Foster Boat Co.

National Labor Relations Board - Board Decisions

Feb 22, 1943

47 N.L.R.B. 889 (N.L.R.B. 1943)

D
In the Matter of FOSTER BOAT COMPANY and MARINE AND SHIPBUILDING
WORKERS OF AMERICA, INDUSTRIAL UNION, AFFILIATED WITH THE
C. I. O. -
Case No. R-418(2.-Decided February 92, 1943
Jurisdiction : shipbuilding industry
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board; election
necessary
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees on an hourly rate, excluding superintendents, foremen, and office and
clerical employees; stipulation as to.
Mr. Charles H. Menmeair, of Traverse City, Mich., for the Company.
Mr. William. L. q'ryon, of Boyne City, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Marine and Shipbuilding Workers of
America, Industrial Union, affiliated with the C. I. O., herein called
,the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Foster Boat Company,
Charlevoix, Michigan, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Harold A. Cranefield, Trial Examiner. Said Bearing was held
at Petoskey, Michigan, on February 11, 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. The Trial' Examiner's rulinbs 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
Foster Boat Company is a Michigan corporation with its principal
place of business at Charlevoix, Michigan, where it is engaged in the
47 N. L. R. B, No 113.
889
890 ^ DECiISIIONS OF NATIONAL LABOR RELATIONS BOARD
construction of boats for the United States Government. During
1942, the Company used raw materials valued at about $750,000,
approximately 50 percent of which was shipped to it from points out-
side the State of Michigan. -All boats constructed by the Company
are delivered to the United States Government at the Company's
plant. However, the United States Government in turn ships the
boats to points outside the State of Michigan.
II. THE ORGANIZATION INVOLVED
Marine and Shipbuilding Workers of America, Industrial Union,
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
v
III. THE QUESTION CONCERNING' REPRESENTATION
The Company refuses to recognize the Union as the exclusive repre-
sentative of its employees until such time as the Union is certified by
the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate."
'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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company on an hourly
rate, excluding superintendents, foremen, and office and clerical em-
ployees, 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 be
resolved by means of an election by secret ballot among the employees
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 in the Direction.
I The Regional Director reported that the Union presented 16 membership application
cards bearing the names of persons who appear on the pay roll of the Company. There are
approximately 52 employees in the epptopi late unit.
FOSTER BOAT COMPANY 891
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 the National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to 'ascerlainf repre-
sentatives for the purposes of-collective bargaining with Foster Boat
Company, Charlevoix, Michigan, 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 Seventh Region, acting in this matter
as agent for the National Labor Relations 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 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- Marine, and
Shipbuilding Workers *of America, Industrial Union, affiliated with,
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining.