Houston Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Dec 19, 1942

46 N.L.R.B. 161 (N.L.R.B. 1942)

In the Matter of HOUSTON SHIPBUILDING CORPORATION and BROTIIER-
HOOD OF RAILROAD TRAINMEN
In the Matter of HOUSTON SHIPBUILDING CORPORATION and HOUSTON
METAL TRADES COUNCIL, AFFILIATED WITH THE METAL TRADES DEPT.
(A. F. L.)
Cases Nos. R-4402 and R-4403.-Decided December 19,1942,
Jurisdiction : shipbuilding industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition without certification by the Board ; election neces-
sary.
Unit Appropriate for Collective Bargaining : determination of-appropriate units
held dependent ubon results of elections to`be conducted among (1) employees
engaged in the operation of dinky engines, including dinky engineers, dinky
foremen or conductors, dinky switchmen, and swing foremen, but excluding
the yardmaster; (2) all welders, burners, their helpers, and leadermen of the
welding department, but excluding all foremen and supervisory employees above
leadermen; and (3) all production and maintenance employees, with specified
inclusions and exclusions.
Mr. Bliss Daffan,, for the Board
Kayser, Liddell,_Benbow cC Austin, by Mr. Frank A. Liddell, of
Houston, Tex., for the Company.
Mr. C. H. Smith, of Fort Worth, Tex., Mr. J. F. Williams, of Hous-
ton, Tex., and Mr. J. F. Persons, of Pasadena, Tex., for the Trainmen.
Mr. Sewall Meyer, of Houston, Tex., for the Council.
Cole, Patterson- & Cole, by Mr. Seymour Lieberman and Mr. Lewis
Loggins, of Houston, Tex.,'for the United.
Mandell & Wright, by Mr. Arthur J. Mandell and Mr. W._ T. Grist,
of Houston, Tex., for the C. 1. 0.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Brotherhood of Railroad
Trainmen, herein called the Trainmen, and by Houston Metal Trades
46 N: L. R. B., No. 23.
504086-43-vol. 46-11 161
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Council , affiliated with the Metal Trades Department ( AFL), herein
called the Council , each alleging , that 'a question affecting commerce
had arisen concerning the representation of employees of Houston
Shipbuilding Corporation , Houston, Texas, herein called the Com-
pany, the National Labor Relations Board ,-provided for an appro-
priate consolidated hearing upon due notice before Henry J. Dent,
Trial Examiner . Said hearing was held at Houston , Texas, on
October "1'3,"1`4, 15, 16, and 17,.1942. The Board , the Company, the
Trainmen ,' the` Council , United ' Brotherhood of Welders , --Cutters &
Helpers of America, Local No. 5, herein called the United,' and ' In-
dustrial - Union - of Marine ' Shipbuilding Workers of America, affil-
iated with the Congress of Industrial Organizations , herein called
the C. I. 0., appeared , participated , and were afforded full oppor-
tunity to be heard ; 'to examine and cross -examine witnesses , 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. The Council , on October 29, 1942, the United, on
October 30 , 1942, and the Trainmen and the C. I. 0., on November 2,
1942, filed briefs which the Board, has considered.
Upon the entire record in the case , the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Houston Shipbuilding Corporation has its principal office and place
of- business on Irish Bend Island in Harris County, Texas, near
Houston, Texas. The Company,' under contract with the United
States of America, acting ,by and through the United- States Mari-
time -Commission, -is engaged in building- ships for use in the war.
Since July 1, 1941, the Company has used in ship construction. raw
materials valued in excess of $2,000,000, of which more than 80 percent
has carne to the shipyard from points outside Texas. All such raw:
materials are supplied to the Company by the United States Mari-
time Commission, to which the Company delivers completed ships.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
,II. THE ORGANIZATIONS INVOLVED
Brotherhood of Railroad Traimnen.-is a labor organization, admit-
ting to membership employees of.the Company.
Houston Metal Trades Council is- a labor organization affiliated -
with the Metal' Trades Department of the ' American Federation of
Labor, admitting to'membership employees of the Company.
HOUSTON— SHIPBUILDING ' CORPORATION' 163
United,`Brotherhood of Welders ; -CuttersHelpers ' of America;
Local No.- 5is=a'labor organization, admitting to, membership; e a;
ployees of the Company.
Industrial Union of Marine Shipbuilding Workers of America
is' a- Tabor organization affiliated with_ the• Congress.'of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION,
On June 3, 1942, in a prior representation proceeding involving
employees .of the ,Company, the Board issued a Decision and Order;
'dismissing petitions for investigation and certification of representa-
tives,•filed by the Council and the United, respectively, on the ground
that none-of the labor organizations therein concerned submitted
sufficient, evidence to indicate that it represented a substantial num-.
ber of employees in the bargaining unit which it claimed to be
appropriate 1 In June and July, 1942 the several competing labor
organizations, continued their organization of the Company's em=
ployees, and each thereafter asked the Company for recognition as
bargaining ageilt in its proposed unit. The Company refused to
recognize any labor organization until the Board should certify it
as bargaining agent of employees in an appropriate bargaining unit.
Thereupon the Trainmen and the Council 2 filed the petitions in this
proceeding.
A statement prepared by the Regional Director and other evidence
introduced ,at the hearing indicate that the Trainmen, the Council,
and the United each' respectively represents a substantial number of
employees in the unit which it claims is appropriate 3
I See Matter of Houston Shipbuilding Corporation of Irish Bend, Teaas'and Ilouston
Metal Trades Council ; Matter of Houston Shipbuilding Corporation and United Brother-,
hood.'of Welders , Cutters and Helpers , 41 N. L. R. B 638 A further ground of dismissal
of the Council ' s petition was the presence of a jurisdictional dispute caused 'by the
intervention of the International Union of Operating Engmeeis , Local 450 , also an
affiliate of the American Federation of Labor, herein called the Operating Engineers;
which sought to ieprecent employees also claimed by the Council -'
.,2 The Council filed its petition herein on behalf of'the following affiliated organizations :
-(1) International Association of Machinists , Local 832; ( 2) International Union of
Operating Engineers , Local 450 and Local 707 ;' ( 3) International Brotherhood of Boiler,
Makers, Iron Shipbuilders , Welders and Helpers of America, Local 469; (4 ) International
Brotherhood of Electrical workers, Local 716 ; .(5) United Association of Journeymen,
Plumbers and Steam Fitters of the United States and Canada, Local 682; (6 ) Brother-
hood of Pamteis, Decorators and Paper Hangers of Ameiica, Local 130; (7) Sheet Metal
Workers International Association, Local 54 ; (8) International Hod Carriers , Building
and Common Laborers Union of America , Local 1323 ;-(0) United Brotherhood of Car-
penters and Joiners of America , Local 2312 ; ( 10) International Brotherhood of Black-
smiths, Drop Forge and Heat Treaters, Local 112 ; (11) International Association of
Bridge , Structural and Ornamental Iron workers, Local 84 ; ( 12) International Brother-
° hood of Teamsters , Chauffeurs , Warehousemen and Helpers of America , Local 367; and
(13) Shipyard Clerks and Checkers, Local 1351'1.
'The Trainmen submitted 30 authorization cards, dated in Julie and July - 1942, all
of which appear to bear genuine signatures of employees of the Company . There are
about 33 employees in its pioposed unit
- The•^Council , acting ' for its member organizations listed in footnote 2 above, submitted
authorization cards and dues records to indicate that it represented approximately '8,535
164 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.
1V. THE APPROPRIATE UNIT ; THE , DETERMINATION OF REPRESENTATIVES
The Trainmen contends that all employees engaged in the opera-
tion of dinky engines, including the yardmaster , swing foremen,
dinky engineers, dinky foremen or conductors, and dinky switchmen,
constitute a separate appropriate bargaining unit.
The United contends that all welders, burners, and their helpers,
including leadermen, but excluding all foremen and supervisory`
employees above leadermen, constitute a separate appropriate bar-
gaining unit. '
The Company, the Council, and, the C. I. 0. agree that all produc-
iion and maintenance employees, including clerks, checkers, and tool-
room clerks of the production department, but excluding all super-
visory employees, above leadermen, clerical and office employees,
porters inside offices, chauffeurs, technical employees, plant-protection
and safety employees (guards and fire, fighters), and instructors,
constitute an appropriate bargaining unit. They likewise agree that
employees in the smaller units'proposed, respectively, by the Train-
men aiid the United do not constitute appropriate separate bargain-
ing units.4
The shipyard operated,by the Company is located on land formerly
'an island but now connected with the mainland. All material used
"in the construction of ships is brought to the shipyard in cars by
railroad. Employees of the railroad place the cars on the Company's
spur track about 3/, of a mile distant from the yard proper. The
shipyard is a network of tracks of railroad' standard gauge, lying
between wider tracks used by gantry electric cranes. By the dinky
engines, and to some extent by the use of locomotive cranes, the
persons in its proposed unit. The C I., 0. submitted 466 authorization cards, bearing
apparently genuine signatures of employees in the same unit. There are about 17,000
employees in the unit proposed by the Council.
The United submitted authorization cards, indicating that it represented 1,026, em-
ployees in its proposed unit . A check of 'the Council's cards indicates that the Council
represents approximately 1,580 employees in the same unit A check of the C I. 0.
cards indicates that the C. I. 0. represents 28 such employees . There are approximately
4,000 employees in the unit proposed by the United
'At the hearing the Trainmen contended that the Council was precluded from claiming
to represent employees engaged in the operation of dinky engines , by reason of an agree-
ment between the Trainmen and the Operating Engineers , which the Council represents
in this consolidated proceeding. At the hearing the Trainmen and the Council disagreed
with-respect to the terns of the agieement alleged to have been made with reference to °
a patition filed, and later withdrawn, by the Operating Engineers. The Trial Examiner
granted a motion to take the deposition of the Regional Director upon written interroga-
tories with respect to a pertinent conference held' in the Regional 'Director' s office The
deposition so taken has been transmitted to the Board. In accordance with the agree-
ment of the parties the deposition 'is hereby made, and is , part of the official record in
this proceeding. .
HOUSTON' SHIPBUILDING CORPORATION 165
Company moves carloads of material along its'spur-track to storage
areas within the 'shipyard, and thence, as needed, to production- sheds
and to the 'ways. Under centralized 'management, employees who
operate the engines and cranes and all other employees of the Com-
pany, are engaged solely in the furtherance of ship construction.
For administrative convenience, however, the Company divides its
production department into several subdivisions. Employees -en-,
gaged in the operation of dinky engines are- included with truck
operators and other employees in the maintenance division. 'Crane
'operators are in other divisions. Welders, burners, and their helpers
alone constitute a separate administrative division-of the'production
department.
The Council urges that, because employees engaged in the opera-
tion of dinky engines and locomotive cranes are concerned with the
movement of material about the shipyard and are to some extent
similarly skilled, they, should be grouped in the same bargaining unit.
The Company uses 5 dinky engines, 26 locomotive cranes, and 14
gantry electric cranes. A dinky engine has the capacity of pulling
a load of 22 cars. Locomotive cranes can pull 1 or 2 cars, depend-
ing upon the weight, and' load and unload material thereform.
Gantry cranes do not switch cars. The crew of a dinky engine cons
sists of the engineer, the foreman or conductor, and 1 or 2 "switch-
men. The crew of a locomotive crane includes not only employees
concerned with its locomotion but also employees concerned in
handling the construction material and the loading and unloading of
the cars which the crane switches. Employees engaged in the opera-
tion of ' dinky locomotives and employees engaged in the operation
of cranes are not interchanged. Members of the dinky engine crew.
are former railway employees and receive wages comparable with
those of railway employees. They receive higher wages than crane'
operators. The Company, moreover, recognizes seniority rights
among members of the dinky engine crews, who- are promoted from
one shift to another or to higher categories' of employment within
their group. 'The movements of dinky engines are directed by a'
yardmaster on the day shift and by swing foremen 'on the 2 night
shifts. Such supervisory employees have no jurisdiction over crane
crews. -
`
The Company's welders, consisting of about 4,000 of the approxi-
mately . 17,000, production employees, are within the jurisdiction of
the' welding division of the production department and are, under
the supervision of a welding superintendent. Although welders are
assigned to work in various departments in the plant; they custo-
marily do not shift to .other departments and; in any case, remain
under the direct supervision of the welding division so long as they
r
166 DECISIONS OF NATIONAL ,LABOR: RELATIONS :BOARD
are- engaged 'in ' welding work. They are- classified, by ability and
experience, as -first-class, second-class, third-class, and fourth-class
welders., It appears that training in welders' schools is a frequent,
prerequisite, that applicants for welding work are given welders'
tests, and that the Company regards 1 year's experience as necessary
for welding proficiency. These facts indicate the propriety' of estab-
lishing-welders, burners, and their helpers as a separate bargaining
unit. - On the other hand, the integrated character of the Company's
operations, and the fact that.the Council and the C. I. O. have organ-,
ized employees, including welders, upon an industrial basis, point to
the feasibility of a general unit-including welders among, all produc-
tion and maintenance employees.5 .
- Upon` the basis of the entire record in this proceeding, we are of
the opinion,' and find, that employees engaged in the operation of
dinky engines. and employees engaged in welding and burning may
constitute separate,. distinct' bargaining' units apart from other pro-
duction employees,,as the Trainmen and the United respectively con-
tend, or' they' may constitute a part of 'the larger, plant unit urged
by the Company, the Council, and .the C. I. O. We shall direct that
separate, eledtions be held, among employees in the units proposed
by the' Trainmen and the_ United,' respectively, and among other pro-
duction and maintenance employees at the shipyard. Upon the re-
sults of the elections will depend, in part, the unit or units which
we shall find appropriate for bargaining.
The Trainmen and the Council would include the yardmaster in the
bargaining unit with other employees engaged in operating the dinky
engines. As noted above, the yardmaster and the swing foremen
direct the movement's of the dinky engines and supervise their crews.
The greater part of 'the moving of materials is done on the day shift,,
when, four, dinky engines are in constant use. The yardmaster is" a
salaried employee ; • the swing foremen are hourly paid, as are other
production -workers. For this reason 'we -shall exclude the yard-,
master from participation in the, election and from any unit which
includes hourly;pa,id members of the dinky engine crew. In accord-
ance with the agreement of the parties, leadermen will be deemed
eligible to vote in the elections. We shall exclude all supervisory
employees above leadermen from the elections and from any unit or
units predicated in part thereon. - We shall likewise exclude from
5 See Matter , of National Aniline Division , Allied Chemical d Dye ' Corporation and
District 50, United Mine Workers of America , Local IE330, et al', 40 N. L R B 1351;
Matter of Curtiss -Wright Corporation and United Automobile, Aircraft and Agricultural
Implement Workers of America, C. 1. 0., Local 753 , 41 N. L . R. B. 1367. Cf . Matter
of Port Houston Iron Works and International Brotherhood of Boilermakers, Iron Ship-
builders, Welders d Helpers of America, Local No. 74 and International Association of,
Machinists; Local No. 832 , Case No. R-4483, 46 N. L . It. B. 155. -
- HOUSTON SHIPBUILDING CORPORATION' 167
participation in the election" among the employees in the residual
group , and from the unit which includes such employees , employees
in the several categories excluded by, agreement from, the unit pro-.,
posed by the Company , the- Council, and the C. 1. 0.
We shall accordingly direct that three separate elections be held
among the Company's employees in the following groups: . ( 1). em-
ployees engaged in the operation of dinky engines , including dinky
engineers ,, dinky foremen or conductors , dinky switchmen, and
swing foremen , but excluding the yardmaster ; (2) all 'welders,
burners, their helpers, and leadermen of the ; welding department,
but excluding all foremen and supervisory employees above leader-
men; and , ( 3) all production and maintenance employees , including
clerks, . checkers ,. and toolroom clerks of the production ' department,
and leadermen , but excluding all employees engaged in the operation
of- dinky , engines ( the yardmaster , swing foremen , dinky engineers,
dinky foremen or conductors , and dinky switchmen )-, welders ', burn-
ers, their , helpers, and leadermen of the welding department , all;su-
pervisory employees above leadermen ,• clerical and office employees;
porters inside offices, chauffeurs , technical employees , plant-protection
and safety . employees ( guards and firefighters ), and'instructors.
•If a majority of employees in group (1) select the Trainmen as
their bargaining agent, we shall find that such employees constitute
an, appropriate ,bargaining unit and shall certify the Trainmen as the
bargaining representative thereof . If a majority of -employees 'in
group (2) select the United as their bargaining agent, we shall find
that 'such employees constitute a_ separate bargaining unit and shall'
certify the United as bargaining agent thereof . The Trainmen and,
the United have restricted their organizational activities to employees
in the respective unit which each contends is appropriate . Since'
both the Council and the C : I. 0. have conducted their organizational
activities on an industrial basis, we shall permit the Council and the
C. I. 0. to participate in each of the three elections for which we
herein provide . If a majority of employees in each of two or more
groups select the Council or the C. I. 0. as their bargaining repre-
sentative , we shall find that all , such employees constitute a -single
bargaining unit, and we shall certify the labor organization so se-
lected as the bargaining representative thereof.
'Those eligible to vote in the elections ' which we shall now direct
shall be all employees of the Company, described in groups ( 1), (2),
and'(3 ), above, who 'were employed during the pay-roll period-imme-
diately preceding the date of the Direction of Elections, 'subject to
the liinitations and additions set forth therein.
168 DECISIONS. OF NATIONAL' LABOR RELATIONS BOARD
DIRECTION -OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re;
lations Act,-,and pursuant to Article III, Section 9, 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 Houston Ship-
building Corporation, Houston, Texas, separate elections by secret
ballot shall be conducted as -early as possible, but not -later ,than
thirty (30) days from the date-of this Direction, under the direction
and supervision of the Regional Director for the Sixteenth Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Regu-
lations, among all employees of the Company who 'fall within the
groups described below who were employed during the pay-roll
period immediately preceding the date of this Direction, including
employees who did not work during such payroll, 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 those who have since
quit or been discharged for cause : -
(1) All employees engaged in the operation of dinky engines, in-
cluding dinky engineers,, dinky foremen or conductors, dinky switch-
men, and swing foremen, but excluding the yardmaster, to'deteimine
whether they desire to be represented by Brotherhood of Railroad
Trainmen, by Houston Metal Trades Council, affiliated with the
Metal- Trades Department (AFL), or by Industrial Union of Marine
Shipbuilding Workers of America -(C. I. 0.), for the purposes of,
collective bargaining, or by, none ; - • • -
(2) All welders, burners, their helpers, and leadermen of the weld-
ing department, but excluding all foremen and supervisory employees
above leadermen, to determine whether they desire to be represented
by United Brotherhood of Welders, Cutters & Helpers of America,
Local No. 5, or by Houston Metal Trades Council, affiliated with the
Metal Trades Department (AFL), or by Industrial Union of
Marine Shipbuilding Workers of America (C. I. 0.), for the pur-
poses of collective bargaining, or by none; and
(3)' All••'production and maintenance employees, including, clerks,
checkers, and toolroom clerks of the production department, and
leadermen, but excluding all employees engaged in the operation of
dinky engines (the yardmaster, swing foremen , dinky engineers,
HOUSTON SHIPBUILDING CORPORATION 169
dinky foremen or conductors, and dinky switchmen), welders,
burners, their helpers, and leadermen of the welding department, all
supervisory employees above leadermen, clerical and office employees,
porters inside offices, chauffeurs, technical employees, plant-protection
and safety employees, (guards and fire fighters), and instructors, to
determine whether they desire to be represented by Houston Metal
Trades Council, affiliated with the'Metal Trades Department (AFL),
or by Industrial Union of Marine Shipbuilding Workers of America
(C. I.0.), for the purposes of collective bargaining, or by neither.