Todd Shipyards Corp.

National Labor Relations Board - Board Decisions

Jun 30, 1945

62 N.L.R.B. 1086 (N.L.R.B. 1945)

11
In the Matter of TODD SHIPYARDS CORPORATION and PATTERN MAKERS
ASSOCIATION OF Los ANGELES , A. F. L.
Case No. 21-R-2697.-Decided June 30, 1945
Messrs. Frank B. Hawes, Jr., Robert T. Hyink, and S . H. Reynolds,
of San Pedro, Calif., for the Company.
Mr. William F. Jebe, of Los Angeles , Calif., for the Union.
Mr. Bruce C. Heath, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE_
Upon a petition duly filed by Pattern Makers Association of Los Angeles,
A. F. L., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Todd Ship-
yards Corporation, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice before
George H. O'Brien, Trial Examiner. Said hearing was held at Los Angeles,
California, on May 3, 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 Todd Shipyards Corporation is a New York corporation doing
business in California and operating the Los Angeles Shipbuilding & Dry
I Industrial Union of Marine and Shipbuilders of America , C I 0 , was served with notice of
hearing but failed to appear
62 N. L. R. B, No. 135
- 1086
TODD SHIPYARDS CORPORATION 1087
Dock Corporation shipyards It is engaged in the building and the repair
of ships under a contract with United States Navy,Department . A consider-
able amount of the raw materials used by the Company at the San Pedro
shipyards is shipped to it from points outside the State of California. The
San Pedro yards is the only property of the Company concerned in this
proceeding.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act
II. THE ORGANIZATION INVOLVED
The Pattern Makers Association of Los Angeles, affiliated with the
American Federation of Labor, is a labor organization 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 certain of its employees until the
Union has been certified by the Board in an appropriate unit
A statement of a Field Examiner, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of employees
in the unit hereinafter found appropriate ' Y
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act
IV. THE APPROPRIATE UNIT
We find, in substantial accord with an agreement of the parties, that
all pattern makers and pattern makers' apprentices' employed by the Com-
pany at its San Pedro, California, plant, but excluding foremen, and all
or any other supervisory employees with authority to hire, promote, dis-
charge, 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 THE DETER MIINATto\ OF REPRESENTATIVES
At the hearing the Union requested that the unit he certified on the
record. Although the Company admitted that the Union "probably" repre-
sented all of its pattern makers, it nevertheless desired that the Board
-The Field Examiner reported that the Union submitted three authorization cards dated February
1945; there are three employees in the alleged appropriate unit
Although the Company now employs no pattern makers' appr,ntlces, no season appeals for
excluding this category which is customarily included in describing the normal pattern makers'
craft unit
108$ DECISIONSrOF NATIONAL LABOR RELATIONS BOARD
conduct an election. Since the Compaiay does not agree to certification upon
the record, we shall, in conformity with the Board's customary practice,'
direct that the question concerning representation which has arisen be
resolved by an election by secret ballot among the employees in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject to the limi-
tations 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 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 representatives
for the purposes of collective bargaining with Todd Shipyards Corporation
at San Pedro, California, 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 Directoi
for the Twenty-first 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 Regulations, Along the employees in the unit found appro-
priate 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 said pay-roll period because they were ill or on vaca-
tion 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 those employees who have since quit or been discharged for cause,
and have not been rehired or reinstatedeprior to the elate of the election,
to determine whether or not they desire to be represented by Pattern
Makers Association of Los Angeles, A F. L., for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above Deci-
sion and Direction of Election.
' Cf Matter of Bohn Alumtinurn & Bi ass Co, p , 41 N L R. B. 1012.