Odenbach Shipbuilding Co.

National Labor Relations Board - Board Decisions

Mar 1, 1943

47 N.L.R.B. 1261 (N.L.R.B. 1943)

In the Matter of ODENBACH SHIPBUILDING COMPANY and INTERNA-,
TIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, WELDERS
AND HELPERS OF AMERICA, AFFILIATED wrm A. F. OF L.
Case No. B-4852.-Decided March 1, 1943
Jurisdiction : shipbuilding industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to bargain ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including gang leaders, stockroom and shipping room employees, but
with specified exclusions ; stipulation as to.
Messrs. John D. Sullivan and Charles D. Mercer, both of Rochester,
N. Y., for the Company.
Messrs. Ray Oberholtzer and Neil J. Cunningham, both.of Buffalo,
N. Y., and Frank Kan ty, of Rochester, N. Y., for the AFL.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
I DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by' International Brotherhood of Boiler-
makers,, Iron Shipbuilders, Welders and Helpers of America, affiliated
with the A. F. of L., herein called the AFL, alleging that a' question
affecting commerce had 'arisen concerning' the representation of em-
ployees of Odenbach Shipbuilding Company, Greece, New York, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing before Francis V. Cole, ,Trial Examiner. Said
hearing was held at Rochester, New York, on February 2, 1943. The
Company and the AFL 1 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.
1 United Electrical, Radio and Machine Workers of America, and Associated Welders of
Western New York, Inc., were duly notified of the instant proceeding but did not appear
or participate.
47 N. L. R B., No. 154.
1 1261
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Odenbach Shipbuilding Company, a New York corporation with its
plant and shipyard at Round Point, Greece, New York, is engaged in
building gasoline tankers for the United States War Department.
The Company receives materials valued at between $500,000f and
$1,000,000 per month for use in its operations, of which almost 80 per-
cent is shipped to it from points outside the State of New York. The
record does not indicate whether or not these materials are owned by
the Company or by the United States Government. The gasoline
,tankers are delivered to the War Department at the shipyard after
tests. The Company does not ship out any of, its finished products in
interstate commerce, and contends that it is not engaged in commerce
within the meaning of the National Labor Relations Act. We do not
agree with this contention, and find that the Company is engaged in
commerce within the meaning of the Act.2
H. THE ORGANIZATION INVOLVED
International Brotherhood of Boilermakers, Iron Shipbuilders,
Welders and Helpers of America is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the AFL as bargaining repre-
sentative for its production and maintenance employees for the follow-
ing reasons: (a) it is not engaged in interstate commerce,-and there=
fore the Board has no jurisdiction over it; (b) the' Shipbuilding Com-
mission is the proper body to deal with this proceeding; and (c) labor
organizations other than the AFL have indicated their interest in the
employees of the Company, and should be given an opportunity to
participate in any election conducted among its employees. We have
found hereinabove that the Company is engaged in commerce within
the meaning of the Act. Since this is 'a proceeding to determine rep-
resentatives of employees in a unit appropriate for the purposes of
collective bargaining, there is no question of the Board's jurisdiction.
'See Matter of Dooley 's Basin and Dry Dock, Inc. and United Brotherhood of Car-
penters and Joiners of America, Local 1594, A. F. L, 43 N. L. R B. 745; Matter of J. L.
Brandeis & Sons and Local No. 285 of the Amalgamated Clothing Woikeis of America,
47 N. L. R. B. 614 and cases cited therein.
ODENBACH SHIPBUILDING COMPANY 1263--
Furthermore, the record discloses that other labor organizations that
might be interested in this proceeding were duly notified thereof, but
did not appear or -participate. - '
A statement'of Field Examiners, introduced in evidence at the hear-
ing, indicates that- the AFL represents a substantial' number of em-
ployees •in the unit hereinafter found appropriate.8
'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.
IV. THE APPROPRIATE UNIT
In accordance with a stipulation of the parties, we find that all
production and maintenance employees of the Company, including,
gang leaders, stockroom and shipping room employees, but excluding
clerical employees, foremen and assistant foremen (if any), supervi-
sory employees above the grade of foremen, and plant police, 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 Election
herein, subject to the limitations 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 Rela-
tions 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 Odenbach Ship-
building Company, Greece, New York, 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 super-
vision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations, among the
8 The Field Examiners reported that the AFL submitted 142 designation cards bearing
apparently genuine original signatures , of which 133 bore names which appeared upon the
pay roll of the Company of January 9, 1943. Said pay roll contained 416 names in
the appropriate unit.
1
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 any such 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 any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by International
Brotherhood of Boilermakers, Iron Shipbuilders, Welders and Helpers,
of America, affiliated with the American Federation of Labor; for
the purposes of collective bargaining.
I