New England Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Aug 6, 1943

51 N.L.R.B. 1101 (N.L.R.B. 1943)

In the Matter of NEW ENGLAND SHIPBUILDING CORPORATION and IN-
DUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA,
C. I. O.
Case No. R-6683.Decided August 6, 1943
Drumaanond d Drummond, by Mr. William B. Mahoney , of Port-
land , Maine, for the Company.
Grant c i Ango ff, by Mr. Sidney S. Grant, of Boston, Mass ., for the
Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petitions duly filed by Industrial Union
of Marine and Shipbuilding Workers of America, C. I. 0., herein
-called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of New England
'Shipbuilding Corporation, South Portland, Maine, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Thomas H. Ramsey, Trial
Examiner. Said hearing was held at Portland, Maine, on July 13,
1943. The Company and the Union appeared at and participated in
the hearing.' All parties were afforded full opportunity to be heard,
to examine 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 Exam-'
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
1 Although American Federation of Labor was served with notice of hearing , it did not
appear.
51 N. L R B., No. 176
1101
1102 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
New England Shipbuilding Corporation is a Maine corporation
with its principal place of business at South Portland, Maine, where
it is engaged in the construction of cargo vessels for the United States
Maritime Commission. Ninety-five percent of all raw materials used
by the Company is shipped to it from points outside the State of Maine.
All vessels constructed by the Company are delivered to the United
States Maritime Commission at Portland Harbor, Maine.
II. THE ORGANIZATION INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 20, 1943, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's clerical employees. The Company refused this 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.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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union urges that all office and clerical employees of the Coin-
pany, excluding leadmen, expediters, travelling expediters, interview-
ers, safety inspectors, nurses, photographers, draftsmen, field repre-
sentatives, firemen, inspectors,, lawyers, supervisory key punch
operators, and statisticians, constitute an appropriate unit. The Com-
pany contends that office and clerical employees should not be permitted
to constitute a collective bargaining unit because such employees per-
foym confidential and/or managerial functions. The Company fur-
2 The Regional Director reported that the Union presented 803 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of May 18, 1943. There are approximately 900 employees in the appropriate
unit.
NEW ENGLAND SHIPBUILDING CORPORATION 1103
Cher contends that to permit the office and clerical employees to align
themselves with the Union would inevitably result in the dissemination
,of confidential information. It points out in this connection that the
Union at the present time represents the Company's production and
maintenance employees.
The record discloses that, with the exception of the office and clerical
employees in the office of the Director of Personnel and the labor rela-
tions office, none of the employees sought by the Union possess con-
fidential information concerning labor relations. The office and
clerical workers are clearly employees within the meaning of the Act
and we see no reason to deprive them of the right to self-organization
and collective bargaining as guaranteed to employees in the Act.3 We
find, accordingly, that office and clerical employees of the Company
may constitute a separate appropriate bargaining unit.
The Company employs approximately 40 persons in the office of the
Director of Personnel and the labor relations office. Such persons
have direct access to all personnel files arid to information pertaining
to labor relations. Accordingly, we shall exclude such employees from
the unit.
The senior accountants employed by the Company have direct charge
of the work of semi-senior and junior accountants. The senior ac-
countants exercise supervisory functions over such employees. We
find that senior accountants are supervisory employees and as such we
shall exclude them from the unit.
The Company employs six persons classified by it as instructors.
They instruct both probationary and experienced employees with re-
spect to technical matters and have the authority to recommend dis-
charge or transfer of trainees. We find that instructors are super-
visory employees and we shall exclude them from the unit.
The Company employs six counseling matrons who investigate
grievances involving female employees. They also make recommen-
dations with respect to their investigations. Accordingly, we shall
exclude the counseling matrons from the unit.
Each of the Company's department heads and executives has a
confidential secretary. The confidential secretaries have access to all
files of their superiors and answer inquiries addressed to department
heads. We shall exclude confidential secretaries from the unit.
The Company employs eight buyers who act as purchasing agents.
The buyers have discretion in deciding from whom purchases should be
made. We find that buyers are closely aligned with management and
we shall therefore exclude them from the unit.
,See Matter of Yellow Track & Coach Manufacturing Comany, Gene) at Motors Truck &
Coach Division , 36 N I, R B 8716
1104 DECISbONS^ OF NATIONAL LABOR RELATIONS BOARD
The cashiers ascertain amounts due employees who resign, distribute
war bonds and make loans. All their functions are performed in con-
formity with specific instructions set up by management. We shall
include cashiers in the unit.
We find that all office and clerical employees of the Company in-
eluding cashiers, but excluding leadmen, expediters, travelling expe-
diters, interviewers, safety inspectors, nurses, photographers, drafts-
men, field representatives, firemen, inspectors, lawyers, supervisory
key punch operators, statisticians, senior accountants, buyers, instruc-
tors, counseling matrons, confidential secretaries, office and clerical
employees in the office of the Director of Personnel and labor relations
office, and all 'supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 New England
Shipbuilding Corporation, South Portland, Maine, 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 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
3
NEW ENGLAND SHIPBUILDING CORPORATION 1105
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 In-
dustrial Organizations, for the purposes of collective bargaining.
CHAIRMAN Mucus took no part in the consideration of the above
Decision and Direction of Election.