production, maintenance, and warehouse employees unit found appropriate by the
Borrd on January 15, 1944, in Matter of Bethlehem-Hingham Shipyard, Inc., 54 N. L. R. B.
631.
I)•
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1078 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
heads, naval architects, and chief engineers ; all interviewers ; all female
personnel coordinators ; and all other supervisory employees with au-
thority to hire, promote , discharge , discipline , or otherwise effect
changes in the status of employees , or effectively recommend such
action.
(3) All janitors and janitresses of the Company , excluding matrons,
who are- also referred to as female personal advisers , and all other
supervisory employees with authority to hire, promote , discharge, dis-
cipline, or otherwise effect changes in the status of employees, or ef-
fectively recommend such action.
As stated above, the Union would include, whereas the Company
-would exclude investigators from the unit of beach wagon drivers.
The Company maintains that the investigators should not be included
in the unit solely for the reason that such employees perform duties
of a confidential nature. Investigators operate beach wagons in trans-
porting injured, employees from their homes to the shipyard for
treatment by Company doctors. They also investigate cases where
employees are absent from work on sick leave . In both cases, the inves-
tigator files a report which is sent to another division of the Company
for further investigation . In injury cases, the investigator does not
diagnose the injury , but reports the name of the employee , the date
of the investigation , and the circumstances surrounding the injury as
related by the employee. Where employees are absent, the investigator
reports whether or not it is due to injury or illness . If the employee
is reported to have been absent without cause, the investigator is not
consulted in respect to the disposition of the case. The greater part
of the time of the investigator is spent as a chauffeur , not unlike the
work of the other beach wagon drivers . None of the information to
which the investigators have access relates to labor relations , and con-
sequently, they cannot be said to possess a confidential status warrant-
ing their exclusion from the unit sought ; we shall therefore include
them.
(4) We-find that all beach wagon drivers and investigators of the
Company, excluding all supervisory employees with authority to hire,
promote, discharge , discipline , or otherwise effect changes in the status
of employees , or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
BETHLEHEM -HINGHAM SHIPYARD , INC. 1079
tions herein , subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
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, 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 Bethlehem-Hing-
ham Shipyard, Inc., Hingham, Massachusetts, elections by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction , under the direction and super-
vision of the Regional Director for the First 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 units 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 those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
elections , to determine whether or not they desire to be represented by
Bethlehem-Hingham Shipyard Independent Union, for the purposes
of collective bargaining.