White Construction and Engineering Co., Inc.

National Labor Relations Board - Board Decisions

Nov 14, 1950

92 N.L.R.B. 53 (N.L.R.B. 1950)

In the Matter of WHITE CONSTRUCTION AND ENGINEERING OOIvIPANY,
INC., EMPLOYER and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS,
IRON SHIP BUILDERS AND HELPERS OF AMERICA , AFL, LOCAL No. 433,
PETITIONER
Case No. 1.0-R,0-923.-Decided November 14,190,
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before James W.
Mackle, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed
T'urs'uant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Member's
Reynolds and Murdock].
Upon the entire recon4 in this case, the Board 1ncls :
1. The Employer, with its main office at St. Petersburg, Florida, is
engaged in that State in the building and construction business. Dur-
ing the 12-month period ending April 28, 1950, which is representative
of the Employer's operations, it purchased equipment, structural steel,
and other building materials valued at $170,441.65, of which amount
$81,314.52 represents purchases of equipment and materials shipped
directly to the Employer from outside the State of Florida. During
the same period, the Employer's gross income totalled $352,000, of
which approximately $150,000 represents sales made and services
rendered to concerns, admittedly, engaged in interstate commerce 2
We therefore find, contrary to the Employer's contention, that it
is engaged in commerce within the meaning of the Act, and in accord
with our recently announced policy,3 that it will effectuate the policies
of the Act to assert jurisdiction in this case.
I The hearing officer referred to the Board the Employer ' s motion to dismiss the petition
upon the ground that it is not engaged in commerce within the meaning of the Act. For
reasons stated hereinafter the motion is denied.
2 These concerns are : (1 ) Florida Power Corporation , a public utility servicing, inter
alia, the Atlantic Coast Line and Seaboard Air Line Railroads ; ( 2) Ridge Citrus Con-
centrates , Inc., which ships approximately $3,000,000 worth of its products to customers
outside the State of Florida ; and (3) Pinellas County Airport which is serviced by the
National Air Lines and two International cargo air carriers.
8 Hollow Tree Lumber Company , 91 NLRB No. 635.
92 NLRB No. 17.
53
54 D'ECISIONS; OF NATIONAL LABOR RELATIONS BOARD
2. The labor organization involved claims to represent certain 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 following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act : All employees of the Employer's fabri-
cating shop at St. Petersburg, Florida, excluding professional em-
ployees,, guards, all other employees, and supervisors as defined in
the Act.'
.[Text of Direction of Election omitted from publication in this
volume.]
4 Although there was no dispute between the parties concerning the appropriateness of
the'unit described above, both the Employer and the Petitioner left to the Board the
disposition of "six key field men." It appears from the record that these employees spend
only about 20 percent of their time in the fabricating shop , and then only when field
operations are temporarily shut down . The 80 percent of their time in the field is under
separate supervision and involves different working conditions . Furthermore, field
employees generally are presently represented by another union in a separate unit. Under
all of the foregoing conditions , we conclude that they have insufficient community of
interest with the fabricating shop employees to be included in the unit described above.
See York Corporation, 87 NLRB 613.