Bethlehem Shipbuilding Corp., Ltd.

National Labor Relations Board - Board Decisions

Aug 18, 1941

34 N.L.R.B. 425 (N.L.R.B. 1941)

In the Matter of BETHLEHEM SHIPBUILDIN G CORPORATION , LIMITED and
INDUSTRIAL UNION OF MARINE AND SHIPBUILDIN G WORRIERS OF
AMERICA, LOCAL No. 5
Cases Nos. R-830 and C-906
SUPPLEMENTAL DECISION
AND
AMENDMENT TO DIRECTION OF ELECTION
August 18, 1941
On February 10, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Election
in the above-entitled proceeding,' directing, inter a'lia, that an election
be held at such time as the Board might in the future direct. On
June 10, 1941, Bethlehem Shipbuilding Corporation, Limited, herein
called the Company, and Industrial Union of Marine and Shipbuild-
ing Workers of America, herein called the Industrial, entered into a
Memorandum of Understandings providing that the Industrial should
file a motion with the Board for an election to be conducted on August
11, 1941, and providing that the Industrial should do everything
within its power to induce the Board to withdraw contempt proceed-
ings which were pending against the Company in the United States
Circuit Court of Appeals for the First Circuit. The Memorandum
further provided that the Industrial should have the right to contend
and establish that Independent Union of Fore River Workers, herein
called the Independent, is the successor to the company-dominated
union ordered disestablished by the Board on February 10, 1939. On
June 10, 1941, the Industrial filed a motion with the Board requesting
that an election be held on August 11, 1941, pursuant to the Decision
and Direction of Election of February 10, 1939. On June 11, 1941,
the Board issued an Order Reopening the Record and Directing
Further Hearing in this proceeding for the purpose of receiving
evidence relevant to the issue of whether or not the Independent is
the same organization as, or a successor to, the organization ordered
disestablished by the Board on February 10, 1939. On the same date
' 11 N. L. R. B. 105.
34 N. L. R. B., No. 62
425
426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Board issued a notice of hearing, copies of which were duly served
upon the Company, the Industrial, and the Independent. Pursuant
to notice, a hearing was held on June 19, 20, and 26, 1941, at Boston,
Massachusetts, before James C. Paradise, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the In-
dustrial, and the Independent were represented by counsel and par-
ticipated in the hearing. As stated above, the hearing was scheduled
mainly for the purpose of determining whether the Independent is
a successor organization to the company-dominated union ordered
disestablished by the Board. At the commencement of the hearing,
counsel for the Independent stated that the Independent did not wish
to participate in this proceeding or appear on the ballot in any election
directed by the Board. The issue of successorship was not litigated.
During the course of the hearing, counsel for the Industrial filed
a motion to amend its motion to set a date for the holding of an
election, requesting that the election be conducted on October 22, 1941.
The Trial Examiner granted the motion to amend the original motion.
At the hearing, counsel for the Company did not object or assent to
this motion. On August 12, 1941, counsel for the Company notified
the Board by letter, which is hereby made a part of the record, that
the Company assented to the motion of the Industrial, as amended.
The motion, as amended, is hereby granted. We shall direct that the
election be conducted on October 22, 1941. Subsequent to the hearing,
on July 19, 1941, Local No. 5 of the Industrial filed a motion with
the Board asking for the postponement of the holding of any election
in this proceeding and requesting that the Board proceed with con-
tempt proceedings against the Company. The motion is hereby
denied.
The Industrial requests that a pay roll for a period during the
month of June 1941 be used to determine eligibility to vote in the
election. It appears that the Company, because of an expansion of
its production program, is constantly increasing its personnel. We
shall direct that the pay roll for the last pay-roll period in September
1941 be used to determine eligibility to vote, subject to such limitations
and additions as are set forth in our Direction hereinafter.
IT IS HEREBY ORDERED that the Direction of Election issued on Febru-
ary 10, 1939, be amended by striking therefrom the words "at such
time as the Board shall hereafter direct" and substituting therefor the
words "on October 22, 1941," and by striking therefrom the words
"within a period to be determined by the Board hereafter" and substi-
tuting therefor the words "who were employed during the last pay-roll
period in September 1941, including employees who did not work
during such pay-roll period because they were ill or on vacation or in
BETHLEHEM SHIPBUILDING CORPOtA(PION, LIMITED 427
the active military service or training of the United States, or
temporarily laid off," and by inserting after the words "and those
classifications listed in Appendix A," the words "and those who have
since quit or been discharged for cause."
MR. EDWIN S. SMITH took no part in the consideration of the above •
Supplemental Decision and Amendment to Direction of Election.