Harbor Boat Building Co.

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 658 (N.L.R.B. 1943)

In the Matter of HARBOR BOAT BUILDING COMPANY and UNITED
BROTHERHOOD OF. WELDERS , CUTTERS AND HELPERS OF AMERICA, LOCAL
No. 53
Case No. R--J849.-Decided September 17, 1943
Messrs. R. D. Sweeney and J . E. Simpson , of Los Angeles, Calif.,
:for the Company.
Mr. Earl J. Belling , of Los Angeles , Calif., for the Welders.
Mr. Dave Sokol , of Los Angeles , Calif., for the Council.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
,Upon petition duly filed by United Brotherhood of Welders, Cutters
and Helpers of America, Local No. 53, herein called the Welders,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Harbor Boat Building Company, Ter-
minal Island, Los Angeles, California, herein called the Company,
the National Labor Relations Board provided for an appropriate
-hearing upon due notice before Daniel J. Harrington, Trial Examiner.
Said hearing was held at Los Angeles, California, on August 14, 1943.
The Company, the Welders, and the Los Angeles Metal Trades Council,
herein called the Council, appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine wit-
nesses , 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 opportunity
to file briefs with the Board.
Uponn the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Harbor Boat Building Company, a California corporation, is
engaged almost entirely in the construction of wooden vessels for the
52 N. L. R. B., No. 113.
658
HARBOR BOAT BUILDINiG COMPANY 659
United States Navy. It purchases lumber, steel, and other materials,
amounting in value to more than $1,000,000 per year, of which more
than 30 percent is obtained from points outside the State of. Cali-
fornia. Its sales to the United States Navy amount in value to more
than $2,000,000 per year. The Company concedes that it is engaged
in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Brotherhood of Welders, Cutters and Helpers of America,
Local No. 53, is a labor organization admitting to membership em-
ployees of the Company.
Los Angeles Metal Trades Council is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Welders contends that all welders, cutters, lead burners; and
their helpers, employed by the Company, but excluding supervisors,
constitute an appropriate unit. The Council and the Company con-
tend that a unit composed solely of the employees whom the Welders
seeks to represent is not an appropriate unit for collective bargaining.
In support of their contention the Council and the Company cite the
history of collective bargaining at the Company's plant. On Septem-
ber 11, 1937, the Company entered into a contract with three local
unions affiliated with the A. F. of L., by the terms of which the. Com-
pany recognized these unions as the exclusive bargaining representa-
tive of all its production and maintenance employees. This contract
continued in effect, by virtue of a provision for automatic yearly re-
newal, until December 2, 1940, when the Company joined with five
other companies comprising the Boat Builders Association of South-
ern California, in the execution of a contract made pursuant to an
award in arbitration proceedings, then pending between these com-
panies and six A. F. of L. affiliates, including the three who were sig-
natory to the previous agreement. This contract likewise covered
production and maintenance employees generally in a single unit.
This contract has now been superseded by a contract between the
Company and the Metal Trades Department, A. F. of L., and con-
stituent unions, relating to defense construction in shipyards in the
Pacific Coast area, which specifically provides that welding employees
are included among the employees represented by the unions par-
ticipating in the execution of the agreement. The present contract
549875-44-vol. 52-43
660 DEICTSIONS OF NATIONAL LABOR, RELATIONS BOARD
was not entered into by the parties, however, until June 2, 1943, or
subsequent to the filing of the Welders' petition herein.-
The record discloses that welders are employed in all of the Com-
pany's three departments, under the supervision of the foremen in
each of these departments. It further appears that welders are shifted
from one department to another, and are sent to various parts of the
yard, as need for them develops. Some of the welders, however, work
continuously in a single building which also houses several other of
the crafts making up the metal working department. In view of
the-dispersal of the welders among the various departments and in
various locations throughout the yard, together with the absence of
any single centralized supervision, it is questionable whether the
welders constitute a homogeneous and related group such as possess
the requisite common interest in collective bargaining. However,
assuming that the welders comprise a craft group such as normally
might be found to constitute a separate bargaining unit, in view of
the history of collective bargaining on a plant-wide basis for several
years prior to the filing of the Welder's petition, we find that the unit
herein sought is not appropriate for the purposes of collective bar-
gaining.2
IV. THE ALLEGED ,QUESTION 'CONCERNING REPRESENTATION
Since, as pointed out in Section III, above, the bargaining unit
sought to be established by the petition is inappropriate for the pur-
poses of collective bargaining, we find that no question has been raised
concerning the representation of employees in an appropriate bar-
gaining unit. Accordingly, we shall dism^ss the petition.
ORDER'
Upon the basis of the above findings of fact and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition,for investigation and certification of representatives
of employees of Harbor Boat Building Company, Terminal Island,
Los Angeles, California, filed by United Brotherhood of Welders,
Cutters and Helpers of America, Local No. 53, be, and it hereby is,
dismissed.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.
1 This contract is claimed by the Council and by the Company to constitute a bar to a
proceeding for determination of representatives at this time . In view of the matters
herein set forth, however , it is not necessary to make any determination with respect to
this issue.
2 See Matter of American Car & Foundry Company, 51 N. L. R. B . 1416 , and cases
therein cited.