Warren Boat Yard, Inc.

National Labor Relations Board - Board Decisions

Jul 29, 1943

51 N.L.R.B. 854 (N.L.R.B. 1943)

In the Matter Of WARREN BOAT YARD, INC. and AMERICAN FEDERATION
OF LABOR
Case No. R_5671. -Decided July 29, 1943
Tillinghast, Morrissey & Flynn, by Mr. R. J. Conley, of Providence,
R. I., for the Company.
Mr. Edirvard A. Raleigh, of Boston, Mass., and Mr. George V. Stan-
field, of Lonsdale, R. I., for the A. F. of L.
Grant & Angoff, by Mr. Frederick Cohen, of Boston, Mass., Mr.
Hugh Brown, of Quincy, Mass., and Mr., Joseph Stremlo, of Fall
-River, Mass., for the C. I. 0.
Mr. Wallace E. Royster, of counsel to the'Board.
DECISION '
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by the American Federation of Labor,
herein called the A. F. of L., alleging that a question affecting com-
merce had arisen concerning the representation of employees of War-
ren Boat Yard, Inc., Warren, Rhode Island, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before John W. Coddaire, Jr., Trial
Examiner. Said hearing was held at Warren, Rhode Island, on July
12, 1943. The Company, the A. F. of L., and Industrial Union of
Marine & Shipbuilding Workers of America (C. I. 0.),1 herein called
the C. I. 0., appeared, participated, and 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
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 :
1 The A. F of L objects to the intervention of the C. I. O. but offers no substantial
reason in support of its objection.
51 N. L. R. B., No. 131.
854.
WARREN BOAT YARD, INC.
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
855
Warren Boat Yard, Inc., is a Rhode Island corporation engaged at
Warren, Rhode Island, in the building of small coastal transport boats
for the United States Navy. The principal raw materials used by the
Company are wood, hardware, steel, and fixtures. Since January 1,
1943, the Company used such raw materials of a value in excess of
$150,000, of which approximately 90 percent was shipped to the Com-
pany from points outside Rhode Island. During the same period, the
Company manufactured finished products of a value in excess of
$300,000, of which all were shipped from the yard to points outside
Rhode Island.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
American Federation of Labor is a labor organization admitting to
membership employees of the Company.
Industrial Union of Marine & Shipbuilding Workers of America
(C. I. 0.), is a labor organization, affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing that on June 3, 1943, the A. F. of L.
requested recognition of the Company as exclusive bargaining repre-
sentative of the Company's employees. The Company refused such
recognition and suggested representation proceedings before the
Board.
A statement of the Regional Director introduced into evidence at
the hearing indicates that the A. F. of L. represents a substantial
number of employees in the unit hereinafter found appropriate.2
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.
2 The Regional Director stated that the A. F. of L. submitted 64 authorization cards,
all bearing apparently genuine, original signatures . Forty-nine cards were dated in May
1943 and the remainder were undated . Fifty-two cards bore the names of persons whose
nanres appear on the Company 's pay roll of June 22, 1943. The said pay roll contains
the names of 115 employees in the appropriate unit.
The Regional Director further stated that the C . I. O. submitted 27 application cards
bearing apparently genuine original signatures and all bearing dates in June 1943 Twenty-
five cards bore the names of persons whose names appear on the Company 's pay roll of
June 22, 1943. Eleven cards bore names also submitted by the A. F. of L.
856 DECISIONS OF NATIONAL LABOR RELATIONS BOAARD
IV. THE APPROPRIATE UNIT
Both unions are in agreement with respect to the unit and the Com-
pany has taken a neutral position. Both unions request the inclusion
of stockroom employees. Since these 'employees handle parts and
materials and are classified as laborers, we shall include them in the
unit. Both unions request' also the inclusion of leadmen. There is
no evidence in the record as to the authority or duties of such employees,
and their inclusion or exclusion will depend upon whether they fit
the definition of supervisory employees stated below.
In accordance with the above, and the agreement of the unions, we
find that all production and maintenance employees of the Company,
including stockroom employees, but excluding executives of the Com-
pany, supervisory employees with the authority to hire,'promote, dis-
charge, discipline, or otherwise effect changes in the status of employees
or effectively recommend such action, foremen, office, and clerical work-
ers, and guards, 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 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 Relations 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 Warren Boat Yard,
Inc., Warren, Rhode' Island, an election by secret ballot shall be con-
ducted 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 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 dur-
ing the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during such pay-roll period
WARREN BOAT YARD, INC. 857
because they were ill or on vacation or temporarily laid off, and includ-
ing 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 they desire to be
represented by the American Federation of- Labor or by Industrial
Union of Marine & Shipbuilding Workers of America (C. 1. 0.) for the
purposes of collective bargaining, or by neither.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Election.
I