Los Angeles Shipbuilding & Drydock Co.

National Labor Relations Board - Board Decisions

May 4, 1942

40 N.L.R.B. 1150 (N.L.R.B. 1942)

IN THE MATTER OF Los ANGELES SHIPBUILDING & DRYDOCK COMPANY
and PATTERN MAKERS ASSOCIATION OF Los ANGELES (A. F. OF L.)
Case No. R-3702.Decided, May 4, 1n' -
Jurisdiction : ship building and repair industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; contract with industrial union , ostensibly
covering pattern makers held under all the circumstances not to constitute
a bar to a present determination of representation for the pattern makers;
election necessary
Unit Appropriate for Collective Bargaining : determination of whether pattern
makers shall constitute a separate bargaining unit held dependent upon
election. -
Mr. Henry B. Ely, of San Pedro, Calif., for the Company.
Mr. David Sokol, of Los Angeles, Calif., for the Pattern Makers-
Association.
Cllr. Grover Johnson, of San Pedro, Calif., for the Shipbuilding
Workers.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Pattern Makers Association of Los
Angeles (A. F. of L.), herein called the Pattern Makers Association,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Los Angeles Shipbuilding & Drydock
Company, San Pedro, California, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Stanley D. Metzger, Trial Examiner. Said
hearing was held at Los Angeles, California, on April 1, 1942. The
Company, the Pattern Makers Association, and Industrial Union of
Marine and Shipbuilding Workers of America, Local No. 9, affiliated
with the Congress of Industrial Organizations, herein called the Ship-
building Workers, appeared, participated, and were afforded full op-
40 N. L R. B, No. 195
1150
LOS ANGELES SHIPBUILDING & DRYDOCK COMPANY 1151
poitunity to be heard, to examine and cross-examine witnesses, and,
to introduce evidence bearing ou the issues.. The Trial Examiner's
rulings, made at the hearing, are free from prejudicial errors and and
hereby affirmed.
Upon the entire record-in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Los Angeles Shipbuilding & Drydock Company is a California
corporation having its main office and place of business at San Pedro,
California. It is engaged in the construction of, vessels for the United
States Government and in the repair of merchant marine vessels.
During 1941 the Company purchased raw materials valued at approxi-
mately $15,500,000; 50 percent of which was shipped to the Company
from points outside the, State of California. During the same year
the Company received additional materials valued at approximately
$2,500,000 for marine repairs and other services in connection with
servicing and reconditioning of vessels. Of this amount, approxi-
mately 30 percent' was received from points outside the State of
California. .
II. THE ORGANIZATIONS INVOLVED
Pattern Makers Association of Los Angeles is a labor organization
affiliated. with the American Federation of Labor. It' admits to
membership pattern makers employed by the Company.
Industrial Union of Marine and Shipbuilding Workers of America,
Local No. 9, is a labor organization affiliated with the Congress of
Industrial Organizations.. It admits to membership employees of the
Company. ,
III. THE 'QUESTION CONCERNING` REPRESENTATION
The Company has refused to deal with the Pattern Makers Associa-
tion asserting that the unit urged is inappropriate and that the
employees' in the proposed unit are covered by a subsisting contract
between the Company and the Shipbuilding Workers.
Beginning in October 1940, the Company and the Shipbuilding
Workers entered into a series of signed contracts which provided for
exclusive recognition of the Shipbuilding Workers as the representa-
tive of all employees. The term "all employees" was construed- by
the parties to include pattern makers, the group `which the Pattern'
Makers Association seeks to represent, and the contracts contain provi:
sions setting forth wage rates for all categories of employees, includ-
ing pattern makers. By a, written supplement dated May 17, 1941, the
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
expiration dates of these' contracts were extended "during the ' period
of national emergency . . . and/or the period of 2 years, whichever
is the longer." The contracts provide for negotiations from time to
time during the term of the contracts concerning certain conditions of
work, such as vacations and rates of pay. Pursuant to these provi-
sions, the Shipbuilding Workers negotiated with the Company during
January, February, and March, 1942, purportedly in behalf of all
employees. The Company and the Shipbuilding Workers contend
that these contracts constitute a bar to the holding of an election at this
time. However, the contract is for a -term of 2 or more years, ;1 of
which will have elapsed before an election can be held. In addition, as,
disclosed in Section IV hereinafter, it is clear that despite their pres-
ent contention, both the Company and the Shipbuilding Workers have
indicated that they do not consider the contract binding upon the
pattern makers employed by the 'Company. Thus the Company has
negotiated wage increases 'and handled grievances with the Pattern
Makers Association for these employees since the contracts were exe
cuted and in January 1942 the Shipbuilding Workers, upon request by
the Office of Production Management, refused,to negotiate for the:
pattern makers. Under all the circumstances, we find that the 'con-:
tracts do not constitute a bar to a present determination of representa=
tives for the pattern makers.
At the present time there are 12 pattern makers and 1 pattern-maker
apprentice employed by the Company. A report of the Regional
Director of the Board shows that the Pattern-Makers Association,
represents all of these employees' '
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Pattern Makers Association contends that the pattern makers
and pattern=maker apprentices' employed by the Company constitute
an appropriate bargaining unit.. The Company.and the Shipbuilding
Workers contend that the appropriate unit consists of all employees of
the Company including the pattern makers and their apprentices.
The Company employs approximately 5,000 persons. The pattern
makers are located in a building separate from the quarters of most
of the employees. While this building contains several other depart-
ments, the departments are separated by wooden partitions. The
'The Regional Director verifies 13 cards of the Pattern Makers Association as bearing
the date January 23, 1942 All the signatures appear to be genuine and are those of
persons whose names appear on the Company' s pay roll of January 26, 1942.
LOS ANGELES SHIPBUILDING & DRYDOCK COMPANY 1153
section allocated to the pattern makers is the largest in the building.
The pattern makers rarely, if at all, leave their department to go into
other sections of the plant.
The Shipbuilding Workers customarily secures authorization from
employees before bargaining in their behalf. It would appear that it
had neither sought nor received such authorization from the pattern
makers, inasmuch as it admitted refusing upon request of a repre-
sentative of the Office of Production Management, to negotiate for the
pattern makers in January 1942, stating in effect that it could not
bargain for the pattern makers unless they were members of the Ship-
building Workers. The litter organization has never handled a
grievance in behalf of the pattern makers, testifying that no grievance
was ever presented to it. '
The Pattern Makers Association has supplied all pattern makers
who have been employed by the Company since November 1940.
Despite the existence of the contracts between the Company and the
Shipbuilding Workers, the Pattern Makers Association, through nego-
tiations with the Company, secured an increase in wages for the pat-
tern makers in May 1941, and again in March 1942. The pattern mak-
ers have never asked the Shipbuilding Workers to obtain a raise for
them and the Pattern Makers Association successfully handled their
only grievance with the Company.
In view of all the circumstances, we are of the opinion that the
considerations are sufficiently balanced to make the desires of the
pattern makers themselves controlling in our determination of the
type of unit through which they shall bargain.'
We shall direct that an election be held among the pattern makers
and pattern-maker apprentices employed by the Company at its plant
in San Pedro. California. Upon the results of this election will depend
our determination of the appropriate unit. If a majority of the
pattern makers and their apprentices select the Pattern Makers Asso-
ciation as their representative, they will constitute a separate and
distinct unit -at the plant; if a majority of them choose not to be
represented by the Pattern Makers Association, then the pattern
makers and their apprentices shall be considered a part of the
industrial unit existing there at the present time.
V. Ti-IE m1:7ER _?IINATiON OF REI RI:sENTATI\ ES
The question concerning representation will be resolved by the
election referred to in Section IV above. Pursuant to our usual prac-
tice, we shall direct that the employees eligible to vote shall be the
'Matter of General Elect, mc Company .mild Pattern Makers League, of North Am e,mca,
A F L, 29 N L. R B 162 Matte , of Bethlehem Steel Company ( Shmpbumldmng Division)
and Pattern-Makers League of North America, New Yor! Acsocmatmomm, 40 N' L R B 922
455771-42-vol. 40--73
1154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pattern makers and the pattern-maker apprentices employed by the
Company during the pay-roll period immediately preceding the Direc-
tion of Election, subject to the limitation and- additions set forth in the
Direction.
DIRECTION OF ELECTION
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, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Riles and Regulations-Series 2, as amended,
is is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Los Angeles Shipbuilding & Drydock Company, San Pedro, Cali-
fornia, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this
Direction of Election, under the direction and supervision of the
Regional Director for the Twenty-first 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 pattern makers
and pattern-maker apprentices employed by Los Angeles Shipbuilding
Drydock Company, San Pedro, California, who were employed by.
the Company during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay -roll period because they were ill or on vacation or in the
active military service or training of the United States, or temporarily
laid off, but excluding employees who have since quit or been dis-
charged for cause to determine whether they desire to be represented
by Pattern Makers Association of Los Angeles, A. F. of L., or by
1 ndustrial Union of Marine and Shipbuilding Workers of America,
Local No. 9, C. I. 0., for the purposes of collective bargaining, or by
neither.