Pennsylvania Shipyards, Inc.

National Labor Relations Board - Board Decisions

Dec 15, 1942

45 N.L.R.B. 1363 (N.L.R.B. 1942)

In the Matter of PENNSYLVANIA SHIPYARDS, INC. and FEDERAL LABOR
- UNION - No. 23234, AFFILIATED WITH THE AMERICAN FEDERATION OF
LABOR
Case No. R-4529.-Decided December 15, 1942
Jurisdiction :-ship.constructing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition unless certification by the Board ; election
necessary. -
Unit Appropriate for Collective Bargaining : all non-supervisory employees of
specified department, excluding the, chief storekeeper and named employees
possessing supervisory powers.
Mr. G. A. McFarland, of Houston, Tex.,- and Mr. R. R. Clark, of
Beaumont, Tex., for the Company. - -
Mr. J. K. Hurley, Mr. Joseph T. Mullally, and Mr-.,H. M. Starcke,
of Beaumont, Tex., for the Union.
Mr. Louis Cokin, of counsel to the Board. -
DECISION -
AND -
DIRECTION OF ELECTION
STATEMENT OF THE CASE a
Upon petition duly filed by Federal Labor Union No. 23234, affili-
ated with the American Federation of Labor, herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Pennsylvania Shipyards, Inc.,
Beaumont, Texas, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon, due
notice before Clifford Potter, Trial Examiner. Said hearing was
held at Beaumont, Texas, on November 12, 1942. The, Company
and the, Union appeared, participated, and were afforded full oppor-
tunity 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.
Upon the entire record in the case, the Board makes the following :
45 N. L. R. B , No. 185. -
'1363
1
1364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Pennsylvania Shipyards, Inc. is a Delaware corporation with its
principal place of business at Beaumont, Texas, where it is'engaged
in the construction of ships for the United States Navy and the
United States Maritime Commission. During the 12-month period
preceding November 12, 1942, the Company purchased raw materials
,from points outside Texas, valued in excess of $5,000,000. ' During
the same period the Company completed ships valued in excess of
$5,000,000, all of which were removed from the State of Texas' by
the United States Maritime Commission or the United States Navy.
II. THE ORGANIZATION INVOLVED
Federal Labor, Union No. 23234 is a labor organization affiliated with
the American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 5, 1942, the Union requested the Company to recognize
it as the exclusive representative of certain of the Company's employees.
The Company refused this request until such time as the Union is,cer-
tified by the Board.
A statement of a Field Examiner of the Board, introduced into
,evidence at the hearing, and a statement of the Trial Examiner, indicate
that the -Union represents a 'substantial 'number of employees in the
unit hereinafter found to be appropriate.'
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 Union contends that all non-supervisory employees in Depart-
ment 18 of the Company constitute an appropriate unit. - The Compally
took no position with respect to the scope of the unit.
The Field Examiner reported that the Union presented 87 authorization cards bearing
apparently genuine signatures of persons whose names appeared on the Company's pay
roll of October 12, 1942 In addition the Union presented 9 authorization cards to the
Trial Examiner , bearing apparently genuine signatures of persons whose names appeared
on that pay roll There are approximately 130 employees in the unit hereinafter found
to be appropriate.
PENNSYLVANIA SHIPYARDS, INC. 1365
The employees in Department 18 are classified as storeroom keepers,
assistant storeroom keepers, material receiving clerks, shipping ' check-
ers, and' miscellaneous clerical employees. Department 18 is a sepa-
rate department under the jurisdiction of a department head and
employees therein perform clerical -work in connection with the
receiving and distribution of materials used by the Company. We
find that employees in Department 18 form a homogeneous group and
constitute a unit appropriate for collective bargaining purposes.
Some controversy arose at the hearing with, respect to 14 named
employees.2 The Union requests that all such employees be included
in the unit ,and the Company indicated by its examination- that it de-
sired their exclusion. J. E. Barclay is assistant to the head of Depart-
ment 18 and as such performs definite supervisory functions. We shall
exclude him from the unit. M. IT. Jones is supervisor of all electrical
stores and exercises supervisory powers. We shall exclude M. V. Jones
from 'the unit. With respect to the remainder ' of the employees in
dispute; the -record indicates that .such persons are not in fact super-
visors and we shall therefore include them in the unit.
We find that all non-supervisory employees of the Company, in
Department '18, excluding' the chief storekeeper, J. E. Barclay, and
M. V. Jones, 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
The Union seeks' to be certified on the basis of the record. The
Company stated that it preferred that the Board decide whether or not
the Union should be certified without an election. Under these cir-
cumstances, we find that the question concerning representation can
best be resolved by means of an election by secret ballot.'
The Union stated that in the event the Board directed an election,
eligibility to vote should be determined by the Company's pay roll
of November 13, 1942. The Company requested that a current pay
roll be used for that purpose. Inasmuch as no adequate reason appears
why we should depart from our usual practice, we shall direct that the
employees eligible to vote shall be those 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.
2 These persons are : J . H. Grohn, J.' K. Hurley , G. T. Peveto , 0. Puckett , C J. Glasgow,
H. A. Huff , A. H Wells, E . 0. Sheffield,' J. E. Barclay , C. A. Barrow , J. N Barriman,
M V. Jones , Ben Sullivan , and Frank Murray.
8 See Hatter of Armour & Company and United Packinghouse Workers Local Industrial
Union No. 13 of Pack'nghouse Workers Organizing Committee, affiliated with C. 1. 0, 13
N' L. R B 567.
1366 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
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-,Rglations,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 represent-
atives for the purposes of collective bargaining with Pennsylvania
Shipyards , Inc., Beaumont , Texas, 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 Sixteenth 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 employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 in the.
active military service or training of the United States , or temporarily
laid off, but excluding any who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Federal Labor Union No. 23234, affiliated with the American Feder-
ation of Labor, , for the purposes of collective bargaining.