Welding Shipyards, Inc.

National Labor Relations Board - Board Decisions

Feb 23, 1949

81 N.L.R.B. 936 (N.L.R.B. 1949)

In the Matter of WELDING SHIPYARDS , INC., EMPLOYER and INTER-
NATIONAL BROTHERHOOD OF BOILERMAKERS , IRON SHIP BUILDERS AND
HELPERS OF AMERICA, AFL; INTERNATIONAL BROTHERHOOD OF ELEC-
TRICAL WORKERS, LOCAL No. 80, AFL; INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL No. 922, AFL; BROTHERHOOD OF
PAINTERS , PAPERHANGERS AND DECORATORS OF AMERICA, LOCAL NO.
1100, AFL; UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES
OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE U. S. AND
CANADA, LOCAL No. 110, AFL; 1 UNITED BROTHERHOOD OF CARPEN-
TERS & JOINERS OF AMERICA, LOCAL No. 331, AFL; INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, LOCAL No. 822, AFL; SHEET METAL WORKERS
INTERNATIONAL ASSOCIATION OF AMERICA, LOCAL No. 87, AFL;
INTERNATIONAL UNION OF HOD CARRIERS, HELPERS AND LABORERS,
AFL, PETITIONERS
In the Matter of WELDING SHIPYARDS, INC., EMPLOYER and LODGE No.
11, INTERNATIONAL ASSOCIATION OF MACHINIST, PETITIONER
In the Matter Of WELDING SHIPYARDS, INC., EMPLOYER and LOCAL No.
79, INTERNATIONAL ASSOCIATION OF BRIDGE , STRUCTURAL AND ORNA-
MENTAL IRONWORKERS , AFL, PETITIONER
Cases N08.5-RC-80,5-RC-145, and 5-RC-151, respectively.Decided
February 23,1949
DECISION
DIRECTION OF ELECTION
AND
ORDER
Upon separate petitions duly filed, a hearing in the above-consoli-
dated cases was held before a hearing officer of the National Labor
Relations Board. At the hearing, the Employer moved to dismiss the
petitions on the grounds that (1) the Petitioners in Case No. 5-RC-80,
herein called the Joint Petitioners, although requesting an industrial
, The Petitioner's motion to correct its name filed with the Board after the close of the
hearing is hereby granted The name as corrected appears above . The names of certain
other Petitioners appear as amended at the hearing.
81 N. L. R. B., No. 143.
936
WELDING SHIPYARDS, INC. 937
unit, intend to bargain with the Employer on a craft basis; and (2)
the units requested by the Petitioner in Case No. 5-RC-145, herein
called the IAM, and the Petitioner in Case No. 5-RC-151, herein
called the Ironworkers, are inappropriate for the purposes of collec-
tive bargaining. The hearing officer referred this motion to the Board.
For reasons stated hereinafter, the motion is granted as to the peti-
tions of the IAM and the Ironworkers, but denied as to the petition
of the Joint Petitioners. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.2
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
these cases to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Joint Petitioners seek to represent a unit composed of all the
Employer's production and maintenance employees, including labor
and salvage crews, air compressor operators, janitors, warehousemen,
and leadmen, but excluding blueprint operators, first-aid men, plant
clerical employees, timekeepers, fire watchers, safety-men, inspectors,
IBM operators, mail messengers, material checkers, general office em-
ployees, guards, professional employees, and supervisors. The IAM
seeks to represent a unit composed of all the Employer's machinists,
their leadmen, and helpers, excluding supervisors. In the alternative,
the IAM would include the maintenance employees in its requested
unit, if the Board determines that these employees should be included
in that unit. The Employer agrees generally with the Joint Petition-
ers that a production and maintenance unit is appropriate, and that
the units requested by the TAM and the Ironworkers are inappropriate
for the purposes of collective bargaining.
2 After the Employer objected to the IAM's motion made near the close of the hearing
to amend its petition for the purpose of clarifying the proposed unit , the hearing officer
permitted the IAM to withdraw its motion After the close of the hearing, the IAM filed
with the Board a motion to amend its petition for the same purpose mentioned above
As it is clear that the Employer was notified of the exact description of the requested
unit before the hearing and its rights will not be prejudiced by the amendment of the
petition , the motion is hereby granted. See Matter of Detroit Edison Company, 73
N. L. it. B. 1325.
* Chairman Herzog and Members Reynolds and Gray.
938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer's operations
The Employer is engaged solely in the construction of the largest
type of oceangoing tankers at its Norfolk, Virginia, shipyard .3 11,
connection with its operations, the Employer utilizes a "one-way" con-
struction method which is unique in the shipbuilding industry.
Under this method, the Employer completes all stages of the con-
struction of a single tanker from the laying of the keel to the ship's
final launching before it begins the construction of another vessel.4
Thus, the work of all production employees is simultaneously di-
rected towards the completion of a single vessel.
The Employer's operations are organized into departments, but
for cost-accounting purposes only. Practically all the employees
sought herein are in the Hull and Machinery Departments .'5 All
production and maintenance employees, irrespective of craft or pri-
mary skill, are classified in three categories : (1) mechanics-first, sec-
ond, and third class; (2) helpers-first, second, and third class; and
(3) laborers. The shipyard is centrally supervised and a uniform
personnel policy is applied to all employees, irrespective of classi-
fication. Likewise, all employees, without distinction, receive the
same benefits and have the same general working conditions. No
distinction in wages is made on the basis of craft or primary skill.
Only one wage scale is paid within each of the afore-mentioned classi-
fications although the work of several crafts may be involved. There
is no history of collective bargaining at the Employer's operation.
The proposed machinists' unit
As indicated above, the IAM seeks to represent a machinists' craft
unit. In support of its motion to dismiss, the Employer asserts
that it is impossible to identify a craft group of machinists in its
shipyard, notwithstanding the fact that its cost-accounting records
indicate that Department 37 is composed solely of "machinists," "ma-
chinist's helpers," and "laborers." These and the Employer's other
records do not indicate the skills of the employees assigned to its
various departments, but are kept merely for the purpose of reflect-
ing the construction costs of each ship. All production employees,
irrespective of craft backgrounds or basic skills, are assigned to job
8 The Employer does not perform any ship repair work Although it was engaged in the
reconversion of vessels for a short period following World War II , at the time of the
hearing such operations had ceased
4 In most shipyards more than one way is used , with the result that, at any given time,
there may be several vessels in various stages of construction.
5 Approximately 1,200 employees are engaged in the Employer 's operations.
WELDING SHIPYARDS, INC. 939
crews for the purpose of performing specific operations in the course
of ship construction. The individual crafts do not have separate
supervision, but during each successive stage of operation the super-
visory responsibility over each job crew rests with the primary trade
or skill of the work being performed. Machinists work under the
same supervision as the other employees in their respective job crews,6
and frequently perform other than machinists' work. Thus, a ma-
chinist may perform work characteristic of the machinist craft one
day and pipe fitting work on the following day.7 All employees
possessing craft or special skills spend at least 25 percent of their
time in the performance of work that is unrelated to their primary
skills and even to the work of the departments to which they are
assigned for cost-accounting purposes.8 There is frequently inter-
change of personnel among the various departments, approximately
81/2 percent of such transfers being permanent.
In view of the foregoing, it is clear that the record does not sup-
port the appropriateness of the unit sought by the IAM. It is im-
possible to distinguish a machinists craft group from the other em-
ployees employed at the Employer's yard. Men with machinists
backgrounds, like all other production employees, are assigned to job
crews irrespective of their primary skill and are supervised fre-
quently by men possessing other craft skills. There is frequent inter-
change of employees classified as machinists for cost-accounting pur-
poses and employees possessing other craft skills or backgrounds.
The proposed unit is therefore not homogeneous or even identifiable.
Moreover, the employees sought by the IAM perform work that is
part of a highly integrated production operation. In these circum-
stances, we find that the unit requested by the IAM is inappropriate
for the purposes of collective bargaining.9 We shall therefore dis-
miss the IAM's petition.
For example, if a job crew is assigned the task of installing an electric motor, the
employees with machinists ' backgrounds in that crew work under the supervision of an
electrician leadman during such installation.
7 Recently , during a given period , 40 employees classified as machinists for cost-
accounting purposes at various times performed work customarily done by operating
engineers . Likewise , during a 3-month period before the hearing, all 13 employees in
the maintenance department , including men with machinists ' backgrounds , spent a sub-
stantial portion of their time in the performance of work that is not customarily performed
by machinists, such as pipe fitting, lubrication , and other work.
For example , during normal operations , 85 percent of the employees classified as
machinists for cost-accounting purposes performs work that is ordinarily done by employees
in other classifications . Likewise , during normal operations , from 30 to 40 percent of all
the other employees classified as craftsmen for cost-accounting purposes are assigned to
tasks other than their primary skills
9 Matter of Electric Boat Company, 80 N L . R. B. 16 ; Matter of McKelvie Machine Co.,
78 N. L R . B. 800 ; Matter of J. S. Abercrombie Company, 77 N. L. It. B . 712; Matter of
Dooley's Basin d Drydock, Inc , 43 N. L. R. B. 745.
940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The proposed unit of riggers
The Ironworkers seeks to represent what it describes as a true riggers
craft unit. As in the case of the machinists, the Employer asserts
that it is impossible to identify a unit of riggers and that such a unit
is inappropriate. Although the Employer's Department 19 is known
as the rigging department for cost-accounting purposes, this depart-
ment includes not only riggers but also crane operators and crane fire-
men. Department 36 also includes the classification of riggers (stage),
in addition to the other employees included therein. The Employer's
riggers are primarily service employees, who spend a substantial por-
tion of their time in the moving of heavy machinery and equipment in
the yard. They also assist in the installation of such machinery and
equipment in ships, splice cables, operate launches, and other water
craft, act as divers, and serve as seamen on test-trial runs. They spend
from 30 to 40 percent of their time in the performance of work that is
unrelated to their primary skill.
Virtually the same observations that have been made as to the Em-
ployer's machinists apply equally to the riggers. Like all other pro-
duction employees, they are assigned to job crews irrespective of their
primary skills, for the completion of specific work assignments. While
assigned to job crews, they are frequently supervised in their work by
leadmen of other crafts or skills. There is likewise a frequent inter-
change of personnel between the rigging and the other departments.'°
It is clear that the Employer's riggers do not constitute an identifi-
able and homogeneous craft group. Moreover, the record does not
clearly establish the craft status of these employees. We find that
the unit requested by the Ironworkers is inappropriate for the pur-
poses of collective bargaining.- Accordingly, we shall dismiss the
Ironworkers' petition.
The production and maintenance unit
The Employer and the Joint Petitioners agree generally that a
unit embracing all the production and maintenance employees at the
Employer's shipyard is appropriate. They further agree that the
classification of leadmen should be included in this unit.
As to the leadmen, the Board is not bound by the agreement of the
parties as to the non-supervisory status of these workers 12 Although
the leadmen perform manual work, the record shows that they re-
10 At the time of the hearing , four riggers were assigned for cost-accounting purposes to
the shipfitting department.
11 Matter of Electric Boat Company, supra; Matter of J. S. Abercrombie Company, supra;
Matter of McKelrie Machine Co ., supra; Matter of Dooley 's Basin & Drydock , Inc., supra.
12 Matter of The Murray Company, 77 N L. R. B. 481, and cases cited therein
'WELDING SHIPYARDS, INC. 941
sponsibly direct the work of their subordinates and have the author-
ity effectively to make recommendations to their foremen concerning
the hiring and discharge of the latter. In these circumstances, we
find that they are supervisors within the meaning of the amended Act 13
We shall therefore exclude them from the unit herein found appro-
priate.
The parties are in disagreement as to the following categories and
classifications of employees, whom the Employer would include and
the Joint Petitioners would exclude :
Draftsmen: These employees copy and trace blue prints and, from
detail prints, enlarge the work drawings used in the yard. Although
college training is not essential, a mechanical drawing background
is required. We believe that the draftsmen perform duties dissimilar
to those performed by the production and maintenance employees
and lack a close community of interest with those employees. We shall
therefore exclude them from the unit 14
Blue print operators: These employees are engaged in the operation
of blue print machines. They are located in the Administration build-
ing adjacent to the draftsmen. As their work is intimately related to
that of the latter employees, we shall excluded them from the unit.15
Business machine operators: These employees operate various IBM
equipment, such as key punch and addressograph machines. They also
make minor adjustments on the machines when breakdowns occur. Al-
though hourly rated, they work under the supervision of the general
office manager and are located in the Administration building. As
these employees are essentially office clerical employees, we shall ex-
clude them from the unit."
Engineering materials men: These employees are essentially plant
clericals who also perform material inspection work. They prepare
bills of materials from blue prints and drawings and spend a sub-
stantial portion of their time with the production employees for the
purpose of determining that proper materials are being used. They
do not exercise any supervisory authority and their work does not
affect the earnings or status of any other employees. As the engineer-
ing materials men enjoy the same working conditions as the other
hourly rated employees and as they have a close community of inter-
est with the latter, we shall include them in the unit.17
13 Matter of Brown Shipbuilding Company, Inc, 57 N L R. B 326
14 Matter of Ingersoll Milling Company , 78 N. L. R B 535 ; Matter of Kidder Press Com
pany, Inc., 74 N. L. It. B. 501, 504 ; Matter of Todd-Bath Iron*Shepbuildang Corporation,
45 N. L. R B 1367, 1370.
15 See Matter of The Ingalls Shipbuilding Corporation, 73 N L. R B. 374, 379.
14 See Matter of Bethlehem-Sparrows Point Shipyard, Inc., 65 N. L It . B. 284, 287;
Matter of Firestone Tire & Rubber Company , 62 N L it. B 942, 944.
17 See Matter of Domestic Engine d Pump Company, 70 N. L. It. B. 1263, 1264
942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Field surveyors: These employees are engaged primarily in direct-
ing the placement of heavy, structural steel. They are required to
have some degree of skill in the use of a transit. Their training and
employment are of a technical nature, and their duties and interests
are considerably different from those of the production and mainte-
nance employees. We shall exclude the field surveyors.18
Fire watchers: Employees in this classification perform the cus-
tomary duties of firefighters. In addition to their primary function of
fighting fires when they occur, they maintain all firefighting equip-
ment and perform stand-by watches in all work areas where there is
danger of the outbreak of fires. We agree with the Employer's con-
tention that the fire watchers are not employed as guards to enforce
rules against employees and others within the meaning of the Act.10
We shall include them in the unit.20
First-aid main: This employee administers first-aid to injured em-
ployees throughout the yard. As he is not engaged in production work,
and in view of the specialized character of his services, we shall ex-
clude the first-aid man from the unit.21
Inspector: The duties of the employee in this classification are con-
cerned solely with the detection of defective welding work. Upon
discovering substandard work, he reports his findings to the leadman
in charge of the job crew that completed the specific work. The
inspector is hourly rated and has the same working conditions and
benefits as the other employees. In view of the foregoing, we shall
adhere to our practice and include the inspector in the unit.22
Plant clericals: The employees in this category are located in the
plant shops and serve as clerical assistants to the yard foremen and
superintendents. They are hourly rated and have the same working
conditions and benefits as the production and maintenance employees.
In these circumstances, we shall follow Board practice and include the
plant clericals in the unit.23
Mail Messenger: This employee distributes messages and blueprints
among the foremen and other supervisors throughout the yard. The
mail messenger is essentially a plant clerical employee. He is hourly
rated and enjoys the same working conditions and benefits as the pro-
18 See Matter of Bethlehem -Hingham Shipyard, Inc., 54 N L. R. B. 631, 636
11 See Matter of Carbide and Carbon Chemicals Corporation , 79 N. L R. B 83.
20 See Matter of Marine Basin Company, 65 N. L R. B. 970, 972
21 Matter of Northwest Engineering Company, 73 N. L. R. B. 40 , 42, and cases cited
therein
22 Matter of Clayton Mduk d Company, 76 N L. R. B. 230 ; Matter of Luminous Processes,
Inc., 71 N L R B. 405, 407, 408, and cases cited therein.
23 Matter of Goodman Manufacturing Company, 58 N. L. R. B . 531 ; Matter of Art Metal
Construction Company, 75 N. L. R. B. 80; Matter of Clayton Mark d Company , supra, and
cases cited therein.
WELDING SHIPYARDS, INC. 943
duction and maintenance employees. We shall therefore include him
in the unit.24
Timekeepers : These employees keep the time records of the produc-
tion workers and face check the latter of their respective jobs. They
are hourly rated, and their working conditions and benefits are similar
to those of the production and maintenance employees. As the time-
keepers are , in fact, plant clericals , we shall include them in the unit.25
Material checkers: Employees in this classification work under the
supervision of the material superintendent. They check the quantity
and quality of incoming materials . Their duties also require that they
perform manual work, such as lifting heavy objects, throughout the
yard. The material checkers are hourly rated, and work under the
same conditions and have the same benefits as the production and
maintenance employees. We shall include them in the unit 26
Storekeepers: The duties of these employees consists of storing and
keeping records of materials, and issuing items as needed to the pro-
duction and maintenance employees. We shall include the store-
keepers in the unit?'
Transportation personnel: The two employees in this category are
truck drivers who operate vehicles that transport materials and equip-
ment about the yard. In addition, they transport production and
maintenance workers between the yard and the hospital. They are
hourly rated, and work under the same conditions and have the same'
benefits as the production and maintenance employees. We shall in-
clude the transportation personnel in the unit 28
Watchmen: Although they patrol the yard and ships undergoing
construction, these employees spend about 60 percent of their time
performing maintenance work, such as operating coffer dam pumps,
and assisting timekeepers at the gate. Three men in this classifica-
tion are deputized,2s but none is uniformed or carries arms. In these
circumstances we find that these employees are not employed as guards
within the meaning of Section 9 (b) (3) of the Act, but are primarily
maintenance workers. We shall therefore include them in the unit.-
24 Matter of Servel , Inc., 65 N L R B 1067 , 1069 ; and Matter of Indianapolis Power
t Light Company, 62 N L R . B 1279, 1282, 1283.
25 Matter of Northwest Engineering Company, 73 N. L. R. B. 40; and Matter of Art Metal
Construction Company, supra
28 Matter of Domestic Engine & Pump Company, 70 N. L R B. 1263, 1266
27 Matter of Grand Central Airport Company, 70 N. L R. B. 1094, 1096 ; Matter of Vulcan
Mold and Iron Company, 62 N L R. B. 1219, 1222.
25 Matter of Stonewall Cotton Malls, 75 N. L R . B. 762, 766.
20 Employees Smith, Ballance, and Morse.
80 Matter of Radio Corporation of America (R. C. A. Victor Division ), 76 N L R. B.
826; Matter of Steelweld Equipment Company, Inc ., 76 N. L. R. B 831; and Matter of
General Electric Company ( Kentucky Glass Works ), 76 N. L. R. B. 995.
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that the following employees of the Employer constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act :
All production and maintenance employees, including the labor and
salvage crews, air compressor operators, janitors, warehousemen, tool-
room keepers, engineering materials men, plant clericals, timekeep-
ers, material checkers, transportation personnel, mail messenger, fire
watchers, storekeepers, and the inspector, but excluding draftsmen,
blue print operators, business machine operators, field surveyors, first-
aid man, gl3neral office employees, guards, professional employees,
leadmen, and all supervisors as defined in the Act.
5. The determination of representatives :
In support of its motion to dismiss, the Employer contends that it
would be improper to certify the Joint Petitioners jointly as bargain-
ing representative in an industrial unit. The Employer asserts that
the Joint Petitioners are requesting a plant-wide unit solely for the
purpose of obtaining an election and intend, if certified, actually to
bargain on a craft basis. The Employer requests that the Board, in
the light of the amended statute, reconsider the decisions in which
it has permitted labor organizations to act jointly as a single bar-
gaining representative. We have considered the Employer's con-
tention and weighed its argument in support thereof. We perceive
no cogent reason for departing from past practice in such cases.31
We find, therefore, no merit in the Employer's contention. As for
the Employer's assertion that it may be required to bargain separately
with each of the several labor organizations if they win the election,
we assume that the Joint Petitioners do not contemplate that the
Employer will be required to bargain on the basis of any unit other
than the one herein found appropriate. If the Joint Petitioners are
successful in the election and are jointly certified as the exclusive bar-
gaining representative, the Employer will presumably insist upon deal-
ing with the Joint Petitioners on the basis of a single plant-wide
unit.32
81 See Matter of General Motors Corporation, 67 N. L . R. B. 233, 235 , and cases cited
therein.
32 Matter of LaSalle-Crittenden Press, Inc., 72 N. L. R. B. 1166 , 1169; Matter of General
Motors Corporation, supra, and cases cited therein.
33 The IAM indicated at the hearing that it desired to participate in any election directed
even though its unit contention were rejected . However, as the IAM has ceased to be in
compliance with Section 9 (h) of the Act, we shall omit its name from the ballot. Like-
wise, we shall omit the name of the Brotherhood of Painters , Paperhangers , and Decorators
of America, local No. 1100, AFL, from the ballot as it is no longer in compliance with
Section 9 ( f), (g), and (h) of the Act. See Matter of Rite-Form Corset Company, 75
N. L. R. B. 174.
Any participant in the election herein may , upon its prompt request to , and approval
thereof by, the Regional Director, have its name removed from the ballot.
WELDING SHIPYARDS, INC. 945
DIRECTION OF ELECTION 33
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer , an election by
secret ballot shall be conducted as early as possible , but not later than
30 days from the date of this Direction , under the direction and super-
vision of the Regional Director for the Fifth Region, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, as amended , among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election , including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election , and also excluding employees
on strike who are not entitled to reinstatement , to determine whether
or not they desire to be represented , for purposes of collective bargain-
ing, by International Brotherhood of Boilermakers , Iron Ship Build-
ers and Helpers of America, AFL; International Brotherhood of
Electrical Workers, Local No. 80, AFL; International Union of Op-
erating Engineers , Local No . 922, AFL ; United Association of
Journeymen and Apprentices of the Plumbing and Pipe Fitting In-
dustry of the U. S. and Canada, Local No. 110, AFL; United Brother-
hood of Carpenters & Joiners of America, Local No. 331 , AFL; In-
ternational Brotherhood of Teamsters , Chauffeurs , Warehousemen
and Helpers of America , Local No. 822, AFL ; Sheet Metal Workers
International Association of America , Local No. 87 , AFL; and Inter-
national Union of Hod Carriers , Helpers and Laborers , AFL, jointly.
ORDER
IT IS HEREBY ORDERED that the petitions filed in Cases Nos. 5-RC-145
and 5-RC-151, by Lodge No. 11, International Association of Machin-
ists and Local No. 79, International Association of Bridge, Structural
and Ornamental Ironworkers, AFL, respectively be, and they hereby
are, dismissed.