Brown Shipbuilding Co., Inc.

National Labor Relations Board - Board Decisions

Sep 8, 1944

58 N.L.R.B. 138 (N.L.R.B. 1944)

In the Matter of BROWN SHIPBUILDING COMPANY, INC . and INTER-
NATIONAL ASSOCIATION OF MACHINISTS , A. F. OF L.
In the Matter of BROWN SHIPBUILDING COMPANY, INC. and INTER-
NATIONAL ASSOCIATION OF BRIDGE , STRUCTURAL AND ORNAMENTAL IRON
WORKERS (AFL)
In the Matter of BROWN SHIPBUILDING COMPANY, INC. and INTER-
NATIONAL UNION OF OPERATING ENGINEERS , LOCAL UNION No. 450,
AFL
In the Matter of BROWN SHIPBUILDING COMPANY, INC. and UNITED
ASSOCITION OF PLUMBERS & STEAM FITTERS , MARINE LOCAL #682,
A. F. of L.
In the Matter of BROWN SHIPBUILDING COMPANY, INC. and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 716,
AFL
In the Matter of BROWN SHIPBUILDING COMPANY, INC. and SHEET
METAL WORKERS INTERNATIONAL ASSN, LOCAL UNION 54
Cases Nos. 16-R-851, 16-R-860, 16-R-869, 16-R-870, 16-R-896 and
16-R-906 respectively
SUPPLEMENTAL DECISION
ORDER
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION
September 8,1944
On July 14, 1944, the National Labor Relations Board issued a
Decision and Direction of Elections in this consolidated proceeding,
and on August 4,1944, an Amendment to Direction of Elections.' Pur-
suant to the Direction of Elections, as amended, separate elections by
secret ballot were conducted on August 11, 1944, under the direction
and supervision of the Regional Director for the Sixteenth Region
(Fort Worth, Texas), among employees of Brown Shipbuilding Com-
1 57 N. L . R. B. 326, 57 N . L. R. B. 1082.
158 N. L. R B, No. 26.
138
BROWN SHIPBUILDING COMPANY, INC. 139
pany, Inc., herein called the Company. On August 11, 1944, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 3, as
amended, issued and duly served upon the interested parties tallies
of the ballots. No objections have been filed to the conducb of the
elections or to the tallies of the ballots by any of the parties.
As to the balloting and its results, the Regional Director reported as
follows :
Unit 1: With respect to the employees in the machinists' de-
partment (Case No. 16-R-851) :
Appropriate number of eligible voters----------------------- 950
Valid votes counted--------------------------------------- 723
Votes cast for International Association of Machinists,
A. F. of L----'------------------------------------------- 426
Votes cast against participating union----------------------- 297
Challenged ballots----------------------------------------- 36
Void ballots ---------------------------------------------- 2
Unit 2: With respect to the employees in the rigging depart-
ments'(Case No. 16-R-860) :
Approximate number of eligible voters---------------------- 273
Valid votes counted--------------------------------------- 223
Votes cast for International Association of Bridge, Structural
and Ornamental Iron Workers (AFL) ------------------- 115
Votes cast for International Brotherhood of Boilermakers,
Shipbuilders and Helpers of America, AFL---------------- 35
Votes cast against participating unions--------------------- 73
Challenged ballots----------------------------------------- 13
Void ballots ---------------------------------------------- 2
Unit 3: With respect to employees engaged as operators of
cranes, air compressors, bulldozers, and maintainers (Case
No 16-R-869)
Appropriate number of eligible voters---------------------- 101
Valid votes counted--------------------------------------- 89
Votes cast for International Union of Operating Engineers,
Local Union No. 450, AFL------------------------------- 63
Votes cast against participating union--------------------- 26
Challenged ballots --------------------------------------- 6
Void ballots---------------------------------------------- 0
Unit 4: With respect to employees in the pipe or pipe fitting
departments (Case No. 16-R-870) :
Approximate number of eligible voters--------------------- 1,488
Valid votes counted--------------------------------------- 1,098
Votes cast for United Association of Plumbers & Steam Fit-
ters, Marine Local #682, A. F. of L--------------------- 631
Votes cast against participating union--------------------- 467
Challenged ballots---------------------------------------- 142
Void ballots---------------------------------------------- 20
Unit 5: With respect to electrical workers in the electrical
departments (Case No. 16-R-896) :
Approximate number of eligible voters--------------------- 1,094
Valid votes counted-------..------------------------------ 888
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Votes cast for International Brotherhood of Electrical Work-
ers, Local No. 716, AFL_________________________________ 536
Votes cast against participating union_____________________ 352
Challenged ballots________________________________________ 50
Void ballots---------------------------------------------- 10
Unit 6: With respect to employees in the sheet metal depart-
ment (Case No 16-R-906) :
Approximate number of eligible voters______________________ 415
Valid votes counted_______________________________________ 342
Votes cost for Sheet Metal Workers International Association,
Local Union 54, AFL____________________________________ 220
Votes cast against participating union______________________ 122.
Challenged ballots________________________________________ - 19
Void ballots---------------------------------------------- 8
In view of the fact that the counting of the challenged ballots cast
by employees in the rigging departments involved in Case No.
16-R-860 was essential to determine the results of the election among
these employees, the Regional Director investigated the validity of
each of the 13 challenged ballots and prepared and duly served upon
the parties a report embodying his findings and recommendations with
respect to each of them. The Regional Director reported that E. M.
Cox, a challenged voter, was not listed by the Company as an eligible
voter in this election; that Cox was employed as a locomotive crane
operator; and that this classification does not come within the appro-
priate unit for employees in the rigging department. The Regional
Director found that Cox was not an eligible voter and recommended
that his ballot be declared invalid. The Regional Director further
found that Ernestine Rogers, R. 0. Carley, R. Villery, J. R. Jones,
J. L. Gordy, Clarence Conner, C. C. Buck, Joseph L. Guy, C. H. Pat-
terson, Daniel A. Crenwelge, K. S. Reid, and J. S. Gibson, challenged
-voters, were not listed upon the eligible list furnished by the Company,
but that, for the reasons stated, these employees were properly within
the appropriate unit and eligible to vote in the election, and recom-
mended that their ballots be opened and counted. None of the
parties has filed any objection to the Regional Director's report on
challenges, or to his recommendations concerning the ballots of the
challenged voters.
Upon the entire record in the case, and for the reasons indicated
by the Regional Director in his report on challenges, we conclude
and find that E. M. Cox was not eligible to vote in the election and
his ballot is hereby declared invalid. We further find that Ernestine
Rogers, R. 0. Carley, R. Villery, J. R. Jones, J. L. Gordy, Clarence
Conner, C. C. Buck, Joseph L. Guy, C. H. Patterson, Daniel A. Cren-
welge, K. S. Reid, and J. S. Gibson are eligible to vote in the election
and their ballots are hereby declared valid. Since the results of the
election may depend upon the counting of the 12 challenged ballots
BROWN SHIPBUILDING COMPANY, INC. 141
of eligible voters named above, we shall direct that they be counted
and that the Regional Director prepare and serve on the parties a
supplemental report with respect to the results of this election.
Since the results of the other elections held among the employees
of the Company disclose the selection of a bargaining representative
in the respective appropriate units, we shall sever Case No. I6-R-860
from the other consolidated cases before us for further appropriate
action and, without further delay, we shall certify the respective
bargaining representatives in the remaining cases. 17
ORDER
Upon the basis of the aforegoing facts, and upon the entire record
in this consolidated proceeding, and pursuant to Section 13 (c) (4)
of National Labor Relations Board Rules and Regulations-Series 3,
as amended,
IT IS HEREBY ORDERED that Case No. 16-R-860 be, and the same
hereby is, severed from the cases in this consolidated proceeding.
CERTIFICATION OF REPRESENTATIVES
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-Series 3, as amended,
IT IS HEREBY CERTIFIED that International Association of Machinists,
affiliated with the American Federation of Labor, has been desig-
nated and selected by a majority of all machinists, helpers, and ap-
prentices employed by Brown Shipbuilding Company, Inc., Houston,
Texas, in the machinists' department at the yards, including machin-
ists in the maintenance department, machinists repairing small tools,
machinists on boats engaged in a trial run, toolroom clerks in machin-
ists' departments, and welders regularly assigned to the machine shop,
but excluding all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise eff ect changes in the status
of employees, or effectively recommend such action, as their repre-
sentative for the purposes of collective bargaining'and that, pursuant
to the provisions of Section 9 (a) of the Act, International Associa-
tion of Machinists, affiliated with the American Federation of Labor,
is the exclusive representative of all such employees for the purposes
of collective bargaining, in respect to rates of pay, wages, hours of
employment, and other conditions of employment;
IT IS HEREBY CERTIFIED that International Union of Operating Engi-
neers, Local Union No. 450, affiliated with the American Federation
of Labor, has been designated and selected by a majority of all pro-
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction employees of Brown Shipbuilding Company, Inc., Houston,
Texas, engaged as operators of cranes, gantry cranes, locomotive
cranes, bridge cranes, air compressors, bulldozers, and maintainers,
including helpers, oilers, and apprentices, but excluding locomotive
engineers, firemen, and Diesel engineers, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, as their representative for the purposes of collective bar-
gaining and that, pursuant to the provisions of Section 9 (a) of the
Act, International Union of Operating Engineers, Local Union No.
450, affiliated with the American Federation of Labor, is the exclusive
representative of all such employees for the purposes of collective
bargaining, in respect to rates of pay, wages, hours of employment,
and other conditions of employment;
IT Is HEREBY CERTIFIED that United Association of Plumbers & Steam
Fitters, Marine Local #682, affiliated with the American Federation of
Labor, has been designated and selected by a majority of all employees
of Brown Shipbuilding Company, Inc., Houston, Texas, in the pipe
or pipe fitting departments at the yards, including pipe fitters, plumb-
ers, apprentices, helpers, and toolroom clerks and welders regularly
assigned to the pipe department, but excluding all supervisory employ-
ees with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend-such.
action, as their representative for the purposes of collective bargaining
and that, pursuant to the provisions of Section 9 (a) of the Act, United
Association of Plumbers & Steam Fitters, Marine Local #682, affiliated
with the American Federation of Labor, is the exclusive representative
of all such employees for the purposes of collective bargaining, in re-
spect to rates of pay, wages, hours of employment, and other conditions
of employment;
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, Local No. Z16, affiliated with the American Federation of
Labor, has been designated and selected by a majority of all inside and
outside electrical workers of Brown Shipbuilding Company, Inc.,
Houston, Texas, in the electrical departments at the yards who are
assigned to electrical construction, maintenance, and repair, but ex-
cluiling all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, as their representative
for the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, International Brotherhood of
Electrical Workers, Local No. 716, affiliated with the American Feder-
ation of Labor, is the exclusive representative of all such employees
for the purposes of collective bargaining, in respect to rates of pay,
wages, hours of employment, and other conditions of employment; and
BROWN SHIPBUILDING COMPANY, INC. 143
IT IS HEREBY CERTIFIED that Sheet Metal Workers International
Association, Local Union 54, affiliated with the American Federation
of Labor, has been designated and selected by a majority of all em-
ployees of Brown Shipbuilding Company, Inc., Houston, Texas, in the
sheet metal departments at the yards, including toolroom clerks, ap-
prentices, and helpers, but excluding trainees not yet regularly as-
signed as production workers in these departments, and all supervi-
sory employees with authority to hire, promote, discharge, discipline,,
or otherwise effect changes in the status of employees, or effectively rec-
ommend such action, as their representative for the purposes of col-
lective bargaining and that, pursuant to the provisions of Section 9 (a)
of the Act, Sheet Metal Workers International Association, Local
Union 54, affiliated with the American Federation of Labor, is the
exclusive representative of all such employees for the purposes of col-
lective bargaining, in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment. -
DIRECTION
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 Brown Shipbuild=
ing Company, Inc., Houston, Texas, the Regional Director for the Six-
teenth Region shall, pursuant to the Rules and Regulations of the
Board set forth above, and subject to Article III, Sections 10 and 11, of
said Rules,and Regulations, within ten (10) days of the date of this
Direction, open and count the ballots of Ernestine Rogers, R. O. Carley,
R. Villery, J. R. Jones, J. L. Gordy, Clarence Conner, C. C. Buck,
Joseph L. Guy, C. H. Patterson, Daniel A. Crenwelge, K. S. Reid, and
J. S. Gibson, challenged in the election in Case No. 16-R-860, and
thereafter prepare and cause to be served upon the interested parties a
supplemental election report, embodying therein his findings and
recommendations as to the results of the balloting.