Los Angeles Shipbuilding & Drydock Co.

National Labor Relations Board - Board Decisions

May 20, 1942

41 N.L.R.B. 791 (N.L.R.B. 1942)

In the Matter of Los ANGELES SHIPBUILDING & DRYDOCK COMPANY and
PATTERN MAKERS ASSOCIATION OF Los ANGELES (A. F. OF L.)
Case No. R-3702
ORDER
May 00, 194
On May 4, 1942, the National Labor Relations Board, herein called
the Board, issued its Decision and Direction of Election in the above-
entitled proceeding.' On May 18, 1942, Industrial Union of Marine
and Shipbuilding Workers of America, Local No. 9, affiliated with the
Congress- of Industrial Organizations, herein called the Shipbuilding
Workers, filed a motion requesting the Board to rescind and set aside
the-said Decision and Direction of Election. In support of its motion
the Shipbuilding Workers contends that it has bargained for pattern
makers and.pattern-maker apprentices employed by the Company;
that the Company recognized that pattern makers and pattern-maker
apprentices are covered by contracts with the Shipbuilding Workers ;
that Pattern Makers Association of Los Angeles, affiliated with the
American Federation of Labor, herein called Pattern Makers Associa-
tion, bargained with a minor official of the Company in violation
of the contracts existing between the Shipbuilding Workers and the
Company ; and further, that the holding of an election ordered by
the Board in the above Decision and Direction of Election will dis-
turb the friendly and harmonious relations existing between the Com-
pany and the Shipbuilding Workers. The Board has considered the
motion and finds it to be without merit. The record indicates, and
the Board has found, that despite the existence of the above-mentioned
contracts between the Shipbuilding Workers and the Company, the
Shipbuilding Workers admitted refusing upon request of a representa-
tive of the Office of Production Management in January 1942 to nego-
tiate for the pattern makers, stating in effect, that it could not bargain
for the pattern makers unless they were members of the Shipbuilding
Workers. Moreover, Pattern Makers Association has bargained with'
the Company through its plant superintendent in behalf of the pattern
makers and pattern-maker apprentices, the alleged contracts notwith-
standing. There is no evidence other than unsubstantiated allegations
that the holding of an election will "endanger the good will" and
1 40 N L R. B 1150
41 N. L. R. B., No. 151.
791
792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"friendly relationship that now exists between" the Shipbuilding
Workers and the Company.
The Shipbuilding Workers contends further that the Board's
Decision and Direction of Election noted above is contrary to Board,
precedents. This contention, however, is clearly without merit.2 For
the foregoing reasons, as well as the additional reasons set forth in
the Decision and Direction of Election, the motion of the Shipbuilding
Workers will, therefore, be denied.
IT IS IfEREBY ORDERED that the motion to rescind and set aside the
Decision and Direction of Election in the above-entitled proceeding,
filed by Industrial Union of Marine and Shipbuilding Workers of
America, Local No. 9, affiliated with the Congress of Industrial Organi-
zations, be, and it hereby is, denied.
2 See Matter of National Can Company and Steel Workers Organizing Committee Lodge
No. 1670, 13 N. L. R. B. 1242; Matter of The Maryland Dry Dock Company and Baltimore
Assn of Pattern Makers, Pattern Makers' League of North America , 23 N. L R B 917;
Matter of Shipowners Association of the Pact/to Coast, et al ., and International Longshore-
men's and Warehousemen 's Union, 32 N L R B . 668, Matter of Bendio Products Division
of Bendy Aviation Corporation and Pattern Makers League of North America, South Bend
Association , affiliated with the A F of L, 39 N. L R. B, 81
In the Matter of Los ANGELES SHIPBUILDING & DRYDOCK COMPANY
and PATTERN MAKERS ASSOCIATION OF Los ANGELES (A. F. OF L.)
Case No. B-3700
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Jame 12, 1942
On May 4, 1942, the National Labor Relations Board issued its
Decision- and Direction of Election in the above-entitled proceeding.,
Pursuant to the Direction of Election, an election by secret ballot was
conducted on May 22, 1942, under the direction and supervision of
the Regional Director for the Twenty-first Region (Los Angeles,
California). On May 23, 1942, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued an Election Re-
port, copies of which were duly served upon the parties. No objections
to the conduct of the ballot or to the Election Report were filed by any
of the parties.'
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list-------------------------------------- 12
Total ballots cast------------------------------------------ 10
Total ballots challenged------------------------------------- 1
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted----------------------------------- 9
Votes cast for Industrial Union of Marine and Shipbuilding
Workers of America, Local 9, C. 1. 0----------------------- 0
Votes cast for Pattern Makers Association of Los Angeles,
A. F. of L------------------------------------------------ 9
Votes cast for neither-------------------------------------- 0
Upon the entire record in the case, the Board makes the following :
1 40 N. L R. B 1150
41 N. L R B, No 151a.
793
794 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SUPPLEMENTAL FINDINGS OF FACT
In its Decision and Direction of Election, the Board made no final
determination as to the appropriate unit for the pattern makers and
pattern-maker apprentices employed by the Company at its plant in
San Pedro, California. In view of the result of the election and in
accordance with our Decision and-Direction of Election, we find that
all pattern makers and pattern-maker apprentices employed by the
Company at its San Pedro, California, plant, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
CERTIFICATION OF REPRESENTATIVES
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, Sections.8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as'amended,
IT Is HEREBY.' CERTIFIED that Pattern Makers Association of Los
Angeles; affiliated with the American Federation of Labor, has been
"selected-by a majority of pattern makers and pattern-maker appren-
tices of ' Los Angeles Shipbuilding' & Drydock Company at its San
Pedro, California, plant, as their representative for the purposes of
collective bargaining, and that pursuant to the provisions of Section
9 (a) of the National Labor Relations Act, Pattern Makers Associa-
tion of Los Angeles, affiliated with the American Federation of Labor,
is the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.