Great Lakes Engineering Works

National Labor Relations Board - Board Decisions

Apr 30, 1941

31 N.L.R.B. 520 (N.L.R.B. 1941)

In the Matter of GREAT LAKES ENGINEERING WORKS and TUG FIRE-
MEN, LINEMEN AND OILERS PROTECTIVE ASSOCIATION OF AMERICA,
AFFILIATED WITH THE INTERNATIONAL LONGSHOREMEN ASSOCIATION
AND THE' AMERICAN FEDERATION OF LABOR
Case No. R4451.-Decided April 30, 1941
Jurisdiction : shipbuilding and ship repairing industry.
Practice and Procedure : petition dismissed where no appropriate unit within
the scope of the petition.
Mr. Russel C. Lakin and Mr. Frank Le Feuvre, of River Rouge,
Mich., for the Company.
Mr.'August E. Lundquist, of Detroit, Mich., for the Tug Firemen.
Mr. Alex ZVrobleski, of Wyandotte, Mich., and Mr. Henry P.
Laskowske, of River Rouge, Mich., for the D. S. A.
Mr. David H. Karasick, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On February 5, 1941, Tug Firemen, Linemen and Oilers Protective
Association of America, affiliated with the International Longshore-
men Association and the American Federation of Labor, herein"
called the Tug Firemen, filed with the Regional Director for the
Seventh Region (Detroit, Michigan) a petition, and on February
10, 1941, an amended petition, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Great
Lakes Engineering Works, River Rouge, Michigan, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On March 17, 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, ordered an investigation and directed the Regional Direc-
tor to conduct it and to provide for an appropriate hearing- upon
due notice.
31 N L R. B., No. 82.
520
GREAT LAKES ENGINEERING WORKS 521
On March 21, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Tug
Firemen, and the Downriver Shipbuilders' Association, herein called
D. S. A., a labor organization claiming to represent employees directly
affected by the investigation., Pursuant to the notice, a hearing was
held on April 1,"1941, at Detroit, Michigan, before Earl R. Cross,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company, the Tug Firemen, and the D. S. A. appeared by their
respective representatives and participated in the hearing. Full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made sev-
eral rulings on motions and on objections to the admission of evi-
dence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Boarct makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Great Lakes Engineering Works, a Michigan corporation
with its principal office and plant at River Rouge, Michigan, is en-
gaged in shipbuilding and ship repairing. The Company purchases
steel, pipe, valves and fittings, electrical equipment, rigging supplies,
boilers, engine parts, winches, navigation instruments, anchors, an-
chor chain, galley outfits, and numerous other items which it uses
in its shipbuilding and repairing operations. Duri'ng 1940, 68.9 per
cent, amounting to $523,500, of the materials so purchased were de-
rived from sources outside' the State of Michigan, while 31.1 per cent;
amounting to $236,000, of supplies and materials were purchased
within the State of Michigan. The Company built no new vessels
during 1940 but received a gross income for repairing vessels for
customers within the State of Michigan amounting to $982,000, and
for customers without the State of Michigan amounting to $1,293,000.2
IT. THE ORGANIZATIONS INVOLVED
Tug Firemen, Linemen and Oilers Protective Association ' of
America is a labor organization, affiliated with the International
1 Although the International Association of- Machinists was also served with notice, it
did not participate in the hearing.
2 See also Matter of Great Lakes Engineering Works and Detroit 'Metal Trades Council,
3 N L R. B. 825 , and Matter of Great Lakes Engineering Works and Welders International
Association, 5 N L. R. B. 788.
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Longshoremen Association and the American Federation of Labor,
which admits to membership the engineer, fireman, lineman, and
captain comprising the crew of the tug Ecorse which is owned and
operated by the Company.
Downriver Shipbuilders' Association is an unaffiliated labor or-
ganization which admits to membership employees 'of the Company.
III. THE APPROPRIATE UNIT
The Tug Firemen contend that the engineer, fireman, lineman,
and captain, comprising the crew of the, tug Ecorse, constitute an
appropriate unit. The D. S. A. and the Company claim that they
have entered into a contract 3 which by its terms covers the Ecorse
as a yard tool, and that the tug is considered part of the hand-gang
department of the plant. The contract between the Company and
the D. S. A. covers employees in all departments of the plant except
the machine shop, The Company also has a contract with the Inter-
national, Association of Machinists, herein called the Z. A. M.,
which covers the machine shop employees.
During the summer the Company secures its tug service from the
Great Lakes Towing Company. The latter company, however, does
not operate its tugs in the winter months, and during that period the
Company in the present case operates the Ecorse for the purpose of
moving boats about the slips, docking boats, and occasionally bring-
ing vessels from neighboring plants to the slips for repair. The tug
is used only by the Company in its own operations and is not hired
out to other companies. When the services of an additional tug are
required the Ecorse may be used together with a tug of the Ford
Motor Company or the Nicholson Terminal Company, in which
event the employees of each company operate the respective tugs.
During 1940 the Company operated the Ecorse for 7 months for
periods varying each month from 25 hours in an interval of 9 days
to 841/4 hours in an interval of 15 days.4
3 This agreement between the Company and the D S. A . was entered into on July 4, 1937,
and was amended on March 12, 1940 . The agreement does not contain any express provi-
sion with -respect to the operations of. the tug.
4 The following table shows the exact length of time during which the tug was operated
each month during 1940:
January---------------------------------------- 37 hours over a 10-day period.
February--------------------------------------- 59 hours over a 14-day period.
March-----------------------------------------. 68 hours over a 13-day period.
April------------------------------------------ 843/4 hours over a 15-day period.
May___________________________________________ 343/4 hours over a 10-day period.
June------------------------------------------- 25 hours over a 9-day period
December--------------------------------------- 29 hours over a 10-day period.
The director of personnel of the Company testified that the above table constitutes the aver-
age annual operations of the tug.
GREAT LAKES ENGINEERING WORKS 523
The crew of the Ecorse are regular employees who work in other
departments of the plant at such times as the tug is not in operation.
-The lineman and fireman are employed as hand gang men in the
labor department , the engineer is employed as a machinist erector,
and the captain is a foreman in charge of the labor department. All
except the captain have seniority ratings in their respective depart-
ments. All members of the crew , including the captain , receive the
,same wages, whether they are working in the plant or are engaged
in operating the tug. If the tug operates only part of the day, the
crew work the remainder of the day in the plant, with the exception
of the engineer , who stays aboard the tug during the time it is in
operation . Since the lineman and fireman are employed in the hand-
gang department, the D. S. A. claims that they are covered by the
terms of its contract with the Company. The I. A. M. has agreed to
release its bargaining rights for the engineer , who is also a machinist
erector and is therefore covered by the terms of the contract between
the I. A. M. and the Company, subject to the proviso that the Board
designate the Tug Firemen as the proper bargaining agency for the
engineer . The captain, as a foreman , , is not eligible to membership
in the D. S. A. The record indicates that he is eligible to member-
ship in the Tug Firemen in his capacity as captain of the Ecorse
but there is no showing as to what effect, if any , his position as fore-
man in the plant would have upon his eligibility to membership in
that organization. '
Upon the basis of the entire record and by reason of the facts that
the engineer , lineman, fireman , and captain , comprising the crew of
the tug Ecorse are primarily engaged in work elsewhere in the plant
and that they are represented by other labor organizations, we find
that a unit confined to the engineer , lineman, fireman, and captain
of the tug Ecorse is inappropriate.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since there is no appropriate unit within the scope of the Tug
Firemen's petition , we-find that no question has been raised concern-
ing the representation of employees of the Company ' within an
appropriate unit.
Upon the basis of the -above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSION QF LAW
No question concerning the representation of employees of Great
Lakes Engineering Works, River Rouge, Michigan, in a unit which
is appropriate for the purposes of collective bargaining has arisen
within the meaning of Section 9 ( c) of the National Labor Relations
Act.
524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the foregoing findings of fact and conclusion of
law, the National Labor Relations Board hereby orders that the
petition for investigation and certification of representatives of
employees of Great Lakes Engineering Works, River Rouge, Michi-
gan, filed by the Tug Firemen, Linemen and 'Oilers Protective Asso-
ciation of America, affiliated with the International Longshoremen
Association and the American Federation of Labor, be and it hereby
is, dismissed.
MR. EDWIN S. SMITH, concurring :
With the exception of the machinists, the employees in the plant
are organized on an industrial basis. I think the reasons expressed
in my separate opinions in the Allis-Chalmers 5 and subsequent cases
are applicable in the present instance and constitute an additional
ground for dismissing the. petition herein.
'Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 248, 4 N. L R . B 159, 175.
I