Nashville Bridge Co.

National Labor Relations Board - Board Decisions

Mar 11, 1943

48 N.L.R.B. 1 (N.L.R.B. 1943)

In the Matter of NASHVILLE BRIDGE COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, 'INTERNATIONAL BROTHER-
HOOD OF BOILERMAKERS, IRON SHIPBUILDERS AND HELPERS OF AMERICA,
AND INTERNATIONAL ASSOCIATION OF MACHINISTS
Case No. R-4929.-Decided March 11, 1943
Jurisdiction : steel barges and patrol craft manufacturing industry.
Practice and Procedure :, petition dismissed when automatic renewal contract
during its third yearly term was held a bar to the proceeding since no repre-
sentation claim was pending on the renewal date to raise a question concerning
representation which would prevent the contract from being automatically
renewed.
Mr. W. E. Norvell, Jr., and Mr. L. C. Anderson, of Nashville, Tenn.,
for the Company.
Mr. George Black and Mr. James N. McSwiney, of Madison, Tenn.,
fore the Boilermakers.
Mr. C. McMillian, of Nashville, Tenn., for the I. B. E. W.
Mr. James F. Leahy, of Nashville, Tenn., for the I. A. M.
Mr. Louis Cpkin,, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon joint petition duly filed by International Brotherhood of
Electrical Workers, International Brotherhood of Boilermakers, Iron
Shipbuilders and Helpers of America, and International Association
of Machinists, herein collectively called the Unions,' alleging that a
question affecting commerce had arisen concerning. the representation
of employees of Nashville Bridge Company, Nashville, Tennessee,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Ralph L.
Wiggins, Trial Examiner. Said hearing was held at Nashville, Ten-
nessee, on February 22, 1943. The Company and the Unions appeared
' The Unions are sometimes referred to herein singularly as the I. B E W., the Boiler-
mal-cis, and the I A AT, respectively.
48 N L R. B., No. 1
1
2y DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and participated in the hearing? All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and td
introduce evidence bearing on the issues. 'The Trial Examiner's rul-
ings 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
I. THE BUSINESS OF THE COMPANY
Nashville Bridge Company is a Delaware corporation with its
principal place of business at Nashville, Tennesee,.where it is eiigaged-
in the manufacture of steel barges for the United States Army and
patrol craft for the United States Navy. During 1942 the Company
used approximately 1,200 tons of steel monthly, all of which was
shipped to it from points outside the State of Tennessee. During
1942 'the Company nianufactiired -approximately 10,000 -tons of- steel
barges and patrol craft for the United States Army and Navy. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act. 1
II. TIIE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, International
Brotherhood of Boilermakers , Iron Shipbuilders and Helpers of
America, and International Association of Machinists are labor
organizations affiliated with ' the American Federation of Labor,
admitting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On March 5, 1941, the Company entered into an exclusive joint con-
tiact with the Iron Workers and the L A. M: On September 10, 1942,
the Unions requested recognition from the Company as exclusive
bargaining agent. The Company' refused recognition upon the
ground that it had a contract with the I. A. M. and the Iron Workers
which did not expire until March 5, 1943. Thereupon -the Unions
filed a petition which was later dismissed by the Regional Director.
On January 13, 1943, 'the Unions filed their petition herein. On
January 21, 1943, the Unions again requested recognition.' from the
2 Although International Association of Bridge , Structural and Ornamental Iron work-
el s of America, herein 'caned the Iron workers , -was served with notice of bearing, it did
not appear.
NASHVILLE BRIDGE COMPANY 3
Company. The Company denied this request upon the 'ground that,
its contract with the Iron Workers and the I. A. M. had renewed itself
until March 5, 1944.
The-contract between the Company and the I. A. M. and the Iron
Workers contains the following provision :
This agreement and the provisions contained herein shall be in,,
force. and effect for and during the term of one year from date
hereof and that unless.notice of change is given not less than sixty
(60) clays prior to that date of such expiration of this agreement by
either party to the other, the agreement shall automatically renew
itself from year to year after such expiration of this agreement,-
or until a new agreement is mutually agreed to by the parties
hereto mentioned.
None of the contracting parties gave notice of termination prior to
January 5, 1942, or January 5, 1943. The Company contends that the
contract constitutes a bar to the present proceeding, inasmuch as it was
automatically renewed on January 5, 1943. -
We are of the opinion that the contract between the Company and
the I. A. M. and the Iron Workers constitutes a bar to an investigation
and certification of representatives at this time. It is clear that no
question concerning representation existed when the first petition of
the Unions was dismissed, since the'contract then had several months
to run before being automatically renewed.3 After the dismissal of
the petition, we are of the opinion that the request or claim upon which
it was based was no longer operative. - There is no evidence that the
Unions made a new request of the Company for collective bargaining,
between the time of the dismissal of the first petition and January 13,
1943. There was, there fore, no claim pending on January 5, 1943, to
raise a question concerning representation which would prevent the
contract from being automatically renewed. We find that the filing
of the petition by the Unions on January 13, 1943, was untimely, and
we shall accordingly dismiss the petition.4 This dismissal, however,
shall not prejudice the rights of the Unions to file a new petition at a
reasonable time before January 5, 1944, when notice pursuant to the
contract is due.
We find that no question has arisen concerning the representation
of employees of the Company.
1
8 Petition in Case No . X-R-737 dismissed October 26, 1942.
4See Matter of North Range Mining Company and Local #3939, United Steel Won era
of America, C. I. 0., 47 N. L. R. B., 1306,
521247-43-vol 48-2
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Nashville Bridge Com-
pany, Nashville , Tennessee , filed by International Brotherhood of
Electrical Workers, International Brotherhood of Boilermakers, Iron
Shipbuilders and Helpers of America , and International Association
of Machinists be, and it hereby is, dismissed.