Houston Shipbuilding Corp. of Irish Bend, Texas

National Labor Relations Board - Board Decisions

Jun 3, 1942

41 N.L.R.B. 638 (N.L.R.B. 1942)

In the Matter of HOUSTON SHIPBUILDING CORPORATION OF IRISH BEND,,
TEXAS and HOUSTON METAL TRADES COUNCIL
In. the Matter of HOUSTON SHIPBUILDING CORPORATION and UNITED
BROTHERHOOD OF WELDERS, CUTTERS & HELPERS `
Cases Nos. R-3758 and R-3759, respectively-Decided June, 3, 194
Jurisdiction : ship construction industry.
Investigation and Certification ' of Representatives : Held, no question concerning
rep"esentation existed where three of four competing labor organizations
failed to make substantial showings in the units respectively claimed as
appropriate and where two of the organizations were engaged in a jurisdic-
tional dispute.
Practice and Procedure : petitions dismissed.
Mr. V. Lee McMahon, for the Board. _
Kaiser, Liddell, Benbow ce: Austin, by Mr. Frank A. Liddell,. of
Houston, Tex., for the Company.
Mr. T. F. Peschka and Mr. Sewall Myer, of Houston, Tex., for the
Trades Council.
Mr. M. T. Wilson, of Houston, Tex., and Mr. Nathan J. Kaplan,
of Chicago, Ill., for the Welders.
Mr. Goodenow, of Houston, Tex., for the Industrial Union.
.Combs d Dixie, by Mr. W. A. Combs, of Houston, Tex., and-Mr.
E. Whittington, of Houston, Tex., for the Engineers.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by Houston Metal Trades Council, 'affili-
ated with the American Federation of Labor, herein called the Trade's
Council, and United Brotherhood of Welders, Cutters & Helpers,
herein called the Welders, each alleging that a question affecting com-
merce had arisen concerning the representation of employees of Hous-
ton Shipbuilding Corporation, Irish -Bend, Texas, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Gustaf B. - Erickson, Trial
41 N L. R. B., No. 126.
638
HOUSTON SHIPBUILDING CORPORATION 639
Examiner. Said hearing was held, at Houston, Texas,.from April
20" to 23, 1942. The Company, the Trades Council, the Welders, In-
ternational Union of Operating Engineers, Local 450, affiliated with
the American Federation of Labor, herein called the Engineers, and
Industrial 'Union of Marine & Shipbuilding Workers of. America,
affiliated with the Congress of Industrial Organizations, herein called
the Industrial Union, appeared, participated and 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 prejudicial error and
are hereby affirmed. -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Houston Shipbuilding Corporation, a Delaware corporation, has
its principal office and place of business on Irish Bend Island, in'
Harris County, Texas, near the City of Houston. The Company,
under facilities contracts with the United States Maritime Commis-
sion, has constructed and is now constructing shipyard facilities for
the Commission to be used by the Company in the'construction of
cargo ships pursuant to construction contracts between the Company
and the said Commission. The Company has used materials valued
in excess of $1,000,000 in the construction of ships from July 1, 1941
to April 17, 1942, of which more than 80 percent was shipped from
points outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Houston Metal Trades Council comprises several craft organiza-
tions affiliated with the American Federation of Labor, which admit
to membership employees of the Company.
International Union of Operating Engineers, Local 450, is a labor
organization affiliated with the American Federation of Labor, but
not' affiliated with the 'Trades Council. It admits to membership
certain employees of the Company. I
United Brotherhood of Welders, Cutters &-Helpers is an unaffili-
ated labor organization admitting to membership certain employees
of the Company.
1 The representative of the Industrial Union did not enter an official appearance, buy
attended the hearing , occasionally interrogated witnesses and made motions: -
640 DECISIONS OF NATIONAL LABOR RELATIONS ',BOARD
Industrial Union of Marine & Shipbuilding Workers of America
is a labor organization affiliated with the Congress of Industrial Or-'
ganizations. It admits to membership employees of the Company.,
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Although the Company, the Trades Council, and the Welders stip-
ulated that, a question concerning representation had arisen, in that
the Company will bargain only with a labor organization certified
by the Board, a statement of a Field Examiner, introduced in evi-
dence at the hearing, together with other evidence introduced at the
hearing, reveals the following facts with regard to the claims of the
participating labor organizations :
The Trades Council submitted 1,944 authorizations on behalf of the
several craft organizations it was representing; approximately 1,206
of these bore apparently genuine signatures of persons listed on the
Company's pay roll of February 13, 1942. These figures include
cards of the Engineers, which if deducted, reduce the Trades.Coun-
cil's cards to 1,868, of which 1,145 bear apparently genuine signatures
of persons so listed. The above-mentioned pay roll contains not less
than 6,799 names of employees in the departments claimed by the
Trades Council. Thus the Trades Council produced authorizations
from less than 18 percent of the employees in the unit it contends to
be appropriate.
The Company stated at the hearing that on April.17, 1942, it had
a total of 10,938 employees, of whom approximately 9,595 were hourly
paid employees within the unit alleged to be appropriate by the
Trades Council. The authorizations submitted by the Trades Council
thus represented designation by less than 12 percent of this group.
Ultimately, the Company expects to employ a total of 12,000 to 14,000
persons. In view of these facts, we find that the Trades Council has
not shown that it represents a substantial number of employees in
the unit it claims to be appropriate.
The Engineers submitted evidence indicating that it represents a
substantial number of employees in the unit it contends to be appro-
priate. However, its claims as to the appropriate unit are in direct
conflict with those of the Trades Council. Inasmuch as the Trades
Council and the Engineers are'both affiliated with the American Fed-
eration of Labor, the Board is faced with a jurisdictional dispute of
the type which it has customarily refused to resolve.
The Welders, requesting a unit of welders, cutters, and apprentices,,
submitted a verified list of 152 authorizations as of March 2, 1942.
Of the signatures, 100 appeared to be those of persons listed on the
above-mentioned February 13 Pay roll, which contained 1,203 names
HOUSTON SHIPBUILDING CORPORATION 641
of welders and burners. The Company stated that at the time of the
hearing it employed approximately 1,648 welders and that it expected
to employ a total of 2,500 within 21/2 months of the hearing. Thus
the Welders produced authorizations from less than 10 percent of the
welders employed by the Company at any time since February 13,
1942. In view of these facts, we find that the We] ders has not shown
that it represents a substantial number of employees in the unit it
claims to be appropriate.
The Industrial Union, contending that an industrial unit is appro-
priate, submitted a list of but 22 authorizations; only 12 signatures
were names of persons listed on the above-mentioned February 13 pay
roll. Obviously, this represents an inadequate showing.
Since the Trades Council, the Welders, and the Industrial Union
have failed to show that they represent a substantial number of em-
ployees in the units respectively claimed as appropriate, and since
the Trades Council and the Engineers are engaged in a jurisdictional
dispute, we find that no question has arisen concerning the repre-
sentation of employees of the Company within the meaning of Section
9 (c) of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact, the National
Labor Relations Board hereby orders that the petitions for-investiga-
tion and certification of representatives of employees of Houston
Shipbuilding Corporation, Irish Bend, Texas, filed by Houston Metal,
Trades Council, affiliated with the American Federation of Labor,
and by United Brotherhood of Welders, Cutters & Helpers be, and
they hereby are, dismissed.
463892-42-vol 41-41