The Globe Shipbuilding Co.

National Labor Relations Board - Board Decisions

Aug 5, 1944

57 N.L.R.B. 1104 (N.L.R.B. 1944)

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In the Matter of THE GLOBE SHIPBUILDING COMPANY and UNrrED_
STEELWORKERS OF AMERICA, C. I. O.
Case No. 18-R-1031.-Decided August 5, 1944
Mr. William J. Scott, for the Board.
Hr. Barney B. Barstow, of Superior, Wis., for the Company.
Mr. Philip M. Curran, of Pittsburgh, Pa., and Mr. Paul B. Lee,
of Duluth, Minn., for the C. I. O.
' Padway and Goldberg, by Mr. I. E. Goldberg, of Milwaukee, Wis.,
and Mr. Alex L. Soroka, of Superior, Wis., for the A. F. L.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon' a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Globe Shipbuilding Company, Superior, Wisconsin, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Clarence A. Meter, Trial,
Examiner. - Said hearing was held at Superior, Wisconsin, on July 18,
1944. The Company, the C. I. 0., and Superior Metal Trades Council;
A. F. of L., herein called the 'A. F. L., appeared and participated i
All parties were afforded full opportunity to, be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The A.1 F. L. moved to dismiss the petition of the C. I. O.
on the ground that the present contract of the A: F. L. affiliates with
the Company constitutes a bar to a present election. For reasons here-
1 The A F. L intervened, by motion granted at the hearing, on behalf of the affiliated
A.-F. of L craft unions who are parties to the contract with the Company, hereinafter
discussed Also present at the hearing were representatives of the American Federation
of Labor, the Wisconsin State Federation of Labor, and each of the said contracting
unions.
57 N. L B B , No. 164. -
1104 -
THE GLOBE, SHIPBUILDING COMPANY 1105
inafter appearing, this 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 afforded an opportunity to file briefs
with the hoard.
Upon the entire record in the case, the,Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Globe Shipbuilding Company is a Wisconsin corporation hav-
ing its principal office and place of business at Superior, Wisconsin,
where it is engaged in the construction of vessels for the United States
Maritime Commission. During the year 1943, the Company used raw
materials amounting in value to more than $1,000,000, of which more
than 80 percent was delivered to the Company's shipyard from points
outside the State of Wisconsin. During the same period, the Com-
pany's finished products amounted in value to more than $5,000,000,
all of which were delivered by the Company to the United States
Maritime Commission.
The Company admits.that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
Superior Metal Trades Council, affiliated with the American Fed-
eration of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated May 2, 1944, the C. I. O. notified the Company that
it claimed to represent a majority of the Company's employees in
the appropriate unit, and requested a collective bargaining conference.
The Company replied that it had a signed agreement with the A. F. L. '
which was before the War Labor Board for approval, and requested
the C. I. O. to inform it as to the basis of its claim of majority repre-
sentation. The C. I. O. informed the Company by letter that its claim
of majority representation was based upon application cards signed
by the Company's production workers, which it would submit to this
Board. The Company made no further reply.
601248-45-vol. 57-71
i
1106 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On November 2, 1942, eight craft unions affiliated with the A. F. L.2
entered into a written contract with the Company, which, by its terms,
was retroactive to June 2, 1942, and was for the term of 1'year. On
October 20, 1943, the eight, together with two additional craft unions,
signed a second contract with the Company, effective' retroactively to
June 2," 1943.4 This latter contract provides that the wage rates
therein contained should remain in effect until June 1, 1944. Its
"Duration Clause," however, further incorporates by reference all
applicable provisions of the existing shipyard stabilization agreement,,
together with future amendments, and provides that these shall be
`effective "until the national emergency is declared ended by the Presi-
dent, of the United States of America." The A. F. L. contends that
since the contract is in effect for the duration of the present emer-
gency, it constitutes a bar to the instant proceeding. We do not, how-
ever, regard a contractof such tenure to be an exception to our estab-
lished principle that a contract of indefinite duration does not consti-
tute a bar to a determination of representatives at the end-of the first
contract year.5 Since the specific wage rate'provisions have expired,
and the contract is otherwise one of indefinite duration, we find that
the contract between the A. F. L. craft unions and the Company is
not a bar to a determination of representatives at this time.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereafter found appropriates
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.
2 The following' A F L unions executed the 1942 contract : International Bi otherhood
of Boilermakers, Iron Shipbuilders and Helpers of America; United Association of Marine
Pipe-Fitters , United Brotherhood of Carpenters and Joiners gf America , Brotherhood of
Painters ,. Decorators and'Paper Hangers of America , International Brotherhood of Elec-
trical Workers of America ; Sheet Metal, Workers International Association ; Intenational
Union of Operating Engineers , International Association of Machinists
The craft unions which executed the 1943 contract are those set forth in footnote 2,
supra, together with the following- International Brotherhood of Blacksmiths, Drop
Forgers and Helpers ; Intern ational'Brotherhood, of Teamsters , Chauffeurs , warehousemen
and Helpers of America. - '
4 The contract of October 20, 1943, was submitted to'the United States Maritime Com-
mission and to the war Labor Board for approval . some of its terms have been approved,
but others were still subject to consideration by these governmental agencies at the time
of the hearing herein
5 See Matter of The Trailer Company of America, 51 N L R. B 1106
6The Field Examiner reported that the C I. O..submitted 449 authorization and,appli-
cation cards, all dated since January 1, 1944, of which 348'bore the names of employees
whose names appeared on the Company's pay toll for the period preceding July 3, 1944,
containing approximately 1,741, names within the appropriate unit- The A F. L relies
upon the contract above mentioned as sufficiently establishing its interest we find that
the C I 0 has made a sufficient showing of designations , to warrant a determination of
representatives in this case, in view of the fact that the Company and the unions affiliated
with the A F L are parties to a closed -shop contract ', See Matter of Superior Coach
Corporation, 49 N L R B 873
THE GLOBE SHIPBUILDING COMPANY 1107
IV. THE APPROPRIATE UNIT
The parties agreed at the hearing that the appropriate unit should
comprise all, production and maintenance employees of the Com-
pany, including leadmen and production clerical employees who
handle tools or equipment, but excluding strictly clerical employees
iii all departments, general office employees, drafting department
employees, production control department employees, purchasing
department employees, timekeeping department employees, safety de
pertinent employees, guards, and janitors.
Disagreement arose at the hearing concerning the inclusion within,'
the unit, of foremen and assistant foremen. The A. V. L. contends
that they should be included, and aver's that all the affiliated A. F. L. -
craft unions have heretofore admitted them to membership and
have been bargaining on their behalf with the Company. The Com-
pany does not oppose their inclusion. The C. I. 0. contends that
they should be excluded. The record discloses that the foremen
possess authority to hire and discharge and that the assistant fore-
men can recommend hiring and discharging. We find that the fore-
men and assistant foremen are supervisory employees within the
meaning of our customary definition; we shall accordingly exclude
them. -
We find that all production and maintenance employees of the
Company at its Superior, Wisconsin, shipyard, including leadmen
and production clerical employees who handle tools or equipment,'
but excluding strictly clerical employees in all departments, general
office employees, drafting department employees, production control
department employees, purchasing department employees, timekeep-
ing department employees, safety department employees, guards,
janitors, foremen, assistant foremen, and all other supervisory-em-
ployees' 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 pur-
poses of collective bargaining within' the meaning of Section 9 (b)
of the Act. ' I I r
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-
7 The parties further agreed , in clarification of the unit, and we find , that the following
classifications are among those included within the terms of the above -described unit
steel checkers and assistant steel checkers in the ship construction department ; junior
clerks in the sheet metal department ; chief clerk in the pipe shop ; clerks in the machine
depaitment ; trial engineer and assistant master mechanic in the machine shop.
e The parties further agi eed and we find, that the following classifications are among
those excluded by the terms of the above -described unit - captain in the ship construction
department ; electric coordinator in the electric department ; junior clerks , in the pipe
shop ; secretary in the pipe shop ; and master mechanic in the machine shop
1108 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
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
Directions
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-Seiies 3, as amended, it is'
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Globe Ship-
building Company, Superior, 1Visconsin, 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 Eighteenth Region, acting
in this natter 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 em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present then-
sehees 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
they desire to be represented by United Steelworkers of America,
,C. I. 0., or by Superior Metal Trades Council, A. F. of L., for the
purposes of collective bargaining, or by neither.
CIIAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.
The C I. O. requested that it be designated on the ballot as "United Steelworkers of
America, C I . O." This request is hereby granted. The A. F. L. requested that it be
designated on the ballot as "A. F of L Affiliated Unions." We are of the opinion that
such designation is too indefinite for purposes of certification . We shall therefore desig-
nate the 1 F. L. on the ballot as "Superior Metal Trades Council, A F. of L."