Florida Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Mar 7, 1945

60 N.L.R.B. 1126 (N.L.R.B. 1945)

In the Matter of FLORIDA SHIPBUILDING CORPORATION and INDUS-
TRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA,
C..I.O.
Case No. 10-R-1379.-Decided March 7, 19.15
Charles D. Mercer, of Rochester, N. Y., by Mr. Joe W. Hudgins, of
Miami Beach, Fla., for the Company.
Mr. Charles N. Smoliko ff, of Miami, Fla., for the Union.
Mr. Louis Cokirt, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Industrial Union of Marine and Ship-
building Workers of America, C. I. 0., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Florida Shipbuilding Corporation,
' Ojus, Florida, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before George S. Slyer, Trial Examiner. Said hearing was held at
,Miami, Florida, on February'13, 1945. The Company and the Union
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. During the course of the hearing, the Company
moved to dismiss the petition. The Trial Examiner reserved rulings
thereon. The motions are hereby denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Florida Shipbuilding Corporation is a Florida corporation with
its shipyard at Ojus, Florida, where it is engaged in building steel
ocean-going gasoline tankers for the United States Army Transporta-
60 N. L. R. B., No. 188.
1126
FLORIDA SHIPBUILDING CORPORATION 1127
tion Corps. The grounds, buildings, and equipment used by the Com-
pany at Ojus, Florida, are owned by Odenbach Holding Corporation
of Rochester, New York. During the 6-month period preceding the
date of the hearing, the Company used steel and machinery valued
in excess of $300,000, 30 percent of which was shipped to it from points
outside the State of Florida. During the same period the Company
had partly constructed five tankers valued at about $250,000 each,
which when completed, will be delivered to the United States Army
Transportation Corps at Ojus, Florida. The Company is a subcon-
tractor under a prime contract held by Lancaster Iron Works, Lan-
caster, Pennsylvania. The latter ships most of the raw materials
used by the Company to it and retains title to the raw materials until
they are assembled in the ships. The Company does not ship out any
of its finished products in interstate commerce and contends that it -
is not engaged in commerce within the meaning of the National Labor
Relations Act. We do not agree with this contention, and find that
the Company is engaged in commerce within the meaning of the Act.'
II. THE ORGANIZATION INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 1, 19445 the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company did not reply to this request.
Statements of a Field Examiner of the Board and the Trial Ex-
aminer, introduced into evidence at the hearing, indicate that the
Union represents a substantial number of employees in the unit here-
inafter found to be appropriate?
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
.
We find, in substantial agreement with a stipulation-of the parties,
that all employees at the Ojus, Florida, shipyard of the Company,
including leadmen, material clerks, and tool and stockroom attendants,
but excluding office and clerical employees, guards, timekeepers, nurses,
i See Matter of 0denbach- Shipbuilding Company, 47 N. L. R B. 1261.
Y The Field Examiner and the Tiial Examiner reported that the Union presented 181
membership application cards. There are approximately 536 employees in the appropriate
unit. We find, contrary to the contentions of the Company , that the Union has made a
subbtantial prima facie showing of representation.
1128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
company hotel employees, foremen, assistant foremen, and any'other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who-were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
At the time of the hearing approximately 180 employees had trans-
ferred from the shipyard of Odenbach Shipbuilding Corporation at
Rochester, New York, herein called Odenbach, to the Company's ship-
yard at Ojus, Florida, for the purpose of training new employees in
the special type of construction used by Odenbach and the Company.
These employees are carried on the pay roll of the Company and are
removed from the pay roll of Odenbach during such time. During
their transfer their personnel records and files are also transferred and
the Company stated at the hearing that while such persons are working
in Ojus they are "employees of the Company." It appears that the
employees from Odenbach are transferred for a period of 90 days or
longer as needed to complete the Company's present contract with
the United States Army and as the work progresses many of them will
be transferred back to Odenbach. It appears that' the status of these
employees while at the Company's Ojus plant is the same as that of
the other employees of the Company. Their interest in collective
bargaining and in the result of a Board election. is identical with that
of the employees generally. We find that the employees transferred
from the Odenbach plant have a substantial interest in the selection of
a bargaining representative by employees of the Company and are
therefore. eligible to vote.
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Florida Shipbuild-
ing Corporation, Ojus, Florida, an election by secret ballot shall be
FLORIDA SHIPBUILDING CORPORATION 1129
conducted as early as possible, but not later than sixty (60) 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 Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding any who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, to determine whether or
not they desire to be represented by Industrial Union of Marine and
Shipbuilding Workers of America, C. I. 0., for the purposes of collec-
tive bargaining.