Luder's Marine and Construction Co.

National Labor Relations Board - Board Decisions

Jul 22, 1943

51 N.L.R.B. 637 (N.L.R.B. 1943)

In the Matter of LUDER'S MARINE AND CONSTRUCTION COMPANY and
INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WOR]KERS OF
AMERICA, C. I. O. '
Case No. R-5674.-Decided July 22, 1943
Mr. A. E. Luders, Jr., of Stamford, Conn., for the Company.
Mr. Max Delson, of New York City, for the Union.
Miss Melivern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Industrial Union of Marine and Ship-
building Workers of America, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Luder's Marine and Construc-
tion Company, Stamford, Connecticut, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Sidney Reitman, Trial Examiner.
Said hearing was held at Stamford, Connecticut, on July 9, 1943.
The Company and the Union appeared, participated, and were af-
forded 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 preju-
dicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Luder's Marine and Construction Company is a New York cor-
poration having its principal place of business in Stamford, Con-
necticut, where it is engaged in the designing, building, repairing,
and sale of boats. During the 12-month period preceding July 1,
51 N. L. R. B., No. 107.
637
638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1943, the Company purchased raw materials valued in excess of
$100,000, approximately 80 percent of which were shipped to the
Company from points outside the State of Connecticut. During
the same period, the Company sold finished products valued in excess
of $100,000, substantially all of which was shipped by the Company
to, points outside the State of Connecticut. The Company admits
that it is engaged in" commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATION 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.
M. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question affecting commerce had arisen
concerning the representation of employees of the Company, in that
the Union requested the Company to bargain with it with respect to
said employees, but that the Company refused unless and until the
Union is certified by the Board. ,
A statement of the Regional Director, introduced in 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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with a stipulation of the parties,
that all production and maintenance employees of the Company, in-
cluding snappers, leading men, storeroom workers, toolroom workers,
and firewatchers, but excluding timekeepers, office employees, drafts-
men, technical engineers, watchmen and guards who are sworn in as
auxiliary members of the armed forces, assistant foremen, foremen
and all other 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
I The Regional Director reported that the Union submitted 555 application cards, 526
of which bear the names of employees whose names appear on the Company 's pay roll
dated June 6, 11343 , containing the names of 1,024 employees in the unit. Of the 526
cards presented , 515 were dated between February and June 1943 , 11 were undated
or incomplete . Four hundred sixty -six of the 526 cards bear apparently genuine signatures,
and 60 bear printed names.
LUDER'S MARINE AND CONSTRUCTION COMPANY 639
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 our Direction of Elec-
tion, subject to the limitations and additions set forth therein 2
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 Luder's Marine
and Construction Company, Stamford, Connecticut, 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 Second
Region, acting in this matter as agent for the National Labor Rela-
tions 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 discharged
for cause, to determine whether or not they desire to be represented
by Industrial Union, of Marine and Shipbuilding Workers of Amer-
ica, C. I. 0., for the purposes of collective bargaining.
2 At the hearing, the Union ' s written request for withdrawal of unfair labor practico
charges in Case No . 2-C-5182 which had been approved by the Regional Director on
June 24, 1943 , and its waiver with respect to the right to protest an election in this case
on any grounds set forth in that'proceeding, were introduced in evidence.