Ira S. Bushey Sons, Inc.

National Labor Relations Board - Board Decisions

Jun 9, 1943

50 N.L.R.B. 321 (N.L.R.B. 1943)

In the Matter Of IRA S. BUSIIEY SONS, INC. and INDUSTRIAL UNION OF
MARINE & SHIPBUILDING WORKERS OF AMERICA, LOCAL 13, C. I. O.
Case No. R-5199.-Decided June 9, 1943
Mr. James Paradise , for the Board.
Mr. Frank B. Devlin, of New York City, for the Company.
Mr. Edward J. Malament, of New York City, for the Union.
i11r. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Industrial Union
of Marine R Shipbuilding Workers of America, Local 13, C. I. 0.,
herein called the Union, alleging that a' question affecting commerce
had arisen concerning the representation of employees of Ira S. Bushey
Sons, Inc., Brooklyn, New York, herein called the Company; the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Jack Davis, Trial Examiner. Said hearing
as held'at New York City on April 2, 1943. On April 2, 1943, the
Company, the Union, and the Regional Director entered into an agree-
ment for a cross-check of the Company's and the Union's records.
Pursuant thereto a card check was conducted, and on April 14, 1943,
the Regional Director issued a report recommending that the Union
be certified by the Board as exclusive bargaining representative of the
Company's employees. On April 22,1943, the Board issued a Decision
and Certification of Representatives. On April 24, 1943, the Company
filed an appeal from the Board's order. On April 29, 1943, the Board
ordered the matter referred to the Regional Director and stayed the
certification. On May 15, 1943, the Board set aside its Decision and
Certification of Representatives of April 22, 1943, and ordered that the
original hearing of April 2, 1943, be resumed. On May 24, 1943, a
further hearing was held at New York City before Josef L. Hektoen,
Trial Examiner. The Board, the Company, and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
50NLRB ,No.47.
321
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ine and cross-examine witnesses, and to introduce evidence bearing on
the issues. During the course of the hearing counsel for the Company
moved to dismiss the petition. The Trial Examiner reserved ruling..
The motion is hereby denied. The Trial Examiner's rulings made at
thwhearing 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
Ira S. Bushey Sons, Inc., is a New York corporation with its prin-
cipal place of business at Brooklyn, New York, where it is engaged in
the construction of vessels: During 1942 the Company purchased raw
materials valued at about $1,000,000, approximately 50 percent of
which was shipped to it from points outside the State of New York.
During the same period the Company constructed vessels valued at
about $2,000,000, approximately 90 percent of which were built for
Governmental agencies and sent to points outside the State of New
York. The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
IV
Industrial Union of Marine & Shipbuilding Workers of America,
Local 13, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the
'Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
The parties stipulated at the hearing that the Union represents over
one-third of the 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 Act.
IV. THE APPROPRIATE UNIT
We field, in accordance with a stipulation of the parties, that all
maintenance, and production employees of the Company, including
snappers and fire watchman, but excluding executives, supervisors,
foremen, and assistant foremen, office and clerical employees, watch-
men,'police guards, draftsmen, technical employees, and safety men,
IRA S. BUSHEY SONS, INC. 323
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
As stated above, on April 2, 1943; the Company, the Union, and the
Regional Director entered into a stipulation providing for Board
certification of the Union as sole collective bargaining representative
of the employees of the Company in the event a check of union cards
against a pay roll of the Company showed that the Union had, been
designated by a majority in the agreed appropriate unit. Pursuant
to this stipulation, the Board conducted•a cross-check of union cards
against a pay roll of the Company; and made its certification on the
basis of its findings. However, on May 15, 1943, the Board set aside
its certification upon appeal of the Company. The Company insists
that any certification in this proceeding should be by a cross-check of
cards, pursuant to the stipulation entered into on April 2, 1943,
whereas the Union desires an election. Although the stipulation
contemplated that certification of the Company's employees should be
based upon a cross-check, it cannot preclude resolving the present
question of representation by means of an election. It appears that
some of the Company's records are inaccurate, and further that
between 100 and 150 new employees have been hired by the Company
since the pay roll used in the card check. Under these circumstances,
we are of the opinion that an election by secret ballot will best effectu-
ate the policies of the Act and avoid any further disputes which might
arise in connection with a cross-check.
We shall direct that the question concerning representation which
has arisen 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.
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 Libor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ira S. Bushey'
Sons, Inc., Brooklyn, New York, an election by Secret ballot shall
be conducted as early as possible, but not later than thirty (30)
-324 DECISIONS OF NATIONAL LABOR )RELATIONS BOARD
days from the date of this Direction, under the direction and super-
vision 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, 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 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 dis-
charged for cause, to determine whether or not they desire to be
represented by Industrial Union of Marine & Shipbuilding Workers
of America, Local 13, affiliated with the, Congress of Industrial
Organizations, for the purposes of collective bargaining.
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