Gibbs Gas Engine Co.

National Labor Relations Board - Board Decisions

Jul 10, 1942

42 N.L.R.B. 272 (N.L.R.B. 1942)

In the Matter `of GIBBS GAs ENGINE COMPANY and INT'L BROTHER-
HOOD OF BOILERMAKERS, IRON-SHIPBUILDERS, WELDERS cC HELPERS OF
AMERICA; LOCAL # 199 -
In the Matter of GIBBS GAS ENGINE COMPANY and LODGE;'#731,
INTERNATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH
A. F OF L.
In the Matter -of; GIBBS GAS ENGINE COMPANY and SHIP WORKERS
ASSOCIATION SOUTH,JACKSONVILLE CHAPTER No 1
In the Matter''of GIBBS GAS` ENGINE COMPANY and LOCAL #435,
SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFFILIATED
WITH-THE AMERICAN FEDERATION OF LABOR
In the Matter of GIBBS GAS ENGINE COMPANY and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS, DROP FORGERS, AND HELPERS
In the Matter of GIBBS GAS ENGINE COMPANY and UNITED BROTHER-
HOOD OF CARPENTERS L'' JOINERS OF AMERICA, SHIP CARPENTERS
LOCAL 2090
In the Matter of GIBBS GAS ENGINE COMPANY and BROTHERHOOD OF
PAINTERS, DECORATORS AND PAPER HANGERS OF AMERICA, LOCAL
UNION No 164
Cases Nos R-3898 to R-3904, inclusive, respectively -Decided July
10, 1942
Juiisdiction : boat repair and construction industry
Investigation and Certification of Representatives : existence of question re-
fusal of Company to deal with rival, organizations until certified by the Board;
craft unions affiliated with same parent oiganization which sought respective
craft units, permitted to paiticipate in election for employees in industrial
unit found appropriate if they wish to be iepiesented theiem by a cooidinat-
ing baiganung representative, election necessiiy
Unit Appropriate for Collective Bargaining : in absence of change in circum-
stances pi ioi determination of unit conclusive, all emplo3 ees, including leaders
and watchmen but excluding supervisory and clerical employees held appro-
pniate -
Mr Alexander E. Wilson, Jr, and Mr. Ralph L. Wiggins, for the
Board
Mr. John W Donahoo and Mr William W Gibbs, of Jacksonville,
Fla, for the Company
Mr T M Tallis, of Jacksonville, Fla, for the Boilermakers.
42NLRB,No65
272
GIBBS GAS ENGINE COMPANY 273
Mr Daniel L Millan, of Jacksonville , Fla, for the Machinists
Mr Rhydon C. Latham , of Jacksonville , Fla, for the Ship
Workers
Mr Carl C. Gardner , of Jacksonville , Fla , for the Sheet Metal
Workers , -
"Mr J N Brown, of Jacksonville , Fla , for the Blacksmiths.
Mr. Van Pittman , of Jacksonville , Fla-, for the Ship Carpenters.
Mr D. W . Sharpe, of Jacksonville , Fla, for the Painters.
Mrs Augusta Spauldmg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION.
STATEMENT OF THE CASE
Upon petitions duly filed by Int'l Brotherhood of Boilermakers,
Iron Shipbuilders, Welders & Helpers of America, Local #199,
herein called the Boilermakers, by Lodge #731, International Associ-
ation of Machinists, herein called the Machinists, by Ship Workers
Association South Jacksonville Chapter No 1, herein called the
Ship Workers, by Local #435, Sheet Metal Workers International
,Association, herein called the Sheet Metal Workers, by International
Brotherhood of Blacksmiths, Drop Foigers, and, Helpers, herein
called the Blacksmiths, by United Brotherhood of Carpenters &
Joiners of America, Ship Carpenters Local 2090, herein called the
Shil Carpenters, and by Brotherhood of Painters, Decorators and
Paper Hangers of America, Local Union No. 164, herein called the
Painters' each alleging that a question affecting commerce had arisen
concerning the representation of employees of Gibbs Gas Engine
Company, Jacksonville, Florida, herein called the Company, the
National Labor Relations Boaid provided for an appropriate con-
-solidated hearing upon due notice befoie Charles E Persons, Trial
Examiner Said heating was held at Jacksonville, Floiida, on May
25 and 26, 1942 The Board, the Company, the Boilermakers, the
Machinists, the Ship Workers, the Sheet Metal Workers,'the Black-
smiths, the Ship Carpenters, and the Painters appeared and partiwi-
pated' All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affiimed. _
Upon the entire record in the case, the Board makes the following:
IIndustrial Union of Marine & Shipbuilding Workers of America, affiliated with the
Congress of Industrial Organizations , although served with notice, did not appear
472814-42-vol 42-18
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Gibbs Gas Engine Company is engaged in the construction and
repair of small boats at its shipyards in Jacksonville, Florida ' At
the present time, the construction and conversion of boats for use
by the United States Government,constitutes approximately 95 per-
cent of its business 'During the year 1941 the Company, pui chased
-raw materials, consisting -of steel, lumbei, and hardware, approxi-
mately 60 percent of which was brought to the shipyaid from points
outside Florida During the same peiiod the Company's gross re-
ceipts were in excess of $200,000 The Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act
II THE ORGANIZATIONS INVOLVED
Int'l Brotheihood of Boileimakers, lion Shipbiuldeis. Weldeis &
Helpers of America, Local #199, Lodge # 731, Inteinational Asso-
ciation of Macliiists, Local k423, Sheet Metal Woikeis Inter-
national Association, International Brotherhood of Blacksmiths,
Drop Forgers, and Helpers, United Brotherhood of Carpenters &
Joiners of America, Ship Carpenters Local 2090, and Brotherhood
'of Painters, Decorators and Paper Hangers of America, Local Union
No 164; are/ labor of ganizatron5 affiliated with the American , Fed-
eration of Labor, admitting to inembeislip employees of the
Company. - -
Ship Workers Association South Jacksonville Chapter No 1 is
an unaffiliated labor organization, admitting to niembei ship employees
,of the-Company
III '111E QUESTION CONCERNING REI'RESENIATION
Upon petition duly filed by Jacksonville Metal Trades Council,
an oiganization composed of local lodges affiliated N nth the American
Federation of Labor, herein called the Council, the Board on August
5, 1941, directed an election among employees at the Company's
shipyard -' On September 15, 1941, since no collective bargaining
representative had been selected by mayor i ty of such employees in
the election, the Board dismissed the petition filed by the Council,
noted above 3 After the election, employees at the Company's ship-
2 Matter of Gibbs Gas Engine Company and Jacksonw1le Metal Trades Council , affiliated
with the Amerman Federation of Labor, 33 N L R B 1110
335NLRB433
GIBBS GAS ENGINE COMPANY 275
yard formed the Ship Workers, an unaffiliated organization; one of
the petitioners in this proceeding - -
In January 1942, the Ship Workers asked the Company for recog-
nition as exclusive bargaining agent of the Company's employees.
The Company and the Ship Workers carried on some negotiations
with respect to a contiact In March 1942 the Boilermakers asked
the Company to bargain for craft employees eligible to its member-
ship The Company questioned its majority among them. -The
Boilermakers ^ then filed its petition in this proceeding While its
petition was pending, the organizer r of" the iBoilermakers conducted
in informal election at the Company's plant among-employees in its
craft, announced a majority vote in favor of,,the Boilermakers, and
tendered a closed-shop contract to the Company The Company re-
jected the proposed contiact and tendered a "members only"
counterproposal - ,
In April 1942 the Machinists also asked for a bargaining contract,
claiming to repiesent a majority of employees within its craft In
view of the conflicting claims of these organizations, the Company
then refused to take any further steps in the matter of bargaining
with any labor organization until it should be certified by the Board
The Machinists, thereupon, filed its petition herein,
On May 23, 1942, the Sheet MetalWorkers asked the Company to
baigain for employees in its craft and filed its petition in this pro-
ceeding , The Company did not answer this letter ' On the day of
the i eaiing, because the Ship Woikers was claiming to include in its
proposed unit employees who were members of the Blacksmiths, the
Ship Carpenteis, and the Painteis, each of these craft unions, claim-
ing to represent a majority of employees in its iespective ciaft, like-
wise filed its separate petition for investigation and certification
lieiein' `
A statement prepared by a Field Examiner and introduced into
evidence at the hearing discloses that the Ship Workers represents a
substantial numbei of employees in the appropriate unit 4
4The Boilermakeis submitted to the Field Examiner an affidavit listing 107 names pur-
poitmg to be members of the Boilermakers within the unit proposed by_it Of these 107
names 97 are names of persons on the Company s pay roll, of March 24, 1942 Theie
are 161 employees in its proposed unit -
The Machinists submitted to the Field Examiner 32 authorization cards, which a p^ar
to -bear genuine signatures of employees on the Company s pay roll of March 24, 1942
There are 49 employees in its pioposed unit All such cards were dated in Apill 1942
The Sheet Metal lT orkeis submitted to the Board's attorney 19 cards, 12 of which
bear apparently genuine signatures of employees on the pay roll of March 25, 1942
All these cards were dated May 10 and 15, 1942 There are about 20 employees in its
propo,cd unit
The Blacksmiths submitted to the Board 's attorney 12 cards, 9 of which bear aprar-
entii genuine signatures and names similar to those on the March 25, 1942, pay roll A I
276 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
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
The Ship Workers contends that all employees of the Company,
includmg_leaders, but excluding clerical employees and'foremen and
other supervisory employees, constitute an appropriate unit
The six petitioning craft unions affiliated with the American Fed-
eration of -Labor, herein called collectively the Affiliates, severally
contend that all employees eligible to membership, in each craft
union 5 constitute respectively a separate' bargaining unit 6
In the prior- representation proceeding cited iii footnote 2 above,
the Council and the Company agreed, and the Boaid found, that the
appropriate bargaining unit included all employees at the Com-
pany's, shipyard, including leaders and watchmen,- but -excluding
supervisory and clerical employees ,= There has been no material
-chang&,in the physical structure of the shipyard or in the working
conditions of the employees therein since this unit was found by the
Board to be appropriate. Although the Company has somewhat
extended its -activities, it has proportionately increased the number
of its employees in the several departments of the yard -
Footnote '-Continued
cards are dated between May 15 and May 28, 1942 Theie are 19 employees in its
proposed unit
The Ship Carpenters submitted to the Board 's attorney 277 cards , 233 of which bear
apparently genuine signatures of employees on the March 25 , 1942 , pay roll All caids
are dated in 1942 There are about 450 employees in its proposed unit
The Painters submitted to the Board's attorney 34 cards , 31 of which bear apparently
genuine signatures of employees on the pay roll of March 25, 1942 All cards were dated
May 15, 1942 Thete are about 60 employees in its proposed unit ,
The Ship Workers submitted to the Field Examiner 590 application cards, 477 of
which bear apparently genuine signatures of employees in the appropriate unit
At the hearing the Ship Workers tendered to the Board's attorney 102 additional
cards, but these cards were not checked Accoiding to evidence received at the hearing,
the Ship Workers has a present membership of 700 employees of the Company and
represents employees in each of the several crafts repiesented at the shipyard , including
electricians and pipe fitters
There are 1 ,073 employees in the appropriate unit
6 It is to be noted , however , that the Boilermakers and the Ship Carpenters each pro-
poses to include within its craft unit part of the pattern makers , thus splitting a group
of employees who constitute a well=defined separate craft customarily repiesented by
another affiliate of the American Federation of Labor See footnote 6, infra
6 The Boilermakers contends that the metal pattein makers, welders, anglesmiths , boiler-
makers, burners , bar furnacemen , plate furnacemen , cold pressmen , loftsmen, layer-out,
planes opeiators , riveters , rivet testeis , ch,ppers , caulkers , roll operatoi , riggers,
sbipfitters tank testers , joggler operators , punch and shear operators, holder-on, rivet
heaters , slab helpers , bolter -up and helpers , leading men , reamers, erectors , grinders,
drillers, laborers , and janitois constitute an appropriate unit The Machinists contends
that machinists , helpers, and apprentices constitute an appropriate unit The Sheet
Metal Workers contends that sheet metal workers , apprentices and helpers constitute an
appropriate unit The Blacksmiths contends that blacksmiths , drop forgers , and helpers
constitute an appropriate unit The Ship Carpenters contends that carpenters joiners,
wood pattern makers, loftsmen , and apprentices constitute an appropriate unit The
Painters contends that all painters and their apprentices constitute an appropriate unit
GIBBS GAS ENGINE COMPANY 277
The Council, of which some of the 'Affiliates are members, organ-
ized the Company's employees on an industrial basis and sought to
represent them in a plant-wide unit. Members of all the Affiliates
participated in the plant-wide election conducted by the Board in
the fall of 1941 When the Council failed to win the election, the
Company's employees formed the Ship Workers, which, as a peti-
tioner in this pioceeding, seeks certification as bargaining agent in
the same plant unit Under these circumstances, we find no reason
to alter the unit found appropriate in the prior representation pro-
ceeding 7
We find that all employees of the Company, including leaders and
watchmen, but -excluding supervisory and clerical employees, consti-
tute 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 find that the question which has arisen concerning the repre-
sentation of the Company's employees can best be resolved by an elec-
tion by secret ballot.
The Affiliates repudiated at the hearing the suggestion of the Trial
Examiner that- the American Federation of Labor, the union with
which they are all affiliated, act as coordinator of their interests and
seek to qualify as baigannng agent for all employees in the plant
unit The American Federation of Labor has frequently appeared
before the,Board as petitioner on behalf of employees in an industrial
unit and, as bargaining agent for such employees, has protected their
rights as members of affiliated craft unions s
Since it clearly appears that the Affiliates together represent a
substantial number of employees in the plant unit herein found
appropriate and that the American Federation of Labor, with which
they are affiliated, could function as coordinating bargaining repre-
sentative of all such employees, we shall provide that the Council
or the American Federation of Labor may appear upon the ballot
if the Affiliates give notice to the Regional Director within five (5)
days of the date of the issuance of our Direction of Election that they
desire to participate in the election through either agency.
Those eligible to vote in the election shall be all employees of the
Company within the appropriate unit who were employed during the
'Matter of The Post -Standard Company and Syiaeiise Mailers Union , Local No 73,
39 N L R B 1313 , and cases cited therein t
8 Cf Matter of Wolf , heim f Sachs, Inc and American Federation of Labor, 42 N L R 13,
232 , Matter of St Louis Steel Products Company and American Federation of Labor
and its Affiliated Intonational Unions, 41 N L R B 1261 , and Matter of A E Staley
Manufacturing Company and United Grain Processors Union, Local 21400, affiliated with
the A F of L , 31 N L R B 946 , ad cases cited therein
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pay-roll period immediately pi eceding the date of this Direction-of
Election, subject to the limitations and additions set forth therein
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Boaid by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Aiticle TIT, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Gibbs Gas En-
gine Company, Jacksonville, Florida, an election by seciet ballot shall
be conducted as early as possible but not later than thnty (30) days
fiom the date of this Direction, under the direction and supervision
of the Regional Director for the Tenth Region, acting ni this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and Regulations, among all
employees of the Company within the unit found appropriate in Sec-
tion IV above, who were employed during the pay-roll period im-
mediately pieceding the date of this Diiection, including employees
who did not work during said pay-roll peiiod because they were ill'
or on vacation of in the active militaiy service of training of the
United States, or temporarily laid off, but excluding employees who
have since quit of been discharged foi cause, to determine whether
or not they desire to be i epresented by Ship Woi kei s Association
South Jacksonville Chapter No 1, foi the puiposes of collective
bai gaining
In the Mattel of GIBBS GAS ENGINE COMPANY and INTEL BROTHERHOOD-
OF BOILERMAKERS , ILON SHIPBUILDERS , WELDERS & HELPERS OF
AMERICA, LOCAL #199
In the Mattel of GIBBS G ^s ENGINE COMPANY and LODGE #731, INTER-
NATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH A F OF L
In the Matter of GIBPs GAS ENGINE COMPANY and SHIP WORKERS
ASSOCIATION SOUTH JACKSONVILLE CHAPTER No 1
In the Mattel of GIBBS GAS ENGINE COMPANY and LOCAL # 435, SHEET
METAL WORKERS INTERNATIONAL ASSOCIATION , AFFILIATED WITH THE
AMERICAN FEDFRATION OF L 1BOR
In the MATTER OF GIBBS GAS ENGINE COMPANY,and INTERNA'IION\L
BROTIIERHOD OF BLACKSMITHS , DROP FORGERS , AND HELPERS
In the Mattel of Gin1,s GAS ENGINE COMPANY and UNITED BROTHER-
HOOD Or CARPENTERS & JOI\ FRS' or A31FRICA, SIIi ' CARPLNTERS
LOCAL 2090
In the Mattel of GIBBS G 1s ENGINE COMPANY and BROTHERHOOD OF
PAINTERS , DECORATORS AND P 'PER HANGEi S OF AMERICA, LOC 1L
UNION No 164
Cases Nos R-3898 to R-3901t, ,nclnslve, respectively
AMENDMENT TO DIRECTION OF ELECTION
July 21, 19/2
On July 10, 1942, the National Labor Relations Board issued a Deci-
sion and Diiectlon of Election 1 in this proceeding, chlectmng that an
election be held among employees of Gibbs Gas Engine Company,
Jacksonville; Floiida, to determine whether or not they deslled to be
represented for the purposes of collective bargaining by Ship Work-
ers Association South Jacksonville Chapter No 1, herem called the
Ship Workei s, a petitionei in this pi oceeding
International Brotherhood of Boilermakers, Iron Shipbuildeis,
Weldeis & Helpers of America, Local #199, Lodge #731, Interna-
tional Association of Machinists, Local #435, Sheet Metal Workers
international Association,-Inteinational Brotherhood of Blacksmiths,
Drop Foigeis, and Helpers, United Brotherhood of Carpenters &
1 42 N L R B, No 65
42NLRB272
279
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Joiners of America, Ship Carpenters Local 2090; and Brotherhood
of Painters, Decorators and Paper Hangers of America, Local Union
No. 164, all of which are affiliated with the American Federation of
Labor, herein called the Affiliates, are also petitioners herein In its
Decision the Board provided that the American Federation of Labor
or Jacksonville Metal Trades Council , an organization of local unions
affiliated with the American Federation of Labor, might appear upon
the ballot if the Affiliates gave notice to the Regional Director within
5 days of the date of issuance of the Direction of Election that they
desired to participate in the election through either agency The
Regional Director has advised the Board that the Affiliates desire to
participate in the election through the American Federation of Labor.
We shall, accordingly, amend the Direction of Election to permit their
participation
The Board hereby amends the Direction of Election issued on July
10, 1942, by striking out the words "to determine whether or not they
desire to be represented by Ship Workers Association South Jackson-
ville Chapter No. 1, for the purposes of collective bargaining" and by
substituting therefor the words "to determine whether they desire to
be represented by Ship Workers Association South Jacksonville Chap-
ter No 1, or by the American Federation of Labor, for the purposes
of collective bargaining , or by neither "
MR GERARD D. REILLY took no part in the consideration of the
above Amendment to Direction of Election.