Southeastern Shipbuilding Corp.

National Labor Relations Board - Board Decisions

Feb 8, 1945

60 N.L.R.B. 506 (N.L.R.B. 1945)

In the Matter Of SOUTHEASTERN SHIPBUILDING CORPORATION and LOCAL
UNION #897, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA (A. F. OF L.)
Case No. 10-R-1365.-Decided February 8, 1945
Messrs. James F. Dewey, M. A. O'Connor,- and R. E. Banks, of
Savannah, Ga., for the Company.
Mr. R. C. Weigle, of Savannah, Ga., and Mr. Frank Prohl, of At-
lanta, Ga., for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local Union #897, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America (A. F. of L.), herein called the Union, alleging that a question:
affecting commerce had arisen concerning the representation of em-
ployees of Southeastern _ Shipbuilding Corporation, Savannah,
Georgia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
T. Lowry Whittaker, Trial Examiner. Said hearing was held at
Savannah, Georgia, on January 9, 1945. The Company and the Union
appeared and participated. All.parties 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.
All parties were afforded an opportunity to file briefs with the Board..
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Georgia corporation located at Savannah, Georgia,
where it is engaged in the construction of cargo vessels. During the
60 N. L. R. B., No. 96.
506
SOUTHEASTERN SHIPBUILDING CORPORATION 507
course of the year, approximately 75 percent of the materials used is
shipped from sources outside the State of Georgia. In the year 1944,
the Company produced 47 cargo vessels for the U. S. Maritime Com-
mission.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
Local Union #897, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership 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 its material checkers in Depart-
ment No. 34 until the Union has been certified by the Board in an ap-
propriate unit.
The Company takes the position that an election should not be held,
asserting that the International Brotherhood of Boilermakers, Ship-
builders and Helpers of America, affiliated with the A. F. of L., herein
called the Boilermakers, is claiming jurisdiction over some of the
employees in question and that the A. F. of L. Office Workers' Union
has already started to organize some of them. There is, however, no
indication that either of these organizations has asserted an interest
in representing the employees affected by the petition. The Boiler-
makers refuted the Company's contention at the hearing., Evidence
was introduced to show that the Union has jurisdiction over the clerical
employees in question, rather than the Office Workers' Union.2 We
therefore find that there is no basis for the Company's assertion.
A statement of a Field Examiner introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.3
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.
'The business agent of the Boilermakers appeared at the hearing and disclaimed all
interest in any of the employees sought by the Union in the instant proceeding.
' In a letter from an organizer of the American Federation of Labor to the international
representative of the Union , it was stated that the Union had jurisdiction over clerical
employees whose duties require them "to leave their desks to go into the warehouse or yard
for data of any kind."
3 The Field Examiner reported that the Union submitted application for membership
cards which bore the names of 28 persons listed on the Company's pay roll of December 11,-
1944 , which contained the names of 55 employees in the appropriate unit. The cards were
dated between October 26 and November 20, 1944.
508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Union seeks to represent a unit of employees in Department
No. 34, which is also known as the storehouse department, composed
of dispatchers, lumber checkers, chief receiving and dispatching clerks,
receiving and checking clerks, and senior clerks. The Company re-
quests that the chief receiving and dispatching clerks be excluded as
supervisory employees.
Department No. 34 consists of two warehouses, several small build-
ings where materials are stored, and a lumber yard within the Com-
pany's shipyard, and six warehouses outside the yard. The employees
in the alleged appropriate unit work throughout these various build-
ings and in the lumber yard receiving, checking, and dispatching ma-
terials. In addition to these duties, the lumber checkers grade lumber.
The other employees in this department are presently'represented
by the Union for bargaining purposes.
There are eight chief receiving and dispatching clerks whom the
Union would include and the Company exclude. Each chief clerk
has one or two clerks and a crew of laborers under his supervision.
The chief clerks have authority to make effective recommendations
hiring or discharging employees, have full disciplinary authority,
keep time records for their men, and grant or deny time off. In view
of their supervisory functions, we shall exclude the chief receiving
and dispatching clerks from the unit.
The only other dispute concerns M. D. Stoney who is a senior
dispatcher. He directs the work of a labor crew in separating, loading,
and unloading material. Although he has no authority to hire em-
ployees, he does possess sufficient authority to recommend the dis-
charge of employees to his, immediate supervisor. His position is
similar to that of the chief receiving and dispatchng clerks. We
shall exclude M. D. Stoney as a supervisory employee.
We find that all warehouse dispatchers, lumber checkers, receiving
and checking clerks, and senior clerks in the warehouses, yard and
lumber yard, in the Company's Department No. 34, excluding chief
receiving and dispatching clerks 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, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. 173E DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be- resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
SOUTHEASTERN SHIPBUILDING CORPORATION 509 -
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 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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Southeastern
Shipbuilding Corporation, Savannah, Georgia, an election by secret
ballot shall be conducted as early as possible, but not later than
thirty (30) days from the-date of this Direction, under the direction
and supervision of the Regional Director for the Tenth 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 Regula-
tions, among the 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 the 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 any 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 Local Union #897, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America (A. F. of L.),
for the purposes of collective bargaining.