Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Apr 13, 1945

61 N.L.R.B. 526 (N.L.R.B. 1945)

In the Matter of BETHLEHEM STEEL COMPANY ( SHIPBUILDING DIvI-
SION ) and INTERNATIONAL FEDERATION oI ARCIIITEOrS , ENGINEERS,
CHEMISTS , AND TECHNICIANS, CHAPTER 205, CIO
Case No. 21-R--22529.-Decided April 13,1945
O'Melveny d Myers,, by Homer I. Mitchell, of Los Angeles, Calif.,
for the Company.
Mr. Sanford Goldner, of Los Angeles, Calif., for the Union.
Mr. Pawl Bisgyer, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by International Federation of Archi-
tects, Engineers, Chemists, and Technicians, Chapter 205, CIO, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Bethlehem Steel
Company (Shipbuilding Division), Terminal Island, San Pedro, Cali-
fornia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
George H. O'Brien, Trial Examiner. Said hearing was held at Los
Angeles, California, on February 5, 1945. The Company and the
Union appeared and participated. All parties 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. All parties were afforded an opportunity to file briefs
with the Board. At the hearing the Company moved to dismiss the
petition herein on the ground that the proposed unit was inappropri-
ate. The motion was referred to the Board. For reasons hereinafter
appearing, the motion is hereby granted.
Upori the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bethlehem Steel Company is a Pennsylvania corporation having
offices for its Shipbuilding Division in New York City. At its ship-
61 N. L. R B., No. 71.
526
BETHLEHEM STEEL COMPANY 527
yard at Terminal Island, San Pedro, California, with which we are
solely concerned, the Company's Shipbuilding Division is engaged in
the construction, repair, alteration, and conversion of ships. During
1944, materials used in its operations at said shipyard exceeded $1,000,-
000 in value, of which more than 90 percent was obtained from sources
outside the State of California. During the same period, the value of
the work performed in said shipyard exceeded $1,000,000, of which
more than 90 percent related to work performed on ships destined for
use in interstate and foreign commerce or for the United States Gov-
ernment.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Federation of Architects, Engineers, Chemists, and
Technicians, Chapter 205, affiliated with the Congress of Industrial
Organizations, is a labor organization admitting to membership em-
ployees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Union petitions for a unit of all non-supervisory employees
in Department 22 at the Company's San Pedro yard. Included there-
in are order leadingmen, order clerks, draftsmen, tracers, learners,
typists, stenographers, clerks, file clerks, a secretary and 2 engineers.
The Company contends that the proposed unit is inappropriate for
collective bargaining purposes.
For the performance of its functions, Department 22 is divided into
an order section, and a drafting section, each under an engineer re-
sponsible to the chief draftsman. The order section requisitions for
construction of new vessels materials listed on blueprints received
from the naval architect. The drafting section is concerned with
making minor corrections and alterations on blueprints which become
necessary during the course of construction. There are approximately
49 employees in Department 22 engaged in different types of work.
Order leadingmen and order clerks formulate the orders for materials;
draftsmen perform the technical work of correcting and altering blue-
prints ; and the remaining employees are engaged in miscellaneous
clerical duties.
Employed in other departments of the San Pedro yards are personE
whom the Union would exclude although they perform comparable
work and, apparently, are not represented by any labor organization.,.
1 Production and maintenance employees are presently represented by Industrial Union
of Marine and Shipbuilding Workers of America, and Local 9 thereof.
528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In the old warehouse, which is part of the Stores Department, are 3
order clerks whose functions are practically identical with those of
order clerks in Department 22, except that they order material for
vessels undergoing repairs. The Maintgnance Department employs
3 draftsmen who make blueprints, plans and designs pertaining to
plant facilities and equipment. In addition, there are approximately
287 clerical employees in other departments.'
Thus, the record indicates that, while the Union would group certain
technical and clerical employees in one unit, it would exclude a large
number of employees who do similar work and have the same interests.
Accordingly, we find that the proposed unit is inappropriate for the
purposes of collective bargaining.'
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as we have held in Section III, above, the bargaining unit
sought by the Union is inappropriate for the purposes of collective
bargaining, we find that no question affecting commerce has arisen
concerning the representation of employees of the Company within
the meaning of Section. 9 (c) of the National Labor Relations Act.
We shall, therefore, dismiss the petition.
ORDER
Upon the basis of the above findings of fact, and the entire record
in the case, the National Labor Relations Board hereby orders that
the petition for an investigation and certification of representatives
of employees of Bethlehem Steel Company (Shipbuilding Division),
Terminal Island, San Pedro, California; filed by International Fed-
eration of Architects, Engineers, Chemists, and Technicians, Chapter
205, CIO, be, and it hereby is dismissed.
CHAIRMAN MILLIS took no part in the consideration, of the above
Decision and Order.
2 The record indicates that there are 211 clerks in both production and non-production
departments , 36 stenographers , 10 secretaries , and 30 typists
3 See Matter of California Shipbuilding Corp ., 57 N. L. R B. 1791, and Matter of Triangle
Publications, Inc., 40 N. L. R. B. 1330.