Port Houston Iron Works

National Labor Relations Board - Board Decisions

Dec 19, 1942

46 N.L.R.B. 155 (N.L.R.B. 1942)

In the Matter of PORT HOUSTON IRON WORKS and INTERNATIONAL
BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, WELDERS &
HELPERS OF AMERICA, LOCAL No. 74, AND INTERNATIONAL ASSOCIATION
'OF MACHINISTS, LOCAL No. 832.
Case No. R-4483.-Decided December 19, 194
Jurisdiction : shipbuilding industry.
.Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition; election necessary.
Unit Appropriate for Collective Bargaining : all employees excluding mana-
gerial (including dockmasters), office and clerical employees (including store-
room employees), department -heads; safety men, and watchmen ; welders
included over contention of intervening craft union for their establishment
as a separate unit when they were not a homogeneous or identifiable group
but on the contrary from a managerial and functional standpoint were merged
with other employees.
Mr. J. E: Gough and Mr. H. V. Huckaby, of Houston, Tex., for the
Company.
Mr. W. L. Grant, of Houston, Tex., for the Boilermakers and
Machinists.
Mr. Seymour Liebeiwnlan, of Houston, Tex., for the Welders.
Mr. A. Sumner Lawrence, of counsel to the Board. '
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition jointly filed by International Associa-
tion of Boilermakers, Iron Shipbuilders, Welders & Helpers of Amer-
ica, Local No. 74, herein called the Boilermakers, and International
Association of Machinists, Local No. 832, herein called the Machinists,
-alleging that a question affecting commerce had arisen concerning the
representation of employees of Port Houston Iron Works, Houston,
Texas, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Elmer
Davis, Trial Examiner. Said hearing was held in Houston, Texas,
,on November 2, 1942. The Company, the Boilermakers, the Machin-
46 N. L. R. B., No. 22.
155
156 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
ists , and United Brotherhood of Welders, Cutters and Helpers of
America, Local No. 5, herein called the Welders, appeared, partici-
pated, and 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. The Welders filed
a brief which the Board has duly considered.
Upon the entire record in the case, the Board makes the following::
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Port Houston Iron Works, a Texas corporation, has its principal
offices and place of business in Houston, Texas, where it is engaged
in the business of drydocking, ship repairing and conversion, boat
construction, and,the operation of a general machine shop. During-
the 6-month period ending September 1, 1942, the Company purchased-
raw materials valued in excess of $50,000, of which 40 percent was.
obtained from points outside the State of Texas. The Company admits
that it is engaged in commerce within the meaning of the National.
Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Boilermakers, Iron Shipbuilders,
Welders & Helpers of America, Local No. 74, and International Asso-
ciation of Machinists, Local No. 832, are labor ,organizations affiliated-
with the American Federation of Labor, admitting to membership.
employees of the Company.
United Brotherhood of Welders, Cutters and Helpers of America,.
Local No. 5, is ah unaffiliated labor organization, admitting to member--
ship employees of the• Company.-
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 27, 1942, a committee representing the petition-
ing unions, the Boilermakers and the Machinists, requested that the-
Company bargain collectively. The Company declined to bargain
with the petitioning unions until certified by the Board. Thereafter,.
the Welders requested recognition from the Company but the Company
declined to grant the Welders an appointment.
A statement of a Field Examiner, introduced in evidence ' at the
hearing, indicates that both the petitioners and the Welders represent
PORT HOUSTON IRON WORKS 157
a substantial number of employees in the unit each claims to be
appropriate
We find that questions affecting commerce have 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 Re-
lations Act.
IV. THE APPROPRIATE UNIT
The Boilermakers and Machinists, in agreement with the Company,
contend that the appropriate unlt•should be company-wide and include
.all employees except managerial, office and clerical employees, depart-
ment heads, safety men, and watchmen. The Welders, on the other
hand, while not opposing the exclusions above mentioned, urges a
.separate unit for those employees described as welders and helpers and,
specifically requests that the Board direct an election among the
welders and helpers to permit them to determine whether they desire
to bargain as a' separate unit or as part of an industrial unit.
With respect to the proposed unit of welders and helpers as con-
trasted with an industrial company, 'wide unit, it appears that the
Company has never recognized the welders as a separate class of
'employees and has generally required that welders, whose pay is the
,same as that enjoyed by other crafts, be able, like other craftsmen, to
perform work in addition to that of their own particular craft. While
the extent to which welders, do other types of work is in dispute, it
was admitted by a witness for the Welders that the welders employed
,by the Company do not confine their work entirely to welding. In
addition, it appears that, under the organizational plan of the Com-
pany, welders are not confined to any one department or even to a
subdivision thereof, but are required to do welding in whatever de-
partment there is welding to be done, in the performance of which work,
they have, as a general rule, no,separate superintendent or foreman 2
The resulting difficulty in identifying a welders' group is, moreover,
increased by the fact that, upon the evidence in the record, there is no
i The Field Examiner reported that the Boilermakers and Machinists had submitted,
159 signed authorization cards of which 155 were dated between July and September 1942,
and 4 undated ; that of the 159 cards , all of 'which appeared to bear genuine original
signatures , 120 bore the names of persons on the Company 's pay roll of October 2, 1942,
containing a total of 303 names of which 254 are the names of employees within the
Boilermakers ' and Machinists ' alleged appropriate unit. The Field Examiner further
irepoited that the welders, claiming an interest in the proceeding , had submitted 28,
signed authorization cards , of which 27 were dated between August 20, 1942, and Septe-
ber 8, 1942 , and 1 undated ; that of the 28 cards , all of which appeared to bear genuine
original signatures , 17 bore the names of persons on the Company 's pay roll of October 2,
1942 , containing 303 names of which 82 are names of employees within the welders'
.alleged appropriate unit.
a The record reveals only one' welder foreman who is on duty at night temporarily in
-the boat-building , department. ,
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clearly established, group of employees known as welders' helpers,
who, according to the Welders, constitute an integral part of the pro-
posed welders' unit.
In some cases involving the question of the appropriateness of a
welders' unit, we have either established such a unit or have condi-
tioned our finding thereof in part upon the results of a "`Globe'-' elec-
tion. However, in such cases welders were found to constitute a
clearly identifiable group because they were physically segregated
from other employees,3 or were under separate centralized supervision,4
or because they were engaged solely in specialized operations which
because of their skill and training they alone were competent to per-
form.,' The facts set forth above show that the welders and welders'
helpers of the Company are not a homogeneous or identifiable group;
on the contrary, both from a managerial and a functional standpoint
they are merged with other employees. Under these circumstances,
and in view of the company-wide organization by the petitioning
unions and the relatively small showing of representation made by
the Welders in its proposed unit, we are of the opinion that a unit of
welders and helpers would be inappropriate and that the interests of
all employees, including welders and their helpers, will best be served
by establishing an industrial unit.
, There remains for consideration the question of certain minor in-
clusions and exclusions from the appropriate unit. The parties agree
and we find that the dockmasters and the employees of the storeroom
should be excluded from the appropriate unit as managerial and cleri-
cal employees, respectively. With respect to the toolroom employees
whom the Boilermakers and Machinists would include and the Com-
pany and the Welders exclude from the appropriate unit, it appears
that since their work has to do with the maintenance and care of tools
and involves little clerical work other than the checking of tools in
and out of the toolroom, they have interests in common with the em-
ployees within the appropriate unit. We shall, accordingly, include
them within the appropriate unit. The only remaining employees to
be considered are the leadermen in the labor department, each of whom
has supervision over 10 laborers. While the leadermen may recom-
mend the laborers to the superintendent for discharge, they may not
actually hire or discharge employees under their supervision. Both
the petitioning unions and the Company would include the leadermen
a See Matter of Curtiss -Wriqht Corporation and United Automobile, Aircraft , and Agri-
cultural Implement Workers of America , C 1. C. Local 954, 41 N L. It B 1:67; Matter
of National Analine Division , Allied Chemical and Dye Corporation and Dist? ict 50, United
Mine Workers of America , Local 12T10, 40 N L, R. B. 1351.
* Sae Matter of Houston Shipbuiidinq Corporation and I/onston Metal Trades. Council,
affiliated with Metal Trades Dept. (AFL), Cases Nos R-4402. R-4403 46 N L R B 161
8 S!e Matter of Walworth Company, Inc . and United Brotherhood of Welders, Cutters;
and Helpers,of America, 45 N.-L R B 926 -
PORT HOUSTON IRON' WORKS 159
within the appropriate unit. While the Welders does not seek to in-
clude leadermen in the labor department, it would include other lead-
ermen, particularly leadermen among, the welders 6 within the appro-
priate unit. Since all parties are in virtual agreement upon the inclu-
sion of leadermen, we shall include them within the, appropriate unit.
We find that all employees of the Company excluding managerial
(including dockmasters), office and clerical employees (including
storeroom employees),-department heads,7 safety men, and watchmen,
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 an election by secret ballot among the employ-
ees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion. Since the Boilermakers and Machinists are joint petitioners
and contend for an industrial unit, we shall permit their names to
appear jointly on the ballot.
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 Rela-
tions 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 Port Houston
Iron Works, Houston, Texas, 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 Sixteenth 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 em-
ployed 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
6 The Company stated that it had no classification of leadermen in any departments other
than the labor department.
7 Identical with the foremen of departments.
160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
States who present themselves in person at the polls, but excluding
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by International Brother-
hood of Boilermakers, Iron Shipbuilders, Welders & Helpers of Amer-
ica, Local No. 74, and/or International Association of Machinists,
Local No. 832, or by United Brotherhood of Welders, Cutters and
Helpers of America, Local No. 5, for the purposes of collective bar-
gaining, or by neither.