Levingston Shipbuilding Co.

National Labor Relations Board - Board Decisions

Jan 31, 1942

38 N.L.R.B. 882 (N.L.R.B. 1942)

In the Matter of LEVINGSTON SHIPBUILDING COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1457
In the Matter of LEVINGSTON SHIPBUILDING COMPANY and MARINE PIPE
FITTERS AND WELDERS AND APPRENTICES, LOCAL No. 414
In the Matter of LEVINGSTON SHIPBUILDING COMPANY and INTERNA-
TIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 450
Cases Nos. 8-3329 to R-3331, inclusive.Decided January 31, 1942
Jurisdiction : shipbuilding industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : separate units comprising: (1)
all machinists, machinists' helpers, and welders working with the machinists ;
(2) all marine pipe fitters, coppersmiths, apprentices, helpers, and welders
working with pipe fitters and coppersmiths; (3) all crane operators and help-
ers; and (4) all employees working as shipfitters, welders (not including those
included with the Machinists or with the Pipe Fitters), riggers, mold loft
workers, hook-up men, all specialty machine operators except the one filing
carpenters' saws, and sandblasters and laborers doing the work of boilermakers ;
supervisory employees excluded from all units.
Mr. Bliss Daffan, for the Board.
Mr. L. J. Benckenstein and Mr. George W. Brown, Jr., of Beaumont,
Tex., for the Company.
Mr. H. A. Barlett, of Beaumont, Tex., Mr. Carl Hu/vndorff, of Port
Arthur, Tex., and Mr. T. E. Dunn, of Orange, Tex., for the Machinists.
Mr. F. S. Scanlan, Jr., of Orange, Tex., for the Pipe Fitters.
Mr. M. B. Grimes, of Orange, Tex., for the Operating Engineers.
Mr. J. F. Schmitt, of Beaumont, Tex., for the Boilermakers.
Mr. Robert N. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On August 15, 1941, the International Association of Machinists,
Local No. 1457, affiliated with the American Federation of Labor, herein
38 N. L. R. B., No. 155.
882
I
i
LEVINGSTON SHIPBUILDING COMPANY 883
called the Machinists, filed with the Regional Director for the Six-
teenth Region (Fort Worth, Texas) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Levingston Shipbuilding Company,l Orange, Texas, herein
called. the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On August 21, 1941.
the Marine Pipe Fitters and Welders and Apprentices, Local No.
414, herein called the Pipe Fitters, and on October 27, 1941, the In-
ternational Union of Operating Engineers, Local No. 450, herein called
the Operating Engineers, both affiliated with the American Federation
of Labor, filed with the Regional Director for the Sixteenth Region
similar petitions requesting an investigation and certification of rep-
resentatives. On November 15, 1941, 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 authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice and, act-
ing pursuant to Article III, Section 10 (c) (2), of said Rules and
Regulations, ordered that the three cases be consolidated.
On November 17, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Machin-
ists, the Pipe Fitters, and the Operating Engineers, and upon the In-
ternational Brotherhood of Boilermakers, Iron Shipbuilders and Help-
ers of America, Local No. 408, affiliated with the American Federation
of Labor, herein called the Boilermakers, a labor organization claim-
ing to represent employees directly affected by the investigation.2
Pursuant to notice, a hearing was held on November 25 and 26, 1941,
at Beaumont, Texas, before H. Carnie Russell, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the Ma-
chinists, the Pipe Fitters, the Operating Engineers, and the Boiler-
makers were represented by counsel or other representatives and par-
ticipated in the hearing. Full opportunity 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 rulings on motions and on objections to the admis-
sion of evidence. The Board has reviewed these rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
I Although the name of the Company appears on the formal papers in this proceeding as
"Levingston Ship Yards , Inc," at the hearing all parties agreed that these formal papers
should be amended to show that the correct name of the Company is "Levingston Ship-
building Company."
' Notice of the hearing was also served upon the International Brotherhood of Black-
smiths , Drop Forgers & Helpers , the International Association of Bridge , Structural &
Ornamental Iron Workers , Local No. 125 , and the Industrial Union of Marine & Ship-
building Workers of America . None of these organizations appeared at the hearing or
submitted any proof of membership among the Company 's employees.
884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rulings are hereby affirmed. On December 1, 1941, the Machinists filed
with the Board a request for oral argument and permission to file
a ,brief ; on the same day the Company filed with the Board a request
for permission to file a brief. On December 3, 1941, the Board denied
the request for oral argument but granted all parties permission to
file briefs. Only the Machinists filed a brief, which the Board has
duly considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Levingston Shipbuilding Company, a Texas corporation with
its principal office and plant at Orange, Texas, is engaged in the
building and repairing of ships, which are used on coastal and other
waters. During the year preceding the hearing, it purchased raw
materials costing approximately $750,000, of which 50 percent was
shipped to it from outside the State of Texas. During this same period,
it earned a gross income of approximately $1,000,000 from the build-
ing and repairing of ships. It employs about 560 men.
H. THE ORGANIZATIONS INVOLVED
The International Association of Machinists, Local No. 1457, the
Marine Pipe Fitters and Welders and Apprentices, Local No. 414, the
International Union of Operating Engineers, Local No. 450, and the
International Brotherhood of Boilermakers, Iron Shipbuilders and
Helpers of America, Local No. 408, all of which are affiliated with
the American Federation of Labor, are labor organizations admitting
to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refused to recognize or bargain with any of the above-
named labor organizations until the appropriate unit or units and
the exclusive bargaining representative or representatives of the em-
ployees have been determined.
From a report prepared by the Field Examiner and introduced
into evidence it appears that the Operating Engineers represent a
substantial number of the employees of the Company in the unit it
alleges to be appropriate.8 A statement of the Trial Examiner at
-I-
3 The Field Examiner reported that the Operating Engineers submitted four authorization
cards, three of which contained apparently genuine signatures . Two of the three appar-
ently genuine signatures were the names of employees listed on the Company's pay roll
of October 1, 1941. There are nine employees in the unit claimed by the Operating
Engineers.
LEVINGSTON SHIPBUILDING COMPANY • 885
the hearing, based upon an examination of membership, cards, indi-,
cates that the Machinists, the Pipe Fitters, and the Boilermakers,
respectively, have been designated as bargaining representatives by
a substantial number of the Company's employees within the units
alleged by each to be appropriate.'
We find that questions have arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company,
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Machinists seek a unit composed of all machinists, machinists'
apprentices and helpers, and welders working with the machinists,
excluding supervisory employees.5
The Pipe Fitters claim all marine pipe fitters," coppersmiths, ap-
prentices, helpers, welders working with pipe fitters and coppersmiths,
pipe foremen, and general foremen* as an appropriate unit.
The Operating Engineers contend that all crane operators and
helpers ,7 excluding operators of trucks equipped with winches, consti-
tute an appropriate unit. The crane operators and helpers have no
separate foreman but come under the supervision of the various depart-
ment heads with whom they work.
The Boilermakers claim the shipfitters, welders (not including those
claimed by the Machinists or by the Pipe Fitters), riggers, mold loft
' The Trial Examiner stated • ( 1) that 28 membership cards submitted by the Machinists
contained the names of employees listed as machinists on the Company's pay roll of
November 18,4941; (2) that 9 of the 15 membership cards submitted by the Pipe Fitters
contained the names of employees listed as pipe fitters on the Company 's pay roll of
November 18, 1941 ; ( 3) that the Boilermakers submitted a petition containing the names
of 56 employees listed as'shipfitters or as welders on the Company's pay roll of November
18, 1941.
There are approximately 62 employees in the unit claimed by the Machinists ; 35 in the
unit claimed by the Pipe Fitters ; 238 in the unit claimed by the Boilermakers.
5 The Machinists stated that it claimed jurisdiction over all supervisory employees,
except Superintendent McGill, but that it desired to exclude them "for the purpose of the
vote." We construe this to mean that it desired to exclude supervisory employees from
the appropriate unit. -
'The record indicates, and we find , that the operators of pipe-threading machines are
pipe fitters.
7 The Operating Engineers claim the helpers who fire, oil and maintain the cranes ; the
Boilermakers claim the hook-up men.
886 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
workers, hook-up men, all specialty machine operators except one who
files carpenters' saws, and sandblasters and laborers doing the work
of boilermakers, and all supervisors in these classes who are paid
by the hour.
The Company takes no position with respect to the appropriate unit
or units. No other labor organization is now seeking to represent
any employees of the Company.
As noted above, the Pipe Fitters and the Boilermakers requested
that supervisory employees should be included in their respective units
while the Machinists asked that they should be excluded. There are
no supervisory employees among the crane operators and helpers, the
unit claimed by the Operating Engineers. We are of the opinion that
supervisory employees should be excluded from all units.8
We find that each of the following groups constitutes a unit appro-
priate for the purposes of collective bargaining: (1) all machinists,
machinists' apprentices and helpers, and welders working with the
machinists, excluding supervisory employees; (2) all marine pipe fit-
ters, coppersmiths, apprentices, helpers, and welders working with
pipe fitters and coppersmiths, excluding supervisory employees; (3)
all crane operators and helpers; and (4) all employees working as
shipfitters, welders (not including those included with the Machinists
or with the Pipe Fitters), riggers, mold loft workers, hook-up men,
all specialty machine operators except the one filing carpenters' saws,
and sandblasters and laborers doing the work of boilermakers, exclud-
ing supervisory employees. We also ' find that such units will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions which have arisen concerning the repre-
sentation of employees of the Company can best be resolved by means
of elections by secret ballot and we shall so direct. In accordance
with our usual practice, we shall direct that,all employees of the
Company in each of the appropriate units who were employed during
the pay-roll period immediately preceding the date of this Direction
of Elections, subject to the limitations and additions set forth in the
Direction, shall be elegible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
a See Matter of Hagman Towing Company and Inland Boatmen's Division of National
Maritime Union, 32 N. L. R. B., No. 19.
LEVINGSTON SHIPBUILDING COMPANY 887
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Levingston Shipbuilding Company, Orange,
Texas, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All machinists, machinists' apprentices and helpers, and Welders
working with the machinists, excluding supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. All marine pipe fitters, coppersmiths, apprentices, helpers, and
welders working With pipe fitters and coppersmiths, excluding super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
4. All crane operators and helpers constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
5. All shipfitters, welders (not including those included with the
Machinists or Pipe Fitters), riggers, mold loft workers, hook-up men,
all specialty machine operators except the one filing carpenters' saws,
and sandblasters and laborers doing the work of Boilermakers, ex-
cluding supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the National Labor Relations Act.
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 Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Levingston Shipbuilding Company, Orange, Texas, elections by
secret ballot shall be conducted as soon 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 9, of said Rules and Regulations,
among all employees of the Company's plant in each of the four groups
described below who were employed during the pay-roll period imme-
diately preceding the date of this Direction, including employees who
did not work during such pay-roll period because they were ill or on
888 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding all supervisory em-
ployees and employees who have since quit or been discharged for
cause:
1. Among all machinists, machinists' apprentices and helpers, and
welders working with the machinists to determine whether or not they
desire to be represented by the International Association of Machinists,
Local No. 1457, affiliated with the American Federation of Labor;
2. Among all marine pipe fitters, coppersmiths, apprentices, helpers,
and welders working with pipe fitters and coppersmiths to determine
whether or not they desire to be represented by the Marine Pipe Fit-
ters and Welders and Apprentices, Local No. 414;
3. Among all crane operators and helpers to determine whether or
not they desire to be represented by the International Union of Operat-
ing Engineers, Local No. 450; and
4. Among all shipfitters, welders (not including those included
with the Machinists or with the Pipe Fitters), riggers, mold loft work-
ers, hook-up men, all specialty machine operators except the one filing
carpenters' saws, and sandblasters and laborers doing the work of
boilermakers to determine whether or not they desire to be represented
by the International Brotherhood of Boilermakers, Iron Shipbuilders
and Helpers of America, Local No. 408.