Brown Shipbuilding Co., Inc.

National Labor Relations Board - Board Decisions

Mar 20, 1946

66 N.L.R.B. 978 (N.L.R.B. 1946)

In the Matter of BROWN SHIPBUILDING COMPANY, INC. and BROTHI:R-
HOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA.
LOCAL UNION No. 130, A. F. OF L.
Cure No. 16-R-15,i.3.-Decided March 20, 1946
:lleasrs. Powell, Wirtz. Hatuhut and Gideon, by Messrs. Ilc,'wa:-
Jones and Ben. H. Powell, Jr., of Austin, Tex., for the Company.
Messrs. C. A. West and 0. R. Smith, of Houston, Tex. for the
Union.
Mr. Donald B. Brady. of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Brotherhood of Painter.
Decorators and Paperhangers of America, Local Union No. 130,
A. F. of L.. herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Brown Shipbuilding Company, Inc., Houston, Texas, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Louis R. Mercado, 'trial
Examiner. The hearing was held at Houston, Texas, on January 24.
1946. The Company and the Union appeared and participated. All
parties were afforded 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 prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file brief., with the Board.
upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TILE COMPANY
Brown Shipbuilding Company, inc.. is a corporation engaged in
die construction, conversion, and repair of vessels for the United
States Navy and private owners in Harris County, near Houston.
Texas. The Company's facilities consist of two attached sections
66 N. L. R. B., No. 119.
978
BROWN SHIPBUILDING COMPANY , INC. 979
called "A" Yard and "B " Yard. "A" Yard is owned by the Company,
but is no longer in operation and is being dismantled. "B" Yard,
where dry dock facilities are located, is owned by the United States
Government and is leased to the Company for a nominal amount when
work is being performed for the United States Navy and for a fair
rental value when work is being performed for private owners. The
United States Navy at all times retains priority in the use of the
facilities. The work in the yard consists of the fabrication of iron,
steel, and other products for the manufacture, conversion, and repair
of vessels of all types. All materials used by the Company for work
on vessels of the United States Navy are purchased exclusively for
the United States Government and remain the property of the United
States Government during the period when work is performed
thereon by the employees of the Company. A substantial amount of
the materials for the vessels owned by both the United States Navy
and private owners is shipped to the Company's yard from points
outside Texas. Vessels completed for the United States Navy are
delivered at the Company's yard in Texas.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Brotherhood of Painters. Decorators and Paperhangers of America.
Local Union No. 130, is a labor organization. affiliated with the
American Federation of Labor. admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING RI'PRESEN'rA'I'ION
The Company has refused to grant recognition to the [anion as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
At the hearing. the Company contended, in substance, that the
Board should not direct an election at this time because • (1) a sub-
stantial reduction of personnel is in progress :1 (2) insufficient time
The Company submitted the tollowing data with ie-pet t to t''e i.4ti of reduction in
the number of emploiee, in the Paint Department
Date
February 6, 1945
November 9, 1945
December 7, 1945
January 1, 1946 .
January 18, 1946
March 1, 1946
* Estimated
Number of
employees tin
paint
department
600
430
374
273
221
" 12:i
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
had elapsed since a prior election was conducted in which the Union
had participated; and (3) it doubted the majority status of other
unions which the Board had previously certified and asserted that
elections, if any, should be conducted for all of the bargaining repre-
sentatives at the same time.
Regarding the Company's first contention, the record shows that
the Company has been rapidly decreasing its personnel as the result
of its completion of war contracts. However, the Company estimates
that all of its war contracts will be completed by March 1, 1946, when
all of its personnel, including a substantial number in the unit herein-
after found appropriate, will be employed on peacetime production
and further reduction is not contemplated. Inasmuch as the election
will not be held until after March 1, 1946, the contemplated reduction
of personnel will have been completed by that time.2
Although the Board does not customarily proceed with the investi-
gation of representatives on the basis of a new petition by the same
labor organization filed within less than a year after an inconclusive
election, here, a year will have elapsed before the election is held."
With regard to the Company's third contention, we find no justi-
fiable reason for postponing a determination of representatives at this
time on the ground that the Company doubts the majority status of
the other Unions which the Board previously certified as the repre-
sentatives of employees not here involved.
In view of the foregoing, we find no merit in the Company's con-
tentions.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.4
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.
' See Matter of M. P. Holler, Inc., 56 N L. R. B. 16.
sIn Matter of Brown Shipbuilding Company, Inc, 60 N. L. R. B. 196, the Board on
January 23, 1945, ordered an election in substantially the same unit as herein sought
by the parties. The election, in which only the petitioner participated, was conducted
on February 6, 1945, but did not result in the selection of a bargaining representative
* The Field Examiner reported that the Union presented 205 applications for member-
ship and that these applications were dated from August through November 1945. The
Field Examiner estimated that there were approximately 200 employees in the unit the
Union contends to be appropriate at the time he made his report.
BROWN SHIPBUILDING COMPANY, INC. 981
IV. TIE APPROPRIATE UNIT
We find, substantially in accord with the agreement of the parties,
that all employees in the Company 's paint department , including
brush and spray painters and apprentices , but excluding employees
who perform work of sign painting , lettering and numbering , clerical
and plant -protection employees , employees classified as cleaners and
scalers, managerial employees , leadmen, and all or any other super-
visory employees with authority to hire, promote, discharge, discip-
line, or otherwise effect changes in the status of employees , or effec-
tively recommend such action , constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (h)
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 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Brown Shipbuild-
ing Company, Inc., Houston, Texas, 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 Sixteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among 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 those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
982 D E C I S I O I N S S OF NATIONAL LABOR RELATIONS BOARD
election. to determine whether or not they desire to be represented by
Brotherhood of Painters, Decorator and Paperhangers of America.
Local Union No. 130. A. F.* of L.. affiliated with the American Fed-
eration of Labor. for the pnrpo5es of collective bargaining.