Todd Shipyards Corp.

National Labor Relations Board - Board Decisions

Dec 17, 1945

64 N.L.R.B. 1411 (N.L.R.B. 1945)

In the Matter of TODD SHIPYARDS CORPORATION, Los ANGELES YARD
and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF
AMERICA, C. 1. 0.
-Cases Nos. 21-R-2963 and .1-R-2965.-Decided December 17, 1945
Messrs. J. Howard Sullivan and Frank B. Hawes, Jr., both of Los
Angeles, Calif., and Mr. Sydney H. Reynolds, of San Pedro, Calif.,
for the Company.
Messrs. William Smith and T. T. Morris, both of Wilmington,
Calif., for the Union.
Mr. David V. Eas ton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE C 1SE
Upon two separate petitions duly filed by Industrial Union of
Marine and Shipbuilding Workers of America, CIO, herein called
the Union, alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Todd Shipyards Corpo-
ration, Los Angeles Yard, San Pedro, California, herein called the
Company, the National Labor Relations Board consolidated the cases
by an order dated July 27, 1945, and provided for an appropriate
hearing upon due notice before William T. Whitsett, Trial Examiner.
The hearing was held at Los Angeles, California, on August 6, 1945.
The Company and the Union appeared and participated. All par-
ties 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 preju-
-dicial error and are hereby affirmed. All parties were afforded op,-
;portunity to file briefs with the Board.
64 N L. R B, No. 233.
1411
1412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board snakes the following
FINDINGS OF FAGT
I. THE BCSINESS OF THE COMI'ANY
Todd Shipyards Corporation, a New York corporation with its
main office in New York, presently operates the plant and facilities
of the Los Angeles Shipbuilding and Drydock Corporation at San
Pedro, California. We are concerned herein with the Company's
operations of this plant and its facilities. The Company concedes
that a certain amount of raw materials used in its operation of this
plant and facilities is shipped from points outside the State of Cali-
fornia, and "a substantial amount of interstate commerce is performed
by [the,Company] here at its plant in San Pedro, California."
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America
is a labor organization affiliated with the Congress of Industrial Or-
ganizations , 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..
Statements of a Board agent, introduced into evidence at the hear-
ing, indicate that the Union represents a substantial number of em-
ployees 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
Section 9 (c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNIT
As previously noted, the Union, which currently represents the pro-
duction and maintenance employees at the San Pedro operation, filed
two petitions herein. In .Casd No. 21-R-2963, it sought a unit of all
guards employed by the Company at its San Pedro operations, exclud-
ing the chief of guards and all captains; in Case No. 21-R-2965, it
sought a unit of all firemen and fire' department employees 2 of the
^ A Field Examiner repot ted that the Union submitted 123 application cards bearing the
names of emploN ees listed on the Company's pay roll of June 13. 1945 . There are approxi-
mately 149 employees in the appropriate unit.
2 The Union would include all employees under the supervision of the chief of firemen,
among Ni hom are three clerical employees
TODD SHIPYARDS CORPORATION, LOS ANGELES YARD 1413
Company at its San Pedro operations, excluding the chief of firemen
and captains. At the hearing it stated that it desired to represent
these two groups of employees either in a single unit or in two sepa-
rate units. The Company takes no position as to the, scope of the unit
or units; however, it contends that the plant-protection employees
should not be represented by the same labor organization that repre-
sents the production and maintenance employees, and that in any event
sergeants and lieutenants of the guards s should be excluded as super-
visory employees.
The record indicates that the guards and the firemen, together with
three clerical employees, constitute the Company's plant-protection
department. - This department is under the control of a single man-
ager. Subordinate to the manager are the chief of guards and the
chief of firemen, and next in rank to these employees are the captains
and, in the case of guards, the additional grades of lieutenants and
sergeants . The guards and firemen are not militarized. Collectively,
they are engaged in enforcing safety and disciplinary regulations and
in protecting the Company's property from espionage, theft, trespass-
ing, fire, or accident. The two groups work the same shifts, use the
same time clock, and receive the same rates of pay. The three clerical
employees who are attached to the plant-protection department are
under the supervision of the chief of firemen; their work is confined
to matters pertaining to the work of the firemen.
We find no merit in the C'ompany's contention that its plant-pro-
tection employees should not be represented by the same labor organiza-
tion which represents its production and maintenance employees.4
Consequently, since the record indicates that all plant-protection em-
ployees are within a single department, have related duties, and work
under similar conditions of employment, we are of the opinion that
they may properly comprise a single collective bargaining unit.
As previously indicated, the Company seeks the exclusion of lieuten-
ants and sergeants of the guards. The record indicates that lieutenants
and sergeants possess authority to make effective recommendations
with respect to the status of their subordinates. Accordingly, we shall
exclude them.
We find that all employees of the Company's plant-protection de-
partment, including guards, firemen and clerical employees attached
to the department, but excluding the chief of guards, guard captains,
lieutenants and sergeants, the chief of firemen, firemen captains, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
" There are no comparable i anks among tJie firemen
4 Matter of Gi eat Lakes Steel Corporation , 63 N. L R B 874 , Matter of Granite City
Steel Company, 63 N. L R. B 898 , Matter of Bethlehem Supply Company , 63 N. L R. B.
937 • Matter of Bend,v Radio Division of Bendtis Aviation Corporation, 63 N. L. R. B. 1265,
and cases cited in each.
1414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 employees
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Todd Shipyards
Corporation , Los Angeles Yard, San Pedro, California , an election by
secret ballot shall be conducted as early as possible , but not later than
sixty ( 60) days from the date of this Direction , under the direction
and supervision of the Regional Director for the Twenty-first Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu'
lations, among 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 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 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 represented
by Industrial Union of Marine and Shipbuilding Workers of America,
C. I. 0., for the purposes of collective bargaining.
MR. JOHN M. HousTON took no part in the consideration of the above
Decision and Direction of Election.