J. Lee Price

National Labor Relations Board - Board Decisions

Jun 25, 1943

50 N.L.R.B. 851 (N.L.R.B. 1943)

In the Matter of J. LEE PRICE, AN INDIVIDUAL and WAREHOUSE AND^
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, C. I. O.
Case No. R--5500.Decided Junne 25, 1943
Healy '& Fus f eld, by Mr. Jerome F. Healy, Jr., of New York City,
for the Company.
Mr. Joseph Stierzlo, of Fall River Mass., and Mr . Hugh Brown, of
Quincy, Mass., for the C. I. O.
Mr. William Francis, of Boston , Mass., for the Carpenters.
Mr. 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 and Shipbuilding Workers of America, C. I. 0., herein
called the C. I. 0., alleging that a question affecting commerce had
arisen concerning the representation of :employees of Casey Boat
Building Company, Inc., Fairhaven, Massachusetts, herein called the-
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Samuel G. Zack, Trial Ex-
aminer. Said hearing was held at New* Bedford, Massachusetts, on
June 4, 1943. At the commencement of the hearing, the Trial Exam-
iner granted a motion of United Brotherhood of Carpenters and
Joiners of America, A. F. of L., herein called the Carpenters, to inter-
vene. The Company, the C. I. 0., and the Carpenters appeared at and
participated in the hearing and all parties were afforded full oppor-
tunity to be heard; to examine and cross-examine witnesses, and to.
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are here-
-by affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
11
50 N. L. R. B., No. 124.
852 DECISIONS OF -N•ATIONAL LABOR RELATIONS BOARD
FINDINGS OF FAOr
I. THE BUSINESS OF THE COMPANY
Casey Boat Building Company, Inc., is engaged in the production
of boats for the United States Army at Fairhaven, Massachusetts.
During its last fiscal year the Company purchased raw materials
valued at about $500,000, approximately 90 percent of which was
shipped to it from points outside the State of Massachusetts. During
the same period the Company produced boats valued at about $1,000,-
000, all of which were delivered to the United States Government. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
United Brotherhood of Carpenters and Joiners of America is a
labor organization affiliated with the American Federation of Labor,
admitting to, membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May, 10, 1943, the C. I. O. requested the Company to recognize
it, as the exclusive collective bargaining representative of its em-
ployees: The Company refused this request until such time as the
C. 1. 0. was certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. 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 Act.
IV. THE APPROPRIATE UNIT
The C. I. O. urges that all production and maintenance employees
of the Company, including stockroom' employees, but excluding ex-
ecutives, supervisors, foremen, assistant foremen; main office and cler-
ical employees, guards, and watchmen, constitute an appropriate unit.
The only controversy with respect to the unit concerns stockroom
employees.
I The Regional Director reported that the C. I 0 presented 191 membeiship application
cords bearing apparently genuine signatures of persons whose names appear on the May
8, 1943, pay roll of the Company: There are approximately 218 persons in the appro-
priate unit. The Carpenters did not present any evidence of representation.
CASEY BOAT -BUILDING COMPANY, INC. 853
The Company maintains two stockrooms . The C. I: O. urges that
the stockroom employees be included in the unit , and the Company and,
the Carpenters urge that they be excluded. Although the stockroom
clerks , keep a clerical record of all incoming materials, they keep no
such record - ofoutgoing materials . They actually handle all parts and
materials and Soil occasion deliver said parts or materials to the pro-
duction , employees at their places of work. In addition -, the stock-
room employees produce wooden bungs which are thereafter used in
the Company 's production processes . Under the, circumstances; we
shall include the stockroom employees in the unit.
We find that all, production and' maintenance employees of the
Company, including stockroom clerks, but 'excluding executives , super-
visors, foremen, assistant foremen, main office and clerical employees,
guards, and watchmen, constitute a unit appropriate for the purposes
of collective bargaining , within the meaning of Section 9 (b) of the
Act. a
V. TIIE DETERMINATION OF REPRESENTATIVES
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.
We shall deny a place on the ballot .to the Carpenters inasmuch as
it has failed to produce any evidence ' of : representation among the
employees of the Company although afforded ample opportunity to do
so prior to and during the hearing.
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 Labor
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 Casey Boat Build-
ing Company, Inc., Fairhaven, Massachusetts, 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 First Region, acting in
this matter as agent for the National Labor Relations Board and sub-
ject 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
536105-44-vol. 50-55
'854, , DUGTSIONS OF NATIONAL LABOR RE'LAT'IONS BOARD
-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, to
determine whether or not they desire to be represented by Industrial
Union' of Marine and Shipbuilding Workers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.
CHAIRMAN MILLIS took no 'part in the consideration of the above
Decision and Direction of Election.