Pendleton Shipyards Co., Inc.

National Labor Relations Board - Board Decisions

Jul 21, 1945

62 N.L.R.B. 1409 (N.L.R.B. 1945)

In the Matter of PENDLETON SHIPYARDS COMPANY, INCORPORATED and
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS , IRON SHIPBUILDERS,
AND HELPERS OF AMERICA , A. F. L., LOCALS 37 AND A-27
Case No. 13-R-1321.-Decided July 21, 1945
Mr. Robert W. Elsasser, of New Orleans, La., and Monroe and Leniann,
by Mr. Nicholas Callan, of New Orleans, La., for the Company.
Messrs. Bentley G. Byrnes, Emmett Charbonnet, M. T. Wilson and
E. C. Alexander, Jr., all of New Orleans, La., for the Union.
Miss Helen Hart, of counsel to the Board.
DECISION
0 AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Brotherhood of
Boilermakers, Iron Shipbuilders and Helpers of America, Locals 37 and
A-27, A. F. L., herein collectively called the Union, alleging that a question
affecting commerce had arisen concerning the representation of employees
of Pendleton Shipyards Company, Incorporated, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Walter Wilbur, Trial Examiner. Said hear-
ing was held at New O2-leans, Louisiana, on April 27, 1945. The Company
and the Union appeared,' participated, and 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:
I Congress of Industiial Organizations , Industrial Union of Marine and Shipbuilding Workers
of America, CIO, Iron Workers & Riggers Union, AFL, Local 58; and International Hod-Carriers,
Building & Common Laborers Union of America, AFL, Local 689, were served with Notice of
Hearing but failed to appear
62 N.L. R B. No. 192.
1409
1410 DECISIONS OF -NATIONAL LA130R RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pendleton Shipyards Company, Incorporated, a Louisiana corporation,
owns and operates its only shipyard in New Orleans, Louisiana, which is
engaged in ship repair and conversion and in the manufacture of marine
equipment. Until August 31, 1944, it was also engaged in the construction
of new ships. During 1944, the Company purchased materials valued in
excess of $1,250,000, of which between 50 and 85 percent was transported
to its shipyard from points outside the State of Louisiana. During the same
year, the Company completed work amounting in value to more than
$6,500,000, which was delivered to the United States Government, and
it constructed six vessels, valued in excess of $6,500.000, for the United
States Government.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
International Brotherhood of Boilermakers, Iron Shipbuilders avid Help-
ers of America, Locals 37 and A-27, affiliated with the American Federa-
tion of Labor, are labor 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 certain of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees in
the unit hereinafter found appropriate.-
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
There is no past history of collective bargaining at the Company's ship-
yard. The Union contends that the following unit of employees is appro-
priate : all boilermakers, shipfitters. burners, welders, riggers in the rigging
department, and riggers attached to crane operations, loftsmen, lay-out
men, hookerons or groundsmen, erectors, steel checkers, tank testers, chip-
pers or caulkers, scalers, anglesmiths or flangers, roll operators, toolroom
aThe Field Examiner reported that the Union submitted 335 cards and that there are 504 em-
ployees in the alleged appropriate unit
1'l^^ul.hri)^ 5llll'V\RDS (0t1P-A\Y, INCORPORATED 1411
employees who handle tools for these classifications, the production depart-
ment labor pool,' and leadmen in any of these classifications, excluding all
maintenance employees, office employees, clerical employees, supervisory
employees, and all other employees. The Company opposes this unit and
maintains that a plant-wide unit, including all the employees in the ship-
yard, except office employees, clerical employees, administrative employees,
and supervisory employees, is appropriate ; in any event, it would exclude
the production department labor-pool from the grouping proposed by the
Union.
The Company employs approximately 1,359 workers. Excluding the
administrative and personnel divisions, the operations at the shipyard are
divided, in general, into the following departments : production, engineer-
ing and production records, material control and purchasing, safety and
plant-protection, and plant maintenance. The Union is seeking a unit of
all the employees in the production department, including that department's
labor pool, with the exception of certain craft groups: namely, carpenters,
blacksmiths, crane operators, electricians, machinists, painters, outfitters,
pipe fitters, and sheet metal workers. The production department of the
shipyard is concerned with the repair, alteration, and construction of ships
under Army, Navy, and Maritime Commission contracts it is under the
separate supervision of a General Superintendent and an Associate Gen-
eral Superintendent. Up to the present time, the production department
has operated on a completely separate basis from the other departments
and its functions are distinguishable from that of other departments in
the shipyard.
According, to the testimony of the vice president of_the Company, the
pay-roll classifications in the production department represent separate
groups and skills. However, the job descriptions of the classification in
the Union's proposed unit, given by the Union's representative at the hear-
ing, indicate that these employees are closely allied by the nature of their
work. They perform functions pertaining to the superstructure of the ship,
or the tanks or boilers thereon, or they perform operations directly assist-
ing the employees working on the structural part of the vessel. The pro-
duction department labor pool is classified by the Company as part of the
rigging division of the production department and the evidence reveals that
pool employees work a majority of the time with the employees in the
classifications sought by the Union. The craft groups which the Union
seeks to exclude from the unit do not appear to perform work closely related
to that of the other employees in the production department. These crafts
are also ineligible for membership in the Union and the Union, therefore,
does not seek to represent them.
3 The Union contends that these workers are, in fact, helpers to employees in the enumerated
classifications
1412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In view of the foregoing facts, we are of the opinion that a unit of pro-
duction department employees , excluding certain crafts specified above, is
appropriate.
Accordingly , we find that all boilermakers , shipfitters , burners, welders,
riggers in the rigging department , and riggers attached to crane operators,
loftsmen , lay-out men , hookerons or ground men , erectors , steel checkers,
tank testers , chippers or caulkers, scalers , anglesmiths or hangers, roll oper-
ators, toolroom employees who handle tools for these classifications, the
production department labor pool, and leadmen in any of these classifica-
tions,' but excluding all maintenance -employees, office employees , clerical
employees , all supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of employees,
or effectively recommend such action , and all other employees, 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 employees in
the appropriate unit who were employed during the pay-roll period immedi-
ately 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
1elations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of the National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Pendleton Shipyards Com-
pany, Incorporated, New Orleans, Louisiana, 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 Fifteenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees in
the unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period because
4It does not appear that leadmen possess supervisory authority within the meaning of our cus-
tomary definition
6 Although the Union 's representative requested that it be designated on the ballot as "Interna-
tional Brotherhood of Boilermakers ," since the Locals appear to be the real parties in interest, we
shall not grant the application
PENDLETON SHIPYARDS COMPANY, INCORPORATED 1413
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 employees 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 repre-
sented by International Brotherhood of Boilermakers, Iron Shipbuilders
and Helpers of America , Locals 37 and A-27, A. F. L., for the purposes
of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.