Higgins, Inc.

National Labor Relations Board - Board Decisions

Apr 24, 1953

104 N.L.R.B. 364 (N.L.R.B. 1953)

3 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work is necessary to be done in the plant, and none of them
has a specific work classification. The Employer testified
it expected to hire 15 to 30 new employees when the sisal line
went into operation in April. However, some of the employees
presently working on the cotton line may be transferred to the
sisal line when that line is installed! Because the processes
of manufacturing sisal and cotton batting are so similar, it is
probable that no new work classifications will be created for
the sisal line different from those on the cotton line.3
We believe that the present complement of employees is a
representative and substantial segment of the working force
ultimately to be employed. We therefore see no reason for
departing from the Board's usual policy of directing an imme-
diate election.4 Accordingly, the Employer's motiontodismiss
is hereby denied.
[Text of Direction of Election omitted from publication.]
2It will be up to the plant superintendent to decide whether to hire new employees for the
sisal line, or to transfer cotton- line employees to do sisal- line work.
3 Although the process of manufacturing sisal and cotton batting is similar, some different
types of machines are used due to the stiffer nature of sisal as compared to cotton.
4Pershing Avenue Corporation, Ivers & Pond Piano Company, Paul G. Mehhn & Sons and
Poole Piano Company, 98 NLRB 148; Oliver Iron and Steel Corporation, Berry Division, 98
NLRB 1110; Chrysler Corporation, Michaud Ordnance Plant, 98 NLRB 1105.
HIGGINS, INC. and UNITED BROTHERHOOD OF CARPEN-
TERS & JOINERS OF AMERICA, SHIP CARPENTERS,
CAULKERS & JOINERS, LOCAL NO. 584, AFL, Petitioner
HIGGINS, INC. and INTERNATIONAL BROTHERHOOD OF
BOILERMAKERS, IRON SHIPBUILDERS AND HELPERS OF
AMERICA, LOCAL 37, AFL, Petitioner. Cases Nos. 15-RC-
881, 15-RC-887, 15-RC-884, and 15-RC-886. April 24, 1953.
DECISION AND DIRECTION OF ELECTION
Upon separate petitions duly filed under Section 9 (c) of the
National bor Relations Act, a consolidated hearing was held
before F"s1. Lewis, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with these cases
to a three -member panel [ Chairman Herzog and Members
Murdock and Peterson].
Upon the entire record in these cases , ' the Board finds:
i The Board grants the motion of United Brotherhood of Carpenters & Joiners of America,
Ship Carpenters, Caulkers & Joiners, Local No. 584, AFL, herein called the Carpenters, to
withdraw its petition in Case No. 15-RC-887 and the motion of International Brotherhood of
Boilermakers, Iron Shipbuilders and Helpers of America, Local 37, AFL, to withdraw its
petition in Case No. 15-RC-884.
104 NLRB No 50.
HIGGINS, INC. 365
1. The Employer is engaged in commerce within the
meaning of the Act.
2. The labor organizations involved claim to represent
employees of the Employer.2
3. A question affecting commerce exists concerning the
representation of employees of the Employer, within the
meaning of section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. In Case No. 15-RC-886, the Boilermakers seeks a unit
comprising, in the main, employees engaged in the construc-
tion of steel ships and boats, including, among others, the
mold loftsmen, but excluding the crane operators and certain
craft groups already represented by the Intervenors.3 The
intervening Operating Engineers seeks a separate unit of
crane operators who, it contends, constitute an appropriate
unit. In Case No. 15-RC-881 the Carpenters seeks a separate
unit of mold loftsmen and patternmakers who are also sought
by the Boilermakers as a part of the more comprehensive
group.4 The Employer agrees generally with the unit con-
tention of the Boilermakers in Case No. 15-RC-886 but
would include the crane operators as wellas the mold loftsmen.
The Employer employs approximately 22 crane operators,
who operate heavy, medium, and light-duty cranes and who
comprise the crane department under the separate super-
vision of a crane superintendent. There is no interchange
of employees between the crane department and other depart-
ments in the Employer's yards and all of the Employer's
cranes, with the exception of 3 electric hoists, are operated
by the crane operators. The highest paid crane operators
enjoy a higher hourly rate than the highest paid machanics.
On the other hand, the Employer does not consider the crane
operators skilled in the sense that they are craftsmen or
require extensive training to perform efficiently. There is
no apprenticeship program with regard to the training of
crane operators and, except in the case of the heavy-duty
and some medium-duty crane operators, the training of new
men can be accomplished in a few days. Moreover, the crane
operators, though in a separate department, perform their
duties in all parts of the yards, moving material within and
between all other departments. Approximately three-quarters
of their working time is spent in conjunction with the con-
struction of steel vessels together with the employees in the
group sought by the Boilermakers. By reason of the foregoing,
we are persuaded that the crane operators do not comprise
2The Plumbers and Steamfitters Local No. 60, AFL, Lodge 37, International Association
of Machinists . AFL, and Marine Ship and Shipyard Laborers, Local 821, intervened at the
hearing to protect current contracts with the Employer , or current certification pursuant to
which negotiations are being conducted . International Union of Operating Engineers, Local
406, AFL, herein called Operating Engineers , was allowed to intervene on the basis of a
substantial showing of interest among the Employer ' s crane operators who, the Operating
Engineers claims , should constitute a separate appropriate unit.
3At the hearing , the Boilermakers ' petition was amended as to the unit claimed so that
it did not conflict with any of the groups represented by the Intervenors.
4 There is no history of collective bargaining as to any of the employees sought by either
of the Petitioners or by the Operating Engineers.
366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a craft or departmentally cohesive group such as we have,
in the past, held to be entitled to a self-determination elec-
tion.5 We shall therefore include the crane operators in the
comprehensive group sought by the Boilermakers.
We conclude otherwise with regard to the mold loftsmen.6
They spend practically all their time working in the mold
loft separate and apart from all other employees. There is
no interchange between mold loftsmen and other employees.
They utilize a high degree of skill, using blueprints and
engineering tools to fabricate patterns to be used in boat and
ship construction. The Employer maintains a 4-year apprentice-
ship program for training the loftsmen. They are paid a higher
hourly rate than mechanics in similar classifications. We
find that the mold loftsmen are skilled craftsmen who perform
the usual duties of the patternmakers' craft, and that they
may, if they so desire, constitute a separate appropriate
unit .'+
However, we shall make no final unit determination at this
time, but shall first ascertain the desires of the employees
as expressed in the elections hereinafter directed. We shall
direct that separate elections be held among the employees
at the Employer's shipyard, Highway 90 and Industrial Canal,
New Orleans, Louisiana, within the voting groups described
below:
(1) All mold loftsmen, their helpers and apprentices in-
cluding leadermen, but excluding all other employees, guards,
professional employees, and supervisors as defined in the Act.
(2) All boilermakers and apprentices, crane operators,
welders, tackers, blacksmiths, burners, chippers, caulkers,
grinders, riveters, holders-on, heaters, layer-outs, steel
fabrication ship workers, tank testers, gaugers , stationery
engineers producing oxygen, operators and helpers in the
shear shop, hose repairmen, buffers and polishers, their
helpers and leadermen, plate and steel fabrication workers,
riggers, hookers-on, and groundsmen, except those working
in the carpenter division, but excluding all other employees,
office and plant clerical employees, guards, professional
employees, and supervisors as defined in the Act.$
If a majority of voters in voting group (1) vote for the
Carpenters, they will be taken to have indicated their desire
to constitute a separate appropriate unit and the Regional
Director will issue a certification of representatives to the
6Kennecott Copper Corporation, 96 NLRB 1423; International Paper Company, 94 NLRB
483, 495.
6 The Carpenters ' petition seeks mold loftsmen and patternmakers . There are no employees
classified as patternmakers , but the mold loftsmen perform the same or similar duties as
do patternmakers in other shipyards.
7 New York Shipbuilders Corporation, 89 NLRB 915, 917.
$ The motions by the International Association of Machinists and the Boilermakers to
correct the record are granted to the extent that the designation "tappers" in voting group
(2) has been changed to "tackers. " As we do not find it necessary to set forth in detail all
of the classifications of employees who are excluded from the voting group , we will not
pass upon that portion of the motion regarding correction of the designation "machine shop
swamp skipper."
AIRBORNE INSTRUMENTS LABORATORY , INCORPORATED 367
Carpenters for such unit , which unit the Board , under such
circumstances , finds to be appropriate for purposes of col-
lective bargaining . If a majority of, voters in voting group (2)
vote for the Boilermakers , they will have indicated their
desire to constitute a separate appropriate unit and the
Regional Director will issue a certification of representatives
to the Boilermakers for such unit , which unit the Board,
under such circumstances , finds to be appropriate for purposes
of collective bargaining . If a majority of the voters in both
voting groups vote for the Boilermakers they will have
indicated their desire to be represented by the Boilermakers
in a single unit and the Regional Director will issue a certi-
fication of representatives to the Boilermakers for such
unit , which unit the Board , under such circumstances, finds
to be appropriate for purposes of collective bargaining.
[Text of Direction of Election omitted from publication.]
AIRBORNE INSTRUMENTS LABORATORY , INCORPORATED
and LOCAL 807, INTERNATIONAL BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELP_
ERS OF AMERICA, AFL, Petitioner . Case No. 2-RC-5381.
April 24, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Arthur
Goldberg , hearing officer . The hearing officer ' s rulings
made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case
to a three - member panel [Chairman Herzog and Members
Murdock and Peterson].
Upon the entire record in this case , the Board finds:
1. The Employer is engaged in commerce within the
meaning of the Act.
2. The labor organization involved claims to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the
meaning of Section 9 (c) (1) and Section 2 ( 6) and ( 7) of the Act.
4. The appropriate unit:
The Petitioner seeks to represent unit of the Employer's
drivers and shipping and receiving employees . Alternate unit
requests by the Petitioner include (a) drivers , shipping,
receiving , and mailroom employees ; (b) drivers , shipping,
receiving , and mailroom employees , and spare parts clerks
in the packaging section; and ( c) drivers . The Employer
maintains that only an overall unit of all employees is appro-
priate.
104 NLRB No. 51.