Ingalls Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Dec 13, 1944

59 N.L.R.B. 924 (N.L.R.B. 1944)

In the Matter of INGALLS SHIPBUILDING CORPORATION and INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, C. I. O.
Case No. 10-R-1325.-Decided December 13, 1944
Mr. D. W. Strickland, of Birmingham, Ala., for the Company.
Mr. W. M. Thompson, of Decatur, Ala., for the C. I. O.
Mr. C. L. Riley, of Birmingham, Ala., for the A. F. L.
Mr. Jack Mantel, of counsel to the Board.
DECISION
.
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Industrial Union of Marine and Ship-
building Workers of America, C. I. 0., herein called the C. I. 0., alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Ingalls Shipbuilding Corporation, De-
catur, Alabama, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Mortimer H. Freeman, Trial Examiner. Said hearing was held
at Decatur, Alabama, on November 10, 1944. The Company, the
C. I. 0., and International Brotherhood of Boilermakers, Iron Ship
Builders and Helpers of America, A. F. of L., herein called the A. F. L.,
appeared and participated. All parties were afforded full opportu-
nity to be heard, to'examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. At the hearing, the A. F. L.
moved to dismiss the petition on the ground that its contract with the
Company constituted a bar to this proceeding. The Trial Examiner
referred the motion to the Board. The motion is hereby denied for the
reasons hereinafter set forth. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
59 N. L. R. B., No. 177.
924
INGALLS SHIPBUILDING CORPORATION
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
925
Ingalls Shipbuilding Corporation is a Delaware corporation having
its general office and principal place of business in Birmingham, Ala-
bama. At its shipyard in Decatur, Alabama, the Company is engaged
in the construction of ships, tankers, towboats, barges, pontoons, and
general floating equipment. During the 12 months preceding Novem-
ber 1944, the Company's Decatur shipyard purchased raw materials
consisting chiefly of iron, steel, machinery, boilers, and electrical and
joiner equipment, valued in excess of $5,000,000, of which amount ap-
proximately 50 percent was shipped to its Decatur shipyard from
points outside the State of Alabama. During the same period, the
Company manufactured, sold, and deliverdd a certain'number of ships
valued in excess of $10,000,000, which were constructed for the United
States Maritime Commission and the United States War Department.
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,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
International Brotherhood of Boilermakers, Iron Ship Builders and
Helpers of America, affiliated with the American Federation of Labor,
is a labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the A. F. L. signed a 1-year collective bargaining
contract on November 9, 1944, which was retroactive as of May 1, 1944.
The retroactive feature was in accordance with a final order of the
National War Labor Board, issued on November 4, 1944, relative to
wages and work classifications. The C. I. O. filed its petition herein on
September 27, 1944, and by letter dated October 3, 1944, requested the
Company for recognition as the bargaining representative of its em-
ployees. The Company made no reply to the letter. In support of its
motion to dismiss the petition, the A. F. L. claims as a bar to this
proceeding, its contract signed on November 9, 1944, which was an-
extension of a contract entered into with the Company in October
1941. The A. F. L. has had contractual relations with the Company
for over 3 years and has obtained for the employees the benefits of
representation throughout that period. In this respect the A. F. L.
is not in the position of a newly certified representative which is entitled
926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to a reasonable opportunity to act as the exclusive bargaining repre-
sentative for the employees. Moreover, since the record shows that the
C. I. O.'s petition was filed, and the request for recognition was made,
prior-to the signing of the contract on November 9, 1944, we are of the
opinion that the contract does not constitute a bar to a present determi-
nation of representatives for the purposes of collective bargaining.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found 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 parties are in general agreement that all employees of the Com-
pany, including working leadermen, but excluding timekeepers, office
and clerical employees, supervisory leadermen, and all other super-
visory employees constitute an appropriate bargaining unit. They are
in dispute; however, concerning guards, whom the Company and the
A. F. L. would exclude from the unit, and the C. I. O. would include.
The Company employs approximately 30 guards whose duties are to
police the plant; maintain order; check employees going in and out of
the plant; enforce rules and regulations relating to safety, gambling,
drinking on the job, and other plant regulations ; they are authorized
to remove an employee from the plant for violation of the rules, such
as gambling or drinking on the job. They carry arms and are deputized
by the county sheriff. It is the policy of the Board to exclude from
units of production and maintenance employees plant-protection em-
ployees who are deputized by the local authorities, carry arms, and
perform monitorial duties, such as described above, since such em-
ployees may be required to assume a position adverse to that of the
ordinary production and maintenance employees. We shall therefore
exclude the guards.
We find that all production and maintenance employees of the Com-
pany at the Decatur, Alabama, shipyard, including working leader-
men, but excluding guards, timekeepers, office and clerical employees,
supervisory leadermen, and all other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
i See MacClatchie Manufacturing Company, 53 N L R B. 1268
9 The Board agent reported that the C. I. 0 submitted 486 authorization cards ; that
233 cards were dated between December 1943 and October -1944 , and that 253 cards were
'undated At the hearing , the C . I O. presented to the Trial Examiner 25 additional au-
thorization cards , dated between August and October 1944 There are approximately 1250
employees in the unit hereinafter found to be appropriate . The A F L. relies on its contract
for its interest in the proceeding.
INGALLS SHIPBUILDING CORPORATION 927
changers in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Sectiom9 (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 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 3, as amended, it is hereby
DIRECTED that, as part of, the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ingalls Shipbuild-
ing Corporation, Decatur, Alabama, 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 Tenth 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 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
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election, to
determine whether they desire to be represented by Industrial Union
of Marine and Shipbuilding Workers of America, C. I. 0., or by Inter-
national Brotherhood of Boilermakers, Iron Ship Builders and Help-
ers of America, A. F. of L., for the purposes of collective bargaining,
or by neither.
618683-45-vol 59-60