Miami Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Dec 16, 1944

59 N.L.R.B. 1101 (N.L.R.B. 1944)

In the Matter Of MIAMI SHIPBUILDING CORPORATION and INDUSTRIAL
UNION OF MARINE & SHIPBUILDING WORKERS OF AMERICA-CIO
Case No. 10-R-1348.-Decided December 16, 1944
Messrs. Ralph, W. Kendall and--Horace E. Loomis, of Miami, Fla.,
for the Company. ' '
Mr. Charles N. Smolikoff, of Miami, Fla., for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Industrial Union of Marine & Ship-
building Workers of America-CIO, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of, employees, of Miami Shipbuilding Corporation, Miami,
Florida, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Paul S. Kuelthau, Trial Examiner. Said hearing was held at Miami,
Florida, on November 21, 1944. The Company and the Union ap-
peared 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. At the hearing, the Company moved to
dismiss the Union's petition- on the ground that there have been two
prior elections., among: the same employees in which the- Union par,-
ticipated, both of which the Union lost. The Trial Examiner reserved
ruling on the Company's motion for the Board's determination. For
reasons stated in Section III, infra, the Company's motion is hereby
denied. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Florida corporation engaged in the operation of
shipyards. The Company's work consists almost entirely of repairing
59 N. L . B. B., No. 196. 1101
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ships for the United States Navy. The repair work amounts to more
than $100,000 in value annually and the raw materials used in making
such repairs amount to more than $100,000 in value annually, of which
more than 25 percent is shipped from sources outside of the State of
Florida.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE' ORGANIZATION INVOLVED
Industrial Union of Marine & Shipbuilding Workers of America
is a 'labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of its guards until the Union
has been certified by the Board in an appropriate unit.
On June 1, 1943, there was an election among the Company's
guards in which an affiliate of the American Federation of Labor
took part. On that occasion, the employees designated no bargain-
ing representative. On June 18, 1943`, and again on March 23, 1944,
elections were conducted under the auspices of the Board among the
same employees. In each of these elections, the Union participated
and lost. At the last election, there were 21 votes for the Union and
21 votes against it'
The Company contends that the present petition should be dis-
missed in view of the fact that the two previous elections involving
the same union did not result in the selection of a bargaining repre-
sentative. Approximately 8 months have elapsed since the last elec-
tion. The record discloses that the Union has submitted application
cards bearing the names of a substantially larger number of em-
ployees than the number of votes cast for the Union in the last elec-
tion.2 All of these cards are dated subsequent to the election of
March 23, 1944. Since no collective bargaining representative was
chosen as a result of that election and in view of the Union's show-
ing, we believe that an election should be directed at this time.
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.
1 Matter of Miami Shipbuilding Corporation , 55 N. L . R. B. 123.
2 The Field Examiner reported that the Union submitted 32 application cards, 28 of
which bore the names of persons listed on the Company ' s pay roll of October 22, 1944,
which contained the names of 46 employees in the appropriate unit. The cards were
dated from May through November . Prior to the last election , the Union submitted 20
cards which checked with the pay roll.
MIAMI SHIPBUILDING CORPORATION 1103
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties and
the record, that all guards of the Company's Miami plant, excluding
the captain, the assistant chiefs, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. In accordance with its request, we shall designate the
Union on the ballot as Guards Division, Industrial Union of Marine
& Shipbuilding Workers of America-CIO.
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIREOTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Miami Shipbuild-
ing Corporation, Miami, Florida, 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, under the direction and supervision of the
Regional Director for the Tenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were employed
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 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 em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Guards Division, In-
dustrial Union of Marine & Shipbuilding Workers of America-CIO,
for the purposes of collective bargaining.
618683-45-vol. 59-71