North Carolina Shipbuilding Co.

National Labor Relations Board - Board Decisions

Jun 29, 1944

56 N.L.R.B. 1799 (N.L.R.B. 1944)

i
In-the Matter of NORTH CAROLINA SHIPBUILDING COMPANY and INDUS-
TRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA,
CIO
Case No. 5-R-108.-Decided June 09) 1944
Mr. George L. Weasler, for the Board.
Messrs. L. P. McLendon and Kenneth, M. Brim, of Greensboro,
N. C., for the Company.
Mr. M. H. Goldstein, of Philadelphia, Pa., for the C. I. O.
Mr. David Sinclair, of Wilmington, N. C., for the U. S. A.
Mr. D. B. Kelly, of'Wilmington, N. C., for the A. F. L.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE .CASE
Upon petition duly filed by Industrial Union of Marine and Ship-
building Workers of America, CIO, herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of North Carolina Shipbuilding Company,
Wilmington, North Carolina, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Earl S. Bellman,; Trial Examiner.. Said hearing was
held at Wilmington; North Carolina, on April 27, 1944. The Com-
pany, the C. I. 0., and United Shipbuilders of America, Inc., ,herein
called the U. S. A., appeared, participated, and were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues.' At the hearing the Com-
pany moved the dismissal of the petition on the ground that less than'
1 year has elapsed since an election was conducted by the Board in a
prior case involving the employees whom the C. I. O. here seeks to
1 The Metal Trades Department of the American Federation of Labor, the Wilmington
Building Construction Council and Metal Trades Council, and the International Union
of Operating Engineers, were also served with notice of the hearing. In response to this
notice the president of-the Wilmington Metal .Trades Council was present at the hearing.,
None of ,the organizations so notified , however, participated or moved to intervene.
56 N. L. It. B , No. 321.
1799
1800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
represent.. For reasons"hereinafter appearing, this motion is hereby,
denied. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with-the Board.,
Upon the entire record in the case, the Board makes the' following :
FINDINGS OF FACT
I. THE BIISINESS OF THE COMPANY
North Carolina Shipbuilding Company is a North' Carolina corpo-
ration having its principal place of business at Wilmington, North
Carolina, where it is engaged in the construction of, ocean-going and
other cargo vessels, which, upon completion and after test runs, are de-
livered to the United States Maritime Commission'or the United States
Navy, by which they are,-used - in` interstate land foreign commerce.
The _principal raw materials, equipment, and supplies used by the
Company come from various States of the American Union. The
engines, cranes, and certain heavy equipment are owned by the Mari-
time Commission. More than 90 percent of all raw materials, consist-
ing of coal, lumber, and other materials and supplies, are shipped to the
Company's place of business from points outside the State of North
Carolina. During the year 1943, the materials; supplies, and equipment
bought and shipped from outside the State amounted in value to more
than $1,000,000, and during the first' part of 1944, the materials, sup-
plies, and equipment so bought and shipped were in like ratio to this
amount.
The Company admits that it is- engaged in commerce within the
meaning of the National Labor Relations Act. '
H. THE ORGANIZATIONS INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
United Shipbuilders of America, Inc., is an unaffiliated labor organi-
zation, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. 0., by letter dated April 1, 1944, notified the Company of
its claim to represent a majority of the Company's employees in the
appropriate unit, and requested a collective bargaining conference:,
The Company replied by letter dated April 10, 1944, refusing recog-
nition on the ground that it believed that the C. I. O. did not, in fact,
represent such a majority.
NORTH CAROLINA SHIPBUILDING COMPANY 1801
The,Company contends that inasmuch as less than a-yeiir has elapsed
since an election was conducted by the Board on September 3 and 4,
1943, in a prior proceeding,2 whetein the C. I. 0. sought to represent
the Company's, employees in substantially the same unit as that which
it here alleges to be appropriate, no election should be held on the
present petition. In that election a substantial majority of-the votes
were cast against representation by any of the participating unions.
Nearly 10 months, however, have elapsed since the election, and the
C. I. 0. and the U. S. A. have submitted designations, all dated sub-
sequent to the election of September 3 and 4, 1943, the total of which
indicates that at the present time a majority of the Company's em-
ployees desire union representation 3 We believe that the policies of
the Act will best be effectuated by conducting an election on the
present petition.4
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.
IV. THE APPROPRIATE UNIT
The parties'stipulated at the liear"irig'that there has-been no,change
in the. circumstances affecting,the classifications included in the unit
which the Board found to be appropriate in Case No. R-5455 (5-R-
1237), in which Decision and Direction, of Election was issued on
July 12, 1943,5 and that such unit is here appropriate. However, all
parties desire inclusion within the unit in the present case of orderlies
in the-clinic or medical department, material men, and tool keepers;
and the Company and the U. S. A. seek to include, whereas the C. I. 0.
seeks to exclude, the classifications of messengers, material checkers,
storekeepers, timekeepers, and piece-work counters. All of the fore-
going categories, except material men, were either specifically, ex-
cluded from the unit in Case No. R-5455 or fell within one of the gen-
eral categories excluded therefrom 6
2 Matter, of North Carolina Shipbuildtinp Company, 51 N. L. R B. 251.
'According to statements of the Field Examiner, introduced in evidence , and of the
Trial Examiner and Attorney for the Board, read into the record at the hearing, the
C. I O. submitted 2,944 authorization cards purporting to bear the signatures of employees
of the Company, dated during the months of January, February, and March 1944, together
with a petition dated in February 1944, purporting to bear the signatures of 2,345 employees.
The U' S A submitted authorizations purporting to bear the signatures of 1,991 employees
of the Company, dated April 22, 24, 25, and 26, 1944. 'There are approximately 12,000
employees in the appropriate unit
4 See Matte, of Detroit Nut Company, 39 N. L. R B 739; Matter of New York Central
Iron Works, Hagerstown, Maryland, 37 N. L. R B. 894.
See footnote 2, supra
In Case No R-:r455, we found the following unit to be appropriate* all production
and maintenance employees of the Company at its Wilmington, North Carolina, shipyards,
including drivers in the transportation department, students and apprentices, but ex-
cludiug' supervisors of the rank of leadrngman and above , blueprint, timekeeping, job
training , piece -work counting , time-study, and plant-protection employees, progressmen,
1802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Orderlies in the medical department:Although, all medical de-
partment employees were excluded from the unit previously found
appropriate, janitors in this department, as well as in other depart-
ments, were included. The record in the instant case discloses that
'there are no janitors in the medical 'department other than the order-
lies, who perform the duties of janitors. The record further dis-
closes that, while on occasion they may assist in handling an injured
'employee and assist in the storage of, medical supplies, the orderlies
-do not assist in the treatment of persons who require professional serv-
ices of any nature -in the clinic. We shall, therefore, in view of their
janitorial functions, include orderlies in the unit.
Material men are employed in nearly all of the operating depart-
ments to follow up material and see that it is on hand for use by the
mechanics. In cases in which the material is not too heavy to be
handled by them, they_deliver the-material to the point where it is
needed. , Although material checkers were specifically excluded, as
clerical employees, from the unit previously found to be appropriate,
the classification of, material men was; not so excluded.7 The record
discloses that only a small portion of the duties of the material men is
clerical, approximately 80 percent of their work consisting of physical
labor. We shall include material men within the unit.
Tool keepers are'stationed in the Company's toolrooms,,and issue
tools as they are needed by the mechanics, collect them after use, and
keep them in repair. Although they are required to prepare a ticket
for each tool that is issued; such duties of a clerical nature form only
a small portion of their work. In our decision in Case No: R-5455
we excluded tool checkers from the unit, the record in that case indi-
cating that the tool checkers and tool keepers were practically iden-
tical classifications, performing largely clerical duties. The record
in the instant case, however, discloses'that substantially the entire time
of these employees is spent in physical labor. Their interests, there-
fore, appear to be in common with those of the production and main-
tenance. employees. We shall, therefore, include tool keepers or
checkers in the unit.
Messengers, material checkers, storekeepers, timekeepers, piecework
counters.-In regard to these classifications, as to whose inclusion the
parties are in disagreement, no sufficient reason is disclosed. , by the
record in the instant case for departing from our previous finding
that they,should' be excluded from the unit. The nature of their duties
draftsmen, chemists, material and tool checkers, storekeepers, medical department em-
ployees except janitors, all other clerical and technical employees, and any other super-
visory employees with authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such action.
' The record indicates, however, that the parties considerd material men as having been
excluded from the unit in the prior case. '
NORTH CAROLINA SHIPBUILDING COMPANY o 1803
is in each instance such as to indicate that these employees do not
possess interests",sufficiently in common with those of the production
and maintenance employees to justify their inclusion in the unit.
We shall, therefore, exclude them.
We find that all production and maintenance employees of the
Company at its Wilmington, North Carolina, shipyards, including
drivers in the transportation department, material men,, tool keepers,
or checkers, students and apprentices; but excluding supervisors of the
rank of le'adingman and above, blueprint, timekeeping, job training,
piece-work counting, time-study,, and plant-protection employees,
messengers, progressmen, draftsmen, chemists, material checkers,
storekeepers, medical department' employees except orderlies whose
fuilctiolis are principally janitorial, all other clerical and technical
employees-and any other 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 mean-
ing,of'Section 9 (b), of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be^ resolved'by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election-
herein,' subject to the limitations and,'additions set forth in the
Direction.8
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,'it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with North Carolina-
Shipbuilding Company, Wilmington, North Carolina, 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 Fifth 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
The parties respectively requested that their names appear on the ballot as follows
C 1 0., and U. S A , Inc ' These requests aie hereby granted
1804 o DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 of 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 they desire to be represented by C. I. 0., or by
U. S. A., Inc., for the purposes of collective bargaining, or by neither.
MR. GE$ARD D. REILLY took no part in the consideration of-the above
Decision and Direction of Election.