Sun Shipbuilding and Dry Dock Co.

National Labor Relations Board - Board Decisions

Sep 20, 1949

86 N.L.R.B. 20 (N.L.R.B. 1949)

In the Matter Of. SUN SHIPBUILDING AND DRY DOCK COMPANY, Eiii-
PLOYER AND PETITIONER and LOCAL No. 2, INDUSTRIAL UNION OF
MARINE AND SHIPBUILDING WORKERS OF AMERICA, UNAFFILIATED and
INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF
AMERICA, CIO, AND ITS AFFILIATED LOCAL No. 2
In the Matter of SUN SHIPBUILDING AND DRY DOCK COMPANY, EM-
PLOYER, and LOCAL No. 2, INDUSTRIAL UNION OF MARINE AND SHIP-
BUILDING WORKERS OF AMERICA, UNAFFILIATED, PETITIONER
Cases Nos. 4-RM-39 and 4-RC-469, respectively. Decided September
20,1949
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed by the Employer and Local No. 2,
Industrial Union of Marine and Shipbuilding Workers of America,
Unaffiliated, herein designated as Unaffiliated Local 2, a consolidated
hearing in these cases was held before Ramey Donovan, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. At the hearing the Intervenors,
Industrial Union of Marine and Shipbuilding Workers of America,
CIO, herein referred to as the International and its affiliated Local
No. 2, herein referred to as Affiliated Local 2, moved to dismiss the
petition on the ground that an existing collective bargaining agree-
ment is a bar to this proceeding. For reasons discussed below, the
motion is hereby denied.'
Pursuant to the provisions of Section 3 (b.) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Gray].
I The Intervenors also contended that Unaffiliated Local 2 ' s petition should be dismissed
because some of its officers have not complied with the filing requirements of Section 9
(f), (g), and ( h). The Board has repeatedly held that the filing requirements of this
section are not a litigable issue , but for the Board to determine in its administrative
capacity. Matter of Trueman Fertilizer Co., 81 N. L. R. B. 72. Our records show that
the officers of Unaffiliated Local 2 have complied with the filing requirements of Section
9 (f), (g), and (h).
86 N. L. IL B., No. 5.
20
SUN SHIPBUILDING AND DRY DOCK COMPANY 21
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. Unaffiliated Local 2 and the Intervenors are labor organizations
claiming to represent employees of the Employer.
3. The question concerning representation:
The Intervenors contend that a collective bargaining contract
entered into with the Employer on February 5, 1948, for a term to
expire on December 31, 1949, is a bar to this proceeding. The Em-
ployer and Unaffiliated Local 2 argue that the contract is not a bar
because a schism within the ranks of the contracting union has created
a substantial, unresolved doubt as to the identity of the labor organ-
ization which the employees desire to represent them.
On March 30, 1949, at a special meeting 2 attended by approximately
150 members out of a total membership of 2,500, a resolution was
overwhelmingly passed to disaffiliate from the International and form
an independent union, Unaffiliated Local 2. All but one of the officers
of Affiliated Local 2, all the members of the Executive Board, and
most of the members of the grievance committee transferred their
allegiance to the new local and assumed comparable duties with Un-
affiliated Local 2. Unaffiliated Local 2 took possession of the property
and funds of the old local, including the meeting hall. As soon as
the International learned of the action of the membership, it appointed
an administrator and new provisional officers for its Local No. 2.
Meetings of Unaffiliated Local 2 since the schism have been attended
by from 350 to 1,500 employees. Those by Affiliated Local 2 have had
from 25 to 100 present.'
Each of the two contending factions requested the Employer to
recognize it as the representative of the Employer's employees under
the contract of February 5, 1948. Each expressed its desire to abide
by the terms of this contract. Each of them demanded that the Em-
ployer turn over to it the checked-off dues collected by the Employer.
The Employer has refused to recognize either of the two factions for
2 The bylaws of Affiliated Local 2 provide that special meetings may be held upon 48
hours notice after a petition for such meeting has been signed by 50 or more members
in good standing. Such a petition was executed by more than 50 members on the morning
of March 28 and notices were posted on company bulletin boards. The Intervenors attack
the legality of the action of Unaffiliated Local 2 under the union constitution and bylaws.
The Board cannot undertake. to determine the constitutionality or legality of this section
of disaffiliation. Matter of Brenizer Trucking Company, 44 N. L. It. B. 810; Matter of
Harbison-Walker Refractories, 44 N. L. R. B. 1280.
Unaffiliated Local 2 also filed with the Regional Director about 2,500 signed authoriza-
tion cards. Affiliated Local 2 filed about 560 such cards. Neither group of cards was
checked against a pay roll.
867351-50-vol. 86-3
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
grievance or other purposes or to pay checked-off dues to either of
them.
In view of the events described and on the entire record, we believe
that a substantial, unresolved doubt exists as to the identity. of the
labor organization which the employees desire to represent them..
This doubt will best be resolved by an election. Accordingly, we find
that the existing contract does not constitute a bar to a present deter-
mination of representatives.5
We find that a question affecting commerce exists concerning the.
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. In accordance with an agreement of the parties, we find that all.
production and maintenance employees at the Employer's Chester,
Pennsylvania, plant, excluding pattern makers and their apprentices,
employees of the main offices, employees in the contract office (i. e.
employees upon the pay roll of Department 91 whose work is in
connection with the bonus contracts of other employees), draftsmen,
employees of the medical and first aid stations, all employees who are
now being paid upon a salary basis, guards, foremen, assistant fore- .
men, leaders, and other supervisors as defined in the Act, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
60 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations, among the employees
in the unit found appropriate in paragraph numbered 4, above, who
were employed during the pay-roll period immediately preceding the
4 The Employer filed an interpleader action in the United States District Court and
after bearing, the Court ordered the Employer to deposit the checked-off dues with the
Registry of the Court until it was properly determined which of the contending organiza-
tions was entitled to the dues. Recently the Intervenors succeeded in having the same
Court enter a temporary order restraining Unaffiliated Local 2 from disposing of any
of the funds and property to which it came into possession as result of the disaffiliation.
'Matter of Hackensack Water Company, 84 N. L. R. B. 842; Matter of Elizabethtown
water Company, 84 N. L. R. B. 845; Matter of Pittsburgh Plate Glass Company, Columbia
Chemical Division, 80 N. L. It. B. 1331 ; Matter of Jasper Wood Products Com-
pany, Inc., 72 N. L. R. B. 1306; Matter of Foley Lumber & Export Corporation, 70
N. L. R. B. 73; Matter of Carson Pirie Scott & Company, 69 N. L. R. B. 935.
'The names of the unions appear as amended by Order of the Board, dated October
6, 1949.
SUN SHIPBUILDING AND DRY DOCK COMPANY 23
date of this Direction of Election, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, 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, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether they desire to be represented, for purposes of collective bar-
gaining, by Local No. 2, Industrial Union of Marine & Shipbuilding
Workers of America, affiliated with the International Brotherhood
of Boilermakers, Iron Shipbuilders and Helpers of America, as Lodge
802, A. F. L., or by Industrial Union of Marine & Shipbuilding
Workers of America, CIO, and its Affiliated Local No. 2, or by neither.