Todd-Johnson Dry Docks Inc.

National Labor Relations Board - Board Decisions

Aug 22, 1941

34 N.L.R.B. 736 (N.L.R.B. 1941)

In the Matter of TODD-JOHNSON DRY DOCKS INC. and AMERICAN
FEDERATION OF LABOR
In the Matter of ToDD-JOHNSON DRY DocKs'INC . and SHIP CARPENTERS,
CAULKERS & JOINERS, LOCAL 584, AFFILIATED WITH AFL
In the Matter of TODD-JOHNSON DRY DOCKS INC. and INTERNATIONAL
UNION OF HOD CARRIERS, BUILDING AND COMMON LABORERS OF AMER-
ICA, MARINE DIVISION, AFFILIATED WITH AFL
In the Matter of TODD-JOHNSON DRY DOCKS INC. and INTERNATIONAL-
ASSOCIATION OF MACHINISTS, LOCAL 37, AFFILIATED WITH AFL
In the Matter of TODD-JOHNSON DRY DOCKS INC. and UNITED ASSOCIA-
TION OF PLUMBERS , STEAM AND MARINE FITTERS OF AMERICA, MARINE
FITTERS LOCAL 574, AFFILIATED WITH AFL
In the Matter of TODD-JOHNSON DRY DOCKS INC. and INTERNATIONAL
BROTHERHOOD OF BOILERMAKIiRS IRON SHIPBUILDERS AND HELPERS OF
AMERICA, AFFILIATED WITH AFL
In the Matter of TODD-JOHNSON DRY DOCKS INC. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-130, AFFILIATED
WITH AMERICAN FEDERATION OF LABOR
In the Matter of TODD -JOHNSON DRY DOCKS INC. and INTERNATIONAL
.BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND
HELPERS OF AMERICA, AFFILIATED WITH A. F. L.
In the Matter of TODD-JOHNSON DRY DOCKS INC. and INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL 406-406-A, AFFILIATED WITH
AMERICAN FEDERATION OF LABOR
In the Matter of TODD-JOHNSON DRY DOCKS INC. and SHEET METAL
WORKERS, LOCAL UNION No. 11, AFFILIATED WITH AMERICAN FEDERA-
TION OF LABOR
In the Matter of TODD -JOHNSON DRY DOCKS INC., and INTERNATIONAL
MOLDERS UNION OF NORTH AMERICA, LOCAL 367, AFFILIATED WITH
AMERICAN FEDERATION OF LABOR
In the Matter of TODD-JOHNSON DRY DOCKS INC., and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS , DROP FORGERS AND HELPERS OF
AMERICA, LOCAL 175, AFFILIATED WITH AMERICAN FEDERATION OF
LABOR
34 N. L. R. B., No. 92
736
TODD-JOHNSON DRY DOCKS INC. 737
Cases Nos. R-2844 to R-855, inclusive.-Decided August 22, 1941
Jurisdiction : ship repairing industry.
Investigation and Certification of Representatives : existence of question: par-
ties stipulated that a question concerning representation has arisen ; election
necessary.
Unit Appropriate for Collective Bargaining : all employees including specified
groups ; agreement as to.
Mr. Nicholas Callan, of New Orleans; La., for the Company.
Mr. Bentley G. Byrnes, of New Orleans, La., for the M. T. C. and
petitioning unions,
Mr. Yelverton Cowherd, of Birmingham, Ala, for the I. U. M.
Mr. Louis Cokin, of counsel to the Board.
DECISION
ANL
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 18, 23, 24, 25, 26, and 30, and July 2 and 7, 1941, re-
spectively, American Federation of Labor; Ship Carpenters, Caulkers
& Joiners, Local 584; International Union of Hod Carriers, Building
and Common Laborers of America, Marine Division; International
Association of Machinists, Local 37; United Association of Plumbers,
Steam and Marine Fitters; Local 574; International Brotherhood of
Boilermakers, Iron Shipbuilders and Helpers of America; Interna-
tional Brotherhood of Electrical Workers. Local B-130; Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America; Internititional Union of Operating Engineers,
Local 406-406-A; Sheet Metal Workers, Local Union No. 11; In-
ternational Molders Union of North America, Local 367; and In-
ternational Brotherhood of Blacksmiths, Drop Forgers and Helpers
of America, Local 175, all of which are affiliated with the New
Orleans Metal Trades Council, herein called the M. T. C., filed sepa-
rate petitions with the Regional Director for the Fifteenth Region
(New Orleans, Louisiana) each alleging that a question affecting
commerce had arisen concerning the representation of employees of
Todd-Johnson Dry Dbcks, Inc., New Orleans, Louisiana, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On July 15, 1941,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3,
of National Labor Relations Board Rules and Regulations-Series
738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2, as amended, ordered an investigation in each case and authorized
the Regional Director to conduct it and to provide for an appro-
priate hearing upon due notice, and, acting pursuant to Article III,
Section 10 (c), (2), of said Rules and Regulations, ordered that the
12 cases be consolidated.
On July 26, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the petitioning
unions, the M. T. C., and International Union of Marine and Ship-
building Workers of America, Local 29, affiliated with the C. I. 0.,
herein called the I U. M., a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on August 6, 1941, at New Orleans, Louisiana,
before C. Paul Barker, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, the M. T. C., and the I. U. M.
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Todd-Johnson Dry Docks, Inc., is a Delaware corporation with its
offices, shipyards, and. drydocks located on the Mississippi River at
New Orleans, Louisiana. It is engaged in the drydock and repair
of "vessels of all flags in foreign and coast-wide trade, and boats and
barges in river and inland waters trade, as well as harbor craft and
Government-owned vessels." The Company operates two plants or
yards, some 6 miles apart, called "upper plant" and "lower plant."
The two yards operate as one unit, the men being hired at the same
place and the workmen being interchangeable. During 1940 the
Company's,pay roll exceeded $1,000,000, and it purchased raw mate-
rials valued in excess of $500,000, all of which raw materials originated
outside the State of Louisiana, with the exception of some minor
amounts of lumber. Its total volume of business in 1940 was in excess
of $4,000,000. The Company admits that it is engaged in commerce
within the meaning of the Act.
IT. THE ORGANIZATIONS INVOLVED
Ship Carpenters, Caulkers & Joiners, Local 584; International
Union of Hod Carriers, Building and Common Laborers of America,
TODD-JOHNSON DRY DOCKS INC. . 739
Marine Division; International Association of Machinists, Local 37;
United Association of Plumbers, Steam and Marine Fitters, Local 574;
International Brotherhood of Boilermakers, Iron Shipbuilders and
Helpers of America; International Brotherhood of Electrical Work-
ers, Local B-130; International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America ; International Union of Op-
erating Engineers, Local 406-406-A; Sheet Metal Workers, Local
Union No. 11; International Molders Union of North America, Local
367; International Brotherhood of Blacksmiths, Drop Forgers and
Helpers of America, Local 175, and the New Orleans Metal Trades
Council, are labor organizations affiliated with the American Federa-
tion of Labor. They admit to membership employees of the Company.
Industrial Union of Marine and Shipbuilding Workers of America,
Local 29, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company, the M. T. C., and the I. U. M. stipulated at the hear-
ing that a question concerning representation of employees of the
Company has arisen . On April 22,1940, the Company and the I. U. M.
entered into an exclusive bargaining contract covering the employees
involved herein. The contract provides that it is terminable upon
45 days' notice by either party thereto. It is apparent that such con-
tract does not constitute a bar to a present determination of repre-
sentatives. The parties stipulated at the hearing that the M. T. C. and
the I. U. M. each represent a substantial number of employees of 'the
Company.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning 'representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the M. T. C., and the I. U. M. agreed at the hearing,
and we find, that all employees of the Company, including the em-
740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees listed in Appendix C, but excluding the- employees listed in
Appendices A and B, constitute a unit appropriate for the purposes
of collective bargaining. We further find that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot., All the parties agreed at the hearing that employees eligible
to vote shall be those in the appropriate unit who worked at least once
in each of the following periods : (a) the 4 pay-roll weeks ending May
14, May 21, May 28, and June 4, 1941; (b) the 4 pay-roll weeks ending
June 11, June 18, June 25, and July 2, 1941; (c) the 4 pay-roll weeks
ending July 9, July 16, July 23, and July 30, 1941. We shall adopt
the agreement of the parties as to eligibility, subject'to the limitations
and additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
- CONCLUSIONS OF LA,w
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Todd-Johnson Dry Docks Inc., New Or-
leans, Louisiana, within the meaning of Section 9 (c) and Section 2
(6) -and (7) of the National Labor Relations Act.
2. All employees of the Company, including the employees listed
in Appendix C, but excluding the employees listed in Appendices
A and B, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with the Todd-Johnson Dry Docks Inc., New Orleans, Louisiana, an
election by secret ballot shall be conducted as soon as possible, but not
TODD-JOHNSON DRY DOCKS INC. 741
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, Section 9, of said Rules and Regula-
tions, among all employees of the Company who worked at least once
during each of the following periods: (a) the 4 pay-roll weeks ending
May 14, May 21, May 28, and June 4, 1941; (b) the 4 pay-roll weeks
ending June 11, June 18, June 25, and July 2, 1941; (c) the 4 pay-roll
weeks ending July 9, July 16, July 23, and July 30,1941, including the
employees listed in Appendix 'C, but excluding the employees listed
in Appendices A and B and employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Industrial Union of Marine and Shipbuilding Workers of
America, Local 29, affiliated with the Congress of Industrial Organi-
zations, or by New Orleans Metal Trades Council, affiliated with the
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.
MR. WILLIAM M. LEisnRsoN took no part in the consideration of the
above-Decision and Direction of Election.
APPENDIX A
Administration:
President
Vice-President
Secretary-Treasurer
Supervision:
General Superintendent
Assistant General Superin-
tendent
General Ofce :
Auditor
All Clerks
Typist
Office Boy
Telephone Operator
Secretary-Stenographers
Paymaster and Timekeepers:
Paymaster :
All Clerks
All Timekeepers
Purchasing Department:
Purchasing Agent
All Clerks
Sales :
All Solicitors
Estimating:
Estimator
Miscellaneous:
Night Superintendent
Draftsmen
Bookkeepers
General Foreman
Dock Master
Assistant Dock Master
451269-42-vol. 34- 48
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
Foremen Watchmen
Assistant Foremen Safety Engineer
Salaried leadermen, snappers, or
pushers
APPENDIX C
Storeroom employees Off-and-on leadermen, snappers,
Floading equipment crew or pushers
Hourly-paid leadermen, snappers, Porter
or pushers