The Ingalls Shipbuilding Corp.

National Labor Relations Board - Board DecisionsMar 20, 1940

21 N.L.R.B. 789 (N.L.R.B. 1940)

In the Matter of THE INGALLS SHIPBUILDING CORPORATION and METAL TRADES DEPARTMENT , AFFILIATED WITH THE A. F. OF L. Case No. R-1738.-Decided March W, 1940 Shipbuilding hsdush y-Jurestugahon of Representatives : controversy con- cerning representation of employees : rival organizations ; refusal to recognize petitioning union Unless certified by Board-Unit Appropriate for Collective Bargannuug â€¢ stipulation as to production and maintenance employees of the Company, exclusive of managerial employees , supervisory employees, office clerks. instructors in the welding school or other craft schools that may be established by the Company, watchmen or policemen who are deputized, com- missioned , or appointed by the City of Pascagoula or other public authority, instrument men, inspectors, office porters, and cost-department clerks; checkers excluded as clerical workers-Election Oi dci ed: intervenors excluded from ballot because of failure to establish substantial interest in appropriate unit. Mr. C. Paul Barker, for the Board. Ford d Ford, by Mr. J. I. Ford, of Pascagoula, Miss., and Mr. D. W. Strickland, of Birmingham, Ala., for the Company. Mr. W. D. Taylor, of Pascagoula, Miss., for the Metal Trades Der partlnent and International Brotherhood of Boilermakers, Iron Ship- builders, Welders and Helpers of America, A. F. of L. Mr. Ed. Long, of Pascagoula, Miss., and Mr. Walter F. Schaffer, of Mobile, Ala., for the American Federation of Labor. Mr. Charles H. Poe, of New Orleans, La., for International Asso- ciation of Machinists and Metal Trades Department, A. F. of L. Mr. Benjamin A. Murray, of New Orleans, La., for International Association of Bridge Structural R Ornamental Iron Works and Metal Trades Department, A. F. of L. Mr. Richard P. Walsh, of New Orleans, La., for International As- sociation of Plumbers and Steamfitters, A. F. of L. Mr. 0. A. Walker, of Shreveport, La., for International Brother- hood of Electrical Workers, Metal Trades Department, A. F. of L. Mr. Arthur Leary, of New Orleans, La., and Mr. W. T. Christ, of Mobile, Ala., for the Industrial. Mr. N. B. Maxwell, for the Congress of Industrial Organizations. Mr. Otto Karl Wiesenbery, for the Association. - Miss Charlotte Anschuetz, of counsel to the Board. 21 N L R B. No. St. 789 2530;2-41-Nof 21---51 790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 25, 1940, Metal Trades Department, affiliated with the A. F. of L., filed with the Regional Director for the Fifteenth Region (New Orleans, Louisiana) a petition, and on February 9, '1940, an amended petition, alleging that a question affecting com- merce had arisen concerning the representation of employees of The Ingalls Shipbuilding Corporation, Pascagoula, Mississippi, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 5, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 8, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Metal Trades Department, and the Industrial Union of Marine Shipbuild- ing Workers of America, C. I. 0., herein called the Industrial, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on February 16, 1940, at Pascagoula, Mississippi, before Berdon M. Bell, the Trial Examiner duly designated by the Board. At the opening of the hearing, mo- tions to intervene were filed by the Industrial, and by Pascagoula Marine Shipbuilding Association, herein called the Association, which claimed to be an unaffiliated labor organization with a substantial interest in the proceeding. These motions were granted by the Trial Examiner. The Board, the Company, the Metal Trades Department, and the Association were represented by counsel. The Industrial was represented by one of its national organizers. All participated in the hearing.' Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial The following labor organizations affiliated with the Metal Trades Department were also represented at the hearing : International Brotherhood of Boilermakers , Iron Ship- builders, Welders and Helpers of America ; International Association of Machinists ; International Association of Bridge Structural & Ornamental Iron works ; International Association of Plumbers and Steamfitters ; and International Brotherhood of Electrical Workers. In addition , the Congress of Industrial Organizations , with which the Indus- trial Union is affiliated, was also represented. THE INGALLS SHIPBUILDING CORPORATION 791' Examiner made several rulings on motions aild on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. - A brief was filed by the Metal Trades Department and considered by the- Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Ingalls Shipbuilding Corporation is a Delaware corporation engaged in the construction of ships for the United States Govern- ment at Pascagoula, Mississippi. The Company is presently en- gaged in building four cargo ships pursuant to a contract with the United States Maritime Commission. Each ship will cost in excess of $2,500,000. Supplies and materials approximating the sum of $7,000,000 in value are being obtained from without the State of Mississippi for the construction of the ships. The Company admits that 'it is engaged in interstate commerce. H. THE LABOR ORGANIZATIONS INVOLVED Metal Trades Department is a labor organization affiliated with the American Federation of Labor. Its constituent unions admit to membership production and maintenance employees of the Company.z Industrial Union of Marine and Shipbuilding Workers of America is a labor organization affiliated with the Congress of Industrial Or- ganizations. It admits to membership production and maintenance employees of the Company. Pascagoula Marine Shipbuilding Association is an unaffiliated labor organization admitting to membership production and maintenance employees of the Company. III. TILE QUESTION CONCERNING REPRESENTATION On December 6, 1939, the Metal Trades Department conferred with the Company and asked to be recognized as the exclusive bargaining agent of the construction and maintenance employees, but received no answer at that time. A few weeks later the Metal Trades Depart- ment sent the Company a letter making the same demand. The Company replied in substance that it was willing to comply with the 2 Metal Trades Department is a department or a division of the American Federation of Labor. It appears from the record that Metal Trades Department obtained cards from the employees authorizing it directly to represent them. 792, DECISIONS OF NATIONAL LABOR RELATIONS BOARD requirements of the Act, but that the Industrial was making the same- demand, and that therefore it was unable to determine which of the two organizations, if either, represented a majority of its employees. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT All the parties agree that the appropriate unit for purposes of col- lective bargaining consists of all production and maintenance em- ployees of the Company, excluding the following classifications : all managerial employees, supervisory employees, office clerks, instructors in the welding school or other craft schools that may be established by the Company, -watchmen or policemen who are deputized, com- missioned, or appointed by the City of Pascagoula or other public authority, instrument men, inspectors, office porters, and cost-depart- ment clerks. It was stipulated during the hearing that "supervisory employees" 3 include all department foremen, assistant foremen, and leader men, or strawbosses, who are in charge of the direction and supervision of a particular operation.4 The parties are in conflict only with respect to the inclusion or ex-' clusion of the class of employees known as checkers. The Metal Trades Department and the Company desire that these employees be' excluded, whereas the Industrial and the Association desire their in- clusion. The position of the Metal Trades Department is that these workers are clerical and are in close relation to the management; the Industrial contends that they should be included because their work is closely related to that of the other workers in the yard and because they are not closely associated with the management of the Company. 3According to a list of plant employees as of the pay -roll period ending February 11, 1940, the following were agreed to be supervisory employees : Floyd Stephenson , William G. Hare, Hugh Fletcher , B. G. Holmes , A. Shepherd , W. C. Johnson, H. C. Pratt, W. E. Darnell , W. B. Furman , J. A. Coiling , F. A. Wages, R . B. Adams , E. J. Tipton, J. E. Miller, Ralph Case, A. L. Smith, Percy Seal, W. C. Brondum , Sr., C. A. Pankey, A. K. Walker , W. D Firth, A . J. Walker, W. Al. Grandahl, F. X. Skinner , R. L. Miller., It was stipulated that one Truex , who directs a small portion of the work, is not considered as a supervisory employee. , THE INGALLS 'SHIPBUILDING CORPORATION" 793 The duties of the checkers vary with their position in the plant. The majority of them receive incoming shipments, such as steel, and com- pare them with the bills of lading or shipping memoranda, reporting any discrepancies. They designate where the material is to be placed, but do not handle it themselves. They have under them from two to six or more men, who handle the shipments under their super- vision. We find that the work of the checkers is largely clerical and we shall exclude them from the bargaining unit. 5 We find that the production and maintenance employees of the Company, excluding managerial 'employees, supervisory employees, office clerks; instructors in the welding school or other craft schools that may be established by the Company, watchmen or policemen who are deputized, commissioned, or appointed by the City of Pascagoula or other public authority, instrument men, inspectors, office porters, cost-department clerks, and checkers constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self- organization and collective bargaining and otherwise effectuate the policies of the Act. vi. THE DETERMIINATION OF REPRESENTATIVES The Metal Trades Department claimed at the hearing that it repre- sents about 500 of the approximately 700 employees in the appropriate unit. In support of its claim it submitted to the Trial Examiner signed cards of 361 employees in the appropriate unit authorizing the Metal Trades Department to represent them. There was testi- mony that in addition over 150 employees belong to sister organiza- tions or other labor organizations affiliated with the Metal Trades Department. The Industrial stated in its petition to intervene that it had "a substantial interest in the within hearing in that a great number of the employees of the Company herein are members of said union and/or have signed authorization cards authorizing the said union to represent them as collective bargaining agent under the terms of the National Labor Relations Act." In support of its claim the Industrial introduced at the hearing a letter from a Field Examiner of the Board in New Orleans admitting that 12 Industrial member- ship cards were presented to him on February 1, 1940. In the same letter the Field Examiner asked for additional proof of the same nature, but none was presented to him. The only witness for the Industrial was Arthur Leary, one of its national organizers. Leary testified that the Industrial's organiza- 5 See Matter of Alabama Drydock and Shipbuilding Company and Industrial Union of Marine and Shipbuilding Workers of America, Local No. 18, 5 N. L. R. B 149. 794 DECISIONS OF NATIONAL--LABOR RELATIONS BOARD tional activities had started in February 1939, even before the plant was completed, and had continued to the present. He explained that since the Industrial had no charter or local in the City of Pascagoula, its members there consisted of men who had joined the Industrial before they came to Pascagoula 6 and of men who had joined thereafter through other locals. For this reason the mem- bership cards were not available and he estimated that it would take approximately 15 days to have the cards mailed from the locals. Leary claimed that the Industrial had 8 or 10 committee- men organizing among the Company's employees, and that he had obtained the 12 cards mentioned above from one of these com- mitteemen. He said that he had not had time to consult all of the committeemen and take their. applications and turn them, over as evidence to the Board. Although he was reluctant to venture an opinion concerning probable membership, he finally estimated the number as between 100 and 200. In addition, Leary claimed that a number of employees including some members of the Metal Trades Department feared to lose their jobs if they joined the Industrial, or gave it written authorization to represent them, and, therefore, gave it verbal authorization. The Industrial moved for a continuance of a few days at the beginning of the hearing and again when it concluded its testimony on the ground that its attorney, having taken ill suddenly, was un- able to be present at the hearing; that an attorney was necessary for the efficient presentation of its evidence; 7 and that a few more days would have enabled it to procure additional formal evidence of membership. In this connection it must be pointed out that on January 25, 1939, the Industrial received notice of the Metal Trades Department's petition, and was told on January 30 by a Field Examiner of the Board that a hearing would probably be held. The motion for a continuance was withdrawn at the end of the hearing by the Industrial. The Association did not start to organize until after the filing of the petition in this proceeding. Its four organizers, E. P. Smith, W. G. Clarke, M. Clarke, and G. E. Davis, held two meetings, one on January 26 and the other on February 14, 1940, both attended solely by themselves. At one of these meetings Smith was elected president, and W. G. Clarke, secretary-treasurer. No steps were taken towards formal organization such as adoption of a constitu- tion, bylaws, or provision for payment of dues at either of these From Bath, Maine ; Port of New York ( six locals) ; New Orleans, Louisiana ; Jack- sonville , Florida ; Mobile , Alabama. 7 Leary claimed to possess evidence against the Company and the Metal Trades Depart- ment concerning unfair labor practices . He felt that some of it was pertinent to this hearing on representation. THE INGALLS SHIPBUILDING CORPORATION 795 meetings. The two officers testified that they were unable to state how many members the Association had because application cards or petitions had not yet been printed. They asserted, however, that they had 100 definite assurances of membership, and requested a continuance of the hearing in order to procure proof of member- ship. It is plain that the Association merely sought time . within which to organize the Company's employees. At the end of the hearing the Association withdrew its motion for continuance. We find that an election is necessary in order to determine the question of representation. Since neither the Industrial nor the Association showed that it had been authorized to represent a sub- stantial number of employees in the appropriate unit, we shall exclude them from the ballot.8 At the hearing a list of employees as of the pay-roll period ending February 11, 1940, was introduced in evidence. The Metal Trades Department objected to the adoption of any future pay-roll date to determine eligibility to participate in an election,on the ground that the Company could "load up" the yard with men unfriendly to it. In view of the fact that employment at the plant is increasing,9 we are of the opinion that the use of a current' pay roll will best effectuate the policies of the Act. We shall, accordingly, direct that all employees within the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, shall be eligible to participate in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Ingalls Shipbuilding Corporation, Pascagoula, Mississippi, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company, excluding managerial employees, supervisory employees, office clerks, instructors in the welding school or other craft schools that may 8Matter of Southern California Gas Company and Utility Workers Organizing Com- mittee, Local No. 153, 10 N . L R. B. 1123; Matter of Federal Shtipbu,lding and Dry Dock Company and Industrial Union of Marine and Shipbuilding Workers of America, Local No. 16, 19 N. L. R. B. 313. 8 On the November 5, 1939, pay roll the Company counted 508 employees ; December 3, 530; December 31, 632; January 28 , 1940, 717; February 11, 771. 796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 'be established by the Company, watchmen or policemen who are deputized, commissioned, or appointed by the City of Pascagoula or other public authority, instrument men, inspectors, office porters, cost-department clerks, and checkers constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended , it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with The Ingalls Shipbuilding Corporation, Pascagoula, Mississippi, 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 of Election under the direction and supervision of the Regional Di- rector for the Fifteenth Region, acting in the matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the production and maintenance employees of The Ingalls Shipbuilding Corporation, Pascagoula, Mississippi, employed during the pay-roll period im- mediately preceding the date of this Direction of Election, including those employees, who did not work during such pay-roll period be- cause they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding managerial employees, supervisory employees, office clerks, instructors in the welding school or other craft schools that may be established by the Company, watchmen or policemen who are deputized, commis- sioned, or appointed by the City of Pascagoula or other public authority, instrument men, inspectors, office porters, cost-department clerks, and checkers, and any employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the Metal Trades Department, affiliated with the American Federation of Labor, for the purposes of collective bargaining.