The Ingalls Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Aug 4, 1941

33 N.L.R.B. 1060 (N.L.R.B. 1941)

In the Matter of THE INGALLS SHIPBUILDING CORPORATION and INTER-
NATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS,
WELDERS AND HELPERS OF AMERICA
Case No. R-0802.-Decided August 4, 1941
Jurisdiction : shipbuilding industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until it is certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees in the Company 's Decatur yards, excluding all policemen , all watch-
men, supervisory and clerical employees ; stipulation as to.
Mr. D. W. Strickland, of Birmingham , Ala., for the Company.
Mr. C. L. Riley, of Decatur, Ala., for the Union.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On,July 17, 1941, International Brotherhood of Boilermakers, Iron
Shipbuilders, Welders and Helpers of America, herein called the
Union, filed with the Regional Director for the Tenth Region (At-
lanta, Georgia) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of The Ingalls
Shipbuilding Corporation, Decatur, Alabama, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On June 19, 1941, 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, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On July 21, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on July 26, 1941, at Decatur,
33 N. L. R. B., No. 184.
1060
THE INGALLS SHIPBUILDLNG CORPORATION 1061
Alabama, before Earl K. Shawe, the Trial Examiner duly designated
by the Acting Chief Trial Examiner. , The Company was represented
by counsel and the Union by its representative. Both parties par-
ticipated in the hearing. Full opportunity to be heard, to examine
.and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and on objections
to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were coln-
lnitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
The Ingalls Shipbuilding Corporation is a Delaware corporation,
having its general office at Birmingham, Alabama, and shipyards at
Pascagoula, Mississippi, and Decatur, Alabama.' It is engaged in the
construction of ships, tankers, tow boats, barges, pontoons, and general
floating equipment. Only the Decatur, shipyard is involved in this
proceeding. During the calendar year 1940 the Company's Decatur
shipyards constructed approximately 20 ships weighing in the neigh-
borhood of 2500 tons. These ships, valued in excess of $200,000, were
constructed generally for private operators to transport oil and gaso-
line in interstate commerce. The Coihpany is also presently engaged
in the construction of ships for the Venezuelan government.
The Company did not contest the jurisdiction of the Board.
II. TIIE ORGANIZATION INVOLVED
International Brotherhood of Boilermakers, Iron Shipbuilders,
Welders and Helpers of America is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter to the Company dated March 29, 1941, the Union stated
that it represented a majority of the employees at the Decatur ship-
1 Previously we have had occasion to examine the extent of the operations of the Com-
pany, and its patent company , The Ingalls Iron Works Company, Inc Matter of The
Ingalls Shipbuilding Corporation and Metal Trades Department, affiliated with the
A P of L, 21 N' L R. B 789; Matter of The Ingalls Iron WOIks Company, Inc,
Bermingham Tank Company , Division of, and International Association of Budge, Struc-
tural and Ornamental Iron Wo, kers, Shopmen's Local #j39, 25 N L R B 1306;
and Matter of The Ingalls Iron Works Company, Southside Plant and International Asso-
emetaon of Bridge, Structural and Ornamental Iron Workers, Shopmen 's Local #539,
29 N. L . R B. 156.
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
yard and requested recognition as the bargaining agent, The Com-
pany replied, by letter dated April 4, 1941, that the Union's letter
would be brought to the attention of the Company's president upon
his return to Birmingham. During subsequent conferences the Com-
pany stated that it would not extend recognition to the Union until
it had been certified by the Board following formal proceedings.
A statement of the Trial Examiner shows that the Union represents
a substantial number of employees in the unit. alleged by it to be
appropriate.2
We find that a question has arisen concerning the 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
The parties stipulated, and we find, that all production and mainte-
nance employees at the Company's Decatur shipyards, excluding all;
policemen, all watchmen, supervisory and clerical employees, consti-
tute a unit 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 DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be 'resolved by an election by secret ballot. The Union,
and the Company agreed that eligibility to vote should be established_
by the Company's pay roll of July 20, 1941. We shall direct that
the employees of the Company eligible to vote in the election shall'
be those in the appropriate unit on the Company's pay roll of July
20, 1941, subject to such limitations and additions as are set forth in.
the Direction hereinafter.
2 The Trial Examiner reported that the Union submitted 106 membership cards dated'
between March 15, 1941 , and July 23 , 1941, all bearing apparently genuine, original'
signatures . Of the 106 cards, the Trial Examiner reported that 85 bore the names of
persons listed on the Company 's pay roll of July 20, 1941. He reported further that the-
Company's pay roll of July 20, 1941 , contained the names of 137 employees , 126 of which,
are names of employees within the alleged appropriate unit.
THE PNGALL8 SHIPBUILDING CORPORATION 1063
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, De-
catur, Alabama, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees in the Company's
Decatur yards, excluding all policemen, all watchmen, supervisory
and clerical employees 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 aiid pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 the purposes of collective bargaining
with The Ingalls Shipbuilding 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 Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance, employees at the
Company's Decatur, Alabama, shipyards whose names appear on the
Company's pay roll of July 20, 1941, including employees who did not
work during said pay-roll period, because they were ill or on vacation
or in, the active military service or training of the United States, or
temporarily laid oft, but excluding all policemen, all watchmen, super-
visory and clerical employees, and employees who have since quit or
been discharged for cause, to determine whether or not they desire
to be represented by International Brotherhood of Boilermakers, Iron
Shipbuilders, Welders and Helpers of America for the purposes of
collective bargaining.
CHAIRMAN HARRY A. MILLIS took no part in the consideration o f the
above Decision and Direction of Election.