Marine Iron Works, Inc

National Labor Relations Board - Board Decisions

Jan 3, 1944

54 N.L.R.B. 244 (N.L.R.B. 1944)

In the Matter ,of MARINE IRON WORKS, INC. and UNITED BROTHER-
HOOD OF WELDORS , CUTTERS AND HELPERS OF AMERICA LOCAL No. 3
Case No. 19-R-9'7'9.Decided January 3, 1944
Mr. C. M. Hansen, of Tacoma, Wash., for the Company.
Mr. Merle A. Masteller, of Tacoma, Wash., for the Weldors.
Mr. L. Presley Gill, of Seattle, Wash., for the Metal Trades Council
and affiliates.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by United Brotherhood of Weldors,
Cutters and Helpers of America, Local No. 3, herein called the
Weldors, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Marine Iron Works, Inc.,
Tacoma, Washington, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon. due'
notice before John E. Hedrick, Trial Examiner. Said hearing was
held at Tacoma, Washington, on September 25, 1943. The Company,
the Weldors, and Tacoma Metal Trades Council, herein called the
MTC, on behalf of Blacksmiths' Union No. 209, Shopmen's Union No.
581, and Machinists' Union No. 297, appeared and participated. All
parties were afforded full opportunity 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. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDING OF FACT
1. THE BUSINESS OF THE COMPANY
Marine Iron Works, Inc., a Washington corporation, with its
office and plant at Tacoma, Washington, is engaged in the manu-
54 N. L. R. B., No. 31.
244
MARINE IRON WORKS, INC. 245
facture and sale of all types of iron and steel products. Virtually all
of its products are manufactured pursuant to contracts with other
firms. The principal raw materials used by the Company are steel
billets, plates, castings, iron and bronze, most of which is shipped to
the plant from points within the State of Washington. It is esti-
mated, however, that approximately 75 percent of the raw materials
is shipped to the Company's vendors from points outside the State of
Washington. During the period from June 1, 1942, to June 1, 1943,
the Company's purchases of raw materials amounted in value to ap-
proximately $100,000. During the same period, the Company manu-
factured products valued at approximately $200,000, approximately
15 to 20 percent of which was sold and shipped to points outside the
State of Washington. Over 99 percent of the Company's production
is devoted to the war effort.
The Company admits and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Brotherhood of Weldors, Cutters and Helpers of America,
Local 3, is an unaffiliated labor organization admitting to membership
employees of the Company.
Tacoma Metal Trades Council is a labor organization, affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company through its affiliates, International Associa-
tion of Machinists, Cascade Lodge No. 297, Bridge Structural and
Ornamental Iron Workers, Shopmen's Local No. 581, and Interna-
tional Brotherhood of Blacksmiths, Drop Forgers and Helpers,
Local No. 204.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION IN AN
APPROPRIATE UNION
The Weldors contends that all welders, cutters, and their respective
helpers in the Company's employ constitute an appropriate unit. The
MTC and the Company contend that a separate unit of welders would
be inappropriate, claiming that there are no welders, as such, in the
employ of the Company. ,
The Company's operations are carried on at its main plant and at
a smaller shop about a half mile away from the main plant. The
main plant operations are divided into a blacksmith shop, machine
shop, and a structural shop, and the contracts of the MTC affiliates
cover units coincident with these divisions of the Company's opera-
tions. All of the employees at the smaller detached shop are machin-
ists and are covered by the Company's contract with the IAM.
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In the structural shop at the main plant are 8 men who spend most
of their time at various welding operations, while 3 others do most
of the cutting that is done with the torch. These employees spend
about 90 percent of their time in the structural shop, and have been
considered by the Company and by the MTC as coming under the
jurisdiction of the Iron Workers. They are -under the supervision
of the foreman of the structural shop. At the `present time they
spend from 75 to 80 percent of their time in welding or cutting, while
the remainder of their time is spent in lay-out work, riveting, and
• such other tasks as are assigned to them by the structural foreman.
The Company's operations are conducted solely pursuant to contracts
with other concerns, and the type of work which the employees may
have to do at any particular time is determined by the nature of the
work required by the contracts upon which the Company is working
at the ,time. The, Company has pointed out that the work -required
by some of its contracts may not require the services of welders and
that, unless it is free to transfer employees from welding to other
functions, it would be forced to lay them off and to seek new employees.
We find that the unit proposed by the Weldors is inappropriate for
the purposes of collective bargaining.1
We accordingly find that no question has arisen concerning the
representation of employees of the Company in an appropriate bar-
gaining unit. The petition for investigation and certification of rep
resentatives will be dismissed.
ORDER
Upon the basis of the foregoing findings, of fact and the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
filed by United Brotherhood of Weldors, Cutters and Helpers of
America, Local No. 3, be, and it hereby is, dismissed.
MR. GERARD D. REILLY took no part in the consideration of the
above Ddcision and Order.
1 Matter of Port Houston Iron Works, 46 N. L. It. B. 155.