Associated Shipbuilders

National Labor Relations Board - Board Decisions

Jan 13, 1943

46 N.L.R.B. 1071 (N.L.R.B. 1943)

In the Matter Of PUGET SOUND BRIDGE AND DREDGING COMPANY AND
LAKE UNION DRY DOCK AND MACHINE WORKS, DOING BUSINESS
JOINTLY UNDER THE TRADE STYLE ASSOCIATED SHIPBUILDERS and
OFFICE EMPLOYEES' i UNION, LOCAL 16304, AFFILIATED WITH, THE
,A. F. OF L. ,
'In the-Matter of PUGET SOUND BRIDGE AND DREDGING COMPANY AND
LAKE UNIONR DRY DOCK AND MACHINE WORKS, DOING BUSINESS
JOINTLY UNDER THE TRADE STYLE ASSOCIATED SHIPBUILDERS and
BUILDING SERVICE EMPLOYEES' INTERNATIONAL UNION LOCAL No. 6,
AFFILIATED WITH THE A . F. of L.
In the Matter of LAKE UNION DRY DOCK AND MACHINE WORKS and
BUILDING SERVICE EMPLOYEES' INTERNATIONAL UNION LOCAL No. 6,
AFFILIATED WITH THE A. F. OF L.
Cases Nos . R-41,611 thr'u R-4613, respectively .Decided January
13, 19413
Jurisdicition : shipbuilding industry.
Investigation and Certification of Representatives : existence of question :
recognition refused until Board certified petitioners; elections necessary., ,
Units Appropriate for Collective Bargaining : separate units comprising (1)
dii oibc& and clerical employees at the Harbor Island plant, with specified
inclusions and exclusions ; (2) all armed and unarmed guards at the Harbor
Island plant, excluding chiet safety engineer, and assistant safety engineer;
(3) all armed and unarmed guards at 'Lake Union, excluding chief safety en-
gineer and assistant safety engineer; janitors excluded from guards units when
the two groups were not associated in any manner
Skeel, MeKelvy, Henke, Evenson ci Uhlman, by Messrs. Harry
Henke, Jr., , and William E. Evenson, of Seattle, Wash., for the
Associated.
Jones, Bronson n Birdseye, by Mr. Story Birdseye, of Seattle,
Wash., for the Lake Union Company.
Mr. Harry George, of Portland, Oreg., and Miss Mildred Erickson,
.of Seattle, Wash., for the Office Employees.
Messrs. Van C. Griffin, Maurice' Gershon and William K.'Dobbinas,
of Seattle, Wash., for the Building Service Employees.
Mr. L. Presley Gill, of Seattle, Wash., for ,the Machinists.
Mr. Seymour'J.;Spelman, of counsel to the Board.
. ..
46N. L. R. B.,, No. 123.
- . ' - .. .. - 1071
1072 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMEI1TT OF THE CASE
Upon amended petitions 'duly filed by Office` Employees' Union,
Local -16304, A. F: of L., herein ,called the Office Employees, and
Building Service' Employees' International Union Local- No. 6, A. F.
of L., herein called the Building Service Employees, each alleging that
{ a question affecting colnmerce•had a 'risen concerning the representation
of employees of Puget Sound Bridge and Dredging Company and
Lake Union Dry Dock and Machine Works, doing business jointly
under the.trade style .Associated., Shipbuilders,, Seattle, Washington,
herein called the Associated, and Lake Union Dry -Dock and Machine
Works, Seattle,'Washington, herein called the Lake Union Company,
the Nati'onal' Labor Relatiolis Board provided' for an `approp'riate
consolidated hearing upon due notice before Louis S. Penfield, Trial
Examiner. Said hearing was held at Seattle, Washington, on No-
vember 25, 1942. The Associated, the Lake Union Company, the
Office Employees, the Building Services Employees, and International
Association of Machinists, Machinists' Union Local 79, A. F. of L.,
herein called the Machinists, appeared, participated, and were af-
' forded 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.
On December 11 and December 16, 1942, respectively, the Machin-
ists and 'the Office Employees filed" briefs which the Board has con-
sidered.
Upon the entire record in the ease, the Board makes the following :
FINDINGS 'OF FACT -
I. , THE BUSINESS OF THE COMPANIES
Pudget,Sound Bridge and Dredging Company, a Nevada,corpora-
tion, and Lake Union Dry Dock and Machine Works, a'Washington
corporation,,each maintaining principal offices in Seattle, Washington,
are separately engaged in ship construction and repair' at Harbor
Island and, at Lake Union, Washington, respectively., In addition
to their said individual enterprises,.the'two companies, pursuant to
joint shipbuilding and ship repair contracts with the United" States'
Navy; 'are united in a joint venture under the trade name of Asso-
PUGET SOUND BRIDGE AND DREDGING COMPANY 1073
ciated Shipbuilders. The operations of this joint venture, which is
devoted exclusively to work for the United States Navy, are carried
on at two locations,, Harbor Island and Lake Union, the former being
the more extensive. During 1942 the Associated purchased raw ma-
terials valued in excess of $1,000,000, a substantial part of which
was transported to its Harbor Island and Lake Union plants from
points outside the State of Washington.
IT. THE ORGANIZATIONS INVOLVED-
Office Employees' Union, Local 16304, is a labor organization affili-
ated with the American Federation of Labor, admitting to member-
ship office employees of the Companies.
Building Services Employees' International Union Local No. 6, is a
labor organization affiliated ,with the American Federation of Labor,
admitting to membership building service employees of the Com-
panies.
International Association of Machinists, Machinists' Union Local
79, is a• labor organization affiliated with the American Federation
of Labor, admitting to membership production employees of the
Companies.
111. THE QUESTIONS CONCERNING REPRESENTATION
In a letter dated April 8, 1942, the,Office Employees informed the
Associated'that it, represented a majority,of the.Associated's office and
clerical employees and requested recognition as their exclusive bargain-
ing agent. On or about August 7, 1942, a similar claim was asserted
by the Building Service Employees in respect to guards and janitors
employed by the Associated and the Lake Union Company. In re
spect to both requests, the Companies took the position that they could
not recognize said uniolis without certification by .the Board.
Statements of the Acting Regional Director and the Trial Examiner,
introduced in evidence at the hearing, indicate that" the,.O1f?ce,Em-
ployees and the Building Service Employees each represents a substan-
tial number of employees in the units hereinafter found appropriate.'
1 The statements of the Acting Regional Director and the Trial Examiner , in respect
to Case No R-4611, show that the Office Employees submitted 412 authorization cards,
all be,irm, apparently genuine ouginal signatures and 404 beating dates from Match
to November 1942 , of these, 235 boar the names of persons listed on the Associated's pay
toll of November 20, 1942 , which pay roll contains the names of 377 employees in the
unit hereinafter found appropriate The statement of the Acting Regional Director in
Case No R-4612 shows that the Building Service ' Employees submitted a certified
membership list containin g the names of 54 persons, 43 of which die listed on the
Associated ' s' pay: toll of September 9, 1942 , which pay . roll contains the'names of 93
employees in the alleged appropriate unit In Case ' No R-4613, the Acting Regional"
Director stated that the Building Seivice Employees submitted a certified membership list
containing the names of 12 employees of the Lake Union Company ; of these , 9 are the
names of employees listed on the Lake Union Company's pay loll of August 18. 1942, which
contains the names of 15 employees in the alleged appropriate unit.
501080-41--vol 41;--68
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have arisen concerning
the representation of employees of the Associated and the Like Union
Company, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
IV. THE APPROPRIATE 'UN1TS
1. The Office Employees
The Associated and the Office Employees agreed, and we find, that
all office and clerical employees of the Associated at its Harbor Island
plant, including bookkeepers, stenographers, typists, timekeepers, of-
fice machine operators, and clerical employees, in the weighing, en-
gineering, personnel, purchasing, and yard departments, but excluding
supervisory, and confidential employees and all other employees of
the Associated, constitute an appropriate bargaining unit 2
The parties are in disagreement with respect to accountants and
four or five personnel clerks, the Office Employees desiring the inclu-
sion of both groups in the unit.
Although- conceding that the majority of its personnel clerks are
properly included in the unit as ordinary clerical employees, the
Associated contends that four or five'of its personnel clerks should
be excluded as "confidential' employees, since they work with certain
files containing information regarding all employees. This infor-
mation relates to citizenship, draft status, wages, absences, union
affiliations, previous elrlployment; and reasons for discharge. The
files do not contain efficiency ratings. It does not appear that the
information contained in these' files is of a sufficiently confidential
character to justify'the classification of these personnel clerks as con-
fidential employees and thereby depriving them of the right to bargain
collectively in a unit composed of all other clerical employees. More-
over, as stated in The Murray Corporation case, "The possession of
important information is of itself' insufficient,- to justify exclu-
sion . ..." 3 We shall, therefore, include, these clerks 'in the unit.
The Associated also contendsA-that accountants should"d be excluded
as "confidential" employees, on the ground that these employees, act-
ing in concert, could obtain a complete picture of the company's
financial operations. The Associated concedes, however, that book-
2 At the hearing the Office Employees was, peimitted to amend its petition limiting the
unit to office and clerical employees at the Harbor Island plant of the Associated In its
original petition , the Office Employees had- also included office and clerical employees at the
Associated 's Lake Union Plant. The Associated did not object to this amendment to the
petition and the evidence shows that the two plants of the Associated are approximately
8 miles apart and operate more, or less independently, with no interchange of office
and clerical personnel.
.2`Thez-dluiidy Corpoia> ,on of -America and International Union , United Automobile,
Aircraft , and Agricultural Implement Workers of America , (UAW-CI0), Amalgamated
Local 889, 45 N L. R. B.- 854.
'PUGET SOUND BRIDGE AND DREDGING COMPANY 1075
-keepers are properly included in the unit, and the evidence shows
that bookkeepers are in possession of essentially the same informa-
tion and work with the same data as accountants. Moreover, sub-
`stantially, the same.-,reasoning, applied to personnel clerks,. above, is
applicable here. Under, these circumstances, we shall include
accountants in the unit.
The Machinists interposed a claim of jurisdiction over three em-
ployees, referred to as blueprint girls, whom the Office Employees
would include in its unit as clerical employees. The Machinists con-
tends that blueprint girls are machinists' helpers and are therefore
a part of the unit of production employees for which the Machinists
is. the contractural bargaining agent. Considerable evidence in
respect to the duties of blueprint girls was adduced at the' hearing,
but the parties were unable to reach an agreement. It is the estab-
' lished practice' of the ,Board not to resolve jurisdictional disputes
between two or more affiliates of the same parent organization (in
this case, the A. F. of L.) where no third labor organization'uncon-
-netted with said parent is involved. Accordingly, we shall at this
time exclude blueprint girls from the unit without deciding the ques-
tion as to whether said employees are properly defined as machinists'
helpers or as clerical employees.
We, find that 'all= office and clerical employees of the Associated
'Shipbuilders at its' Harbor Island plant, including bookkeepers,
stenographers, typists, accountants, timekeepers, office machine opera-
tors, and clerical employees, in the weighing, engineering, personnel,
purchasing, and yard departments, but excluding supervisory and
confidential employees;.,blueprint girls, and all other employees of
the Associated Shipbuilders,' constitute a unit' appropriate for the
purposes of collective bargaining within the meaning of-Section
9 (b) of the Act.
2. The Building Service Employees
The Building Service Employees desires, the following' two units : 4
A'. All armed and, unarmed guards 'and 'janitors (male'and female)
of the Associated at its Harbor Island plant, excluding the chief
safety engineer and assistant safety engineers.
B. All armed and unarmed guards and janitors (male and female)
employed by the Associated and the Lake Union Company at Lake
Union, excluding the chief safety engineer and assistant safety
engineers. '
At Harbor Island, the Associated presently employs approximately
200 guards who work in 8-hour,shifts under, the-,supervision, of the
,4 At the hearing the' Building Service' Employees was permitted to amend its petitions
to conform with the above proposed units
1
;1076 DECISIONS OF NATIONAL LABOR RELATIONS - BOARD
chief safety engineer , patrolling , the plant and grounds, policing in-
gress and , egress of employees ` and .,visitors , and generally preserving
-the peace . Some are armed and a1l ; haye been inducted into the United
States Coast Guard as civilian auxiliaries .. At Lake Union , where the
Associated and -the Lake Union Company operate within the: same
enclosure , the guards are employed, jointly by the two companies and
- perform the same duties as the guards at Harbor Island. Since the
guard force at each location operates -independently , with no inter-
change of personnel , the Associated and the Lake Union Company
-agreed, and we find that a ' separate , unit of guards at each location is
appropriate. -
However, th'e Companies are opposed to the inclusion of janitors in
the same unit with - the guards , on the ground that these two groups
perform unrelated work and share no common interests. We find
meritin this contention . At both locations the janitors are ordinary
clean-up men , working tinder different supervision and receiving a
different , rate of pay from the guards .. It, does not , appear that the
two groups: are associated in any . manner. At Lake Union , the Associ-
ated and the Lake Union Company , each employs its own , staff of
janitors, while the guards there , are employed jointly. ',In light of
these facts , we shall exclude the janitors from the units.
We find that all armed and unarmed guards employed by the Associ-
ated at its Harbor Island ' plant, excluding the chief safety engineer
and assistant safety engineers , - and all armed and unarmed guards
employed by the Associated and the Lake Union- Company at Lake
Union, excluding the chief safety engineer and assistant safety engi-
neers , constitute two separate units appropriate for the purposes of
collective bargaining within the meaning of Section 9 ( b) of the Act.
V. THE DREERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning, representation which
have arisen be resolved by separate elections by :secret ballot among
the employees in the ` appropriate units who were employed during the-
pay-roll period immediately preceding the date of the Direction of
'-Elections herein, subject to the limitations and additions set forth,in
the Direction.
DIRECTION OF ELECTIONS
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 2, as amended, .it is hereby
DIRECTED that, as part of the investigation to ascertain -representa--
tives for ' the purposes of collective bargaining with, Puget. Sound_
PUGET SOUND BRIDGE AND DREDGING COMPANY 1077
Bridge and Dredging Company and Lake Union Dry Dock and
Machine Works, doing business jointly under the trade style Associated
Shipbuilders, Seattle, Washington, and Lake Union Dry Dock and
Machine Works, Seattle, Washington, separate elections by secret ballot
shall be. conducted as early as possible, but not later than thirty (30)
days from the. date of this Direction of, Elections,, under the super-
vision and direction of the Regional Director for the Nineteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules and
Regulations, among the following groups of employees of the Associ-
ated and the Lake Union Company who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during "said pay-roll period
because they were ill or'on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who present
themselves in person at the polls, but excluding employees who have
since quit or been discharged for cause: (1) all office and clerical em-
ployees of the Associated Shipbuilders at its Harbor Island plant,
including bookkeepers, stenographers typists, accountants, timekeepers,
office machine, operators, and clerical employees, in the weighing,
engineering, personnel, purchasing, and yard departments, but exclud-
ing supervisory and confidential employees, blueprint girls, and all
other employees of the Associated Shipbuilders, to determine whether
or not they desire to be represented by'Ofice Employees' Union, Local
16304, A. F. of L., for the purposes of collective bargaining; (2) all
armed and unarmed guards of the Associated Shipbuilders at its
Harbor Island plant, excluding the chief safety engineer and assistant
safety engineers, to determine whether or not they desire to-be repre-
sented by Building Service Employees' International Union Local
No. 6, A. F. of L., for the purposes of collective bargaining; and (3)
all armed and unarmed guards employed by the Associated Ship.
builders.and,the Lake Union, Company at Lake Union, excluding the
chief safety engineer and assistant safety engineers, to determine
whether or not they desire to be represented by Building Service
Employees' International Union Local No 6, A. F. of L., for the pur-
poses of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.