Odenbach Shipbuilding Co.

National Labor Relations Board - Board Decisions

Jun 9, 1943

50 N.L.R.B. 317 (N.L.R.B. 1943)

In the Matter of ODENBACIr SHIPBUILDING COMPANY a42d INTERNA-
TIONAL BROTHERHOOD OF BOILERMAKERS , IRON SHIPBUILDERS , WELDERS
AND HELPERS OF AMERICA, AFFILIATED WITH THE A.F. OF L.
Case No. R-4852
SUPPLEMENTAL DECISION
AND
ORDER'
June 9, 1943
On March 1, 1943, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in this
proceeding., Pursuant to the Direction of Election, an election by
secret ballot was conducted on March 19, 1943, by the Regional
Director for the Third Region (Buffalo, New York). On March 20,
1943, the Regional Director, acting pursuant to Article III, Section
10, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued and duly served upon the parties an Elec-
tion Report.
As to the balloting and its results, the Regional Director reported
as follows:
Total eligible----------------------------------------------- 435
Total ballots cast------------------------------------------- 344
Total ballots challenged------------------------------------- 2
Total valid votes counted------------------------------------ 342
Votes east for International Brotherhood of Boilermakers, Iron
Shipbuilders, Welders and Helpers of America, affiliated with
the A. F. of L---------------------------------------------- 169
Votes cast against International Brotherhood of Boilermakers,
Iron Shipbuilders, Welders and Helpers of America, affiliated
with the A F of L---------------------------------------- 173
On March 24, 1943, the International Brotherhood of Boilermakers,
Iron Shipbuilders, Welders and Helpers of America, affiliated with,
the A. F. of L., herein called the AFL, the petitioner in this proceeding,
filed objections to the conduct of the election and to the Election Report.
147 N L R B 1261.
50 N. L. R. B., No. 46.
317
318 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
On April 13, 1943, the Regional Director, having investigated ' the
matter, issued and duly served upon the parties a Report on Objec-
tions.- The Regional Director reported that this investigation revealed
indications of unlawful intimidation and interference with the elec-
tion, acid recommended that the Board direct a hearing, on said-
objections. , , , I • <
Pursuant to an order of the Board and pursuant to notice duly
served upon the parties, a hearing was held on May 11, 1948, before
Henry J. Kent, Trial Examiner. The Board, the Company, and the
AFL appeared, participated, and were afforded full opportunity to
be heard, to examine and cross-examine witnesses; and to introduce
evidence bearing on the issues.' At the hearing the Company moved
to dismiss the proceeding on the grounds that (1) the Union did not
present its petition under its proper name, but included "welders" in
the title, whereas, in fact, said word should not be contained in the
title, and (2) the Board has no jurisdiction-in this proceeding inas-
much as the Company is not engaged 'in interstate commerce. The
Examiner referred this motion to, the Board. At the hearing 'on
objections the AFL `moved to correct its name by -omitting the word
"welders" therefrom, and we have heretofore determined that the
Company is engaged in commerce within,, the meaning of the National
Labor Relations Act. Accordingly the motion to dismiss the pro-
ceeding is denied. The Trial Examiner's rulings made at the hearing
,are free from prejudicial error and are hereby affirmed.
Upon the record so made, the Election Report, the objections of
the AFL, and the record previously made, the Board makes the
following :
SUPPLEMENTAL FINDINGS OF FACT
The objections alleged in substance that the Company interfered
with the election by discharges, circulars, wage increases, speeches by
its president, and actions of its foremen.
The record discloses that on or about January 4, 1943, Angelo
La Loggia, an automatic operator, helper, and welder, and an advo-
cate of unionization, was told by his foreman, Walter Dick, "I under-
stand you are doing 'a lot of talking . :. If you like your job, leave
-things the way they are." The following day, La Loggia's card was
missing from the rack: When he inquired of Schneider, the per-
sonnel, director, the reason for its absence, 'Schneider told hin7,, "I
have orders to let you go . . •. You.'know more about it than I do.
You know what it is all about:", - z' ,o ' ' ' „• ,. ,
On January 9, subsequent to the discharge of La Loggia,-the em-
ployees of the Company held a meeting at which they decided to
affiliate with the AFL.
On or about January 11, Louis Hoffman, an automatic electric
1 welder, who had presided over the 'meeting of January 9, passed
ODENBACH SHIPBUILDING COMPANY ' 319
out application cards during the lunch period in the lunchroom of
the Company . That evening his time card was missing from the
rack. He asked Schneider with regard to this and was told, "Go
down to the company office . . . and get your money ." Hoffman
asked Schneider why he was discharged , but received 'no answer.
He had previously received a raise and had been told by Walter Dick,
his foreman , that his work was satisfactory.
Henry Cerrarr , an electric welder, testified , that on or before Jan-
uary 11, - while talking , to fellow employees during the , lunch period
concerning the union, he was overheard by his foreman who later
told him that if he didn 't stop talking "union" he would be laid off;
that about this time , John H. Odenbach , the president - of the Com-
pany, addressed the employees in the lunchroom , of the Company
during their lunch period , told them that. he would not stand for
any closed shop in his plant, and threatened to inflict violence upon
anyone agitating for a union ; that in spite of this Cerrarr continued
to pass out application blanks and "talk union"; that shortly there-
after, he became ill and was away from work; and that during this
period, on or about January 15, he was discharged . Cerrarr was
rehired on February 17, and on or about February 24, was told by
his foreman , Jack Brown, that "somebody said you were passing out
union cards and that is why you were laid off."
On or about March 11, a period midway between the issuance of
the Decision and Direction of Election herein, and the date set for
the election , a circular dated March 10, over the signature of John H.
Odenbach , was distributed among the employees . The following is
an excerpt from this circular :
You do not have to belong to a Union or any other organization
to work here , this plant is open-shop , and we will not permit any
workman. or other person to agitate or sabotage your work effort.
We will not permit any argument for or against the Union or
any-other organization during working hours.' Argument leads
to strife and destroys that free feeling toward each other. Let's
avoid it. Discussion of your problem or complaint can be taken
up with your foreman or supervisor and we are sure it can be
adjusted to your satisfaction . If you have any idea as to how to
improve our building ships faster-let's have them. '
Shortly after the distribution of this circular , Odenbach addressed
the employees repeating the statements contained therein. -
The Company granted several of the welders an increase in pay
which was received by them in their pay • envelopes on the pay day
immediately preceding the date of the election . Shortly thereafter,
the foreman of the welders , Walter Kazerowski , approached several
of the welders and asked at, least one of them about his views with
regard to the coming election . He told Frank Quattrocchi, an em-
i
320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployee active inithe organizational drive of the AFL, that lie [Quat-
trocchi] "would be sticking [his] neck out for only a, dime raise." 2
On March 18, pursuant to notices previously posted, Odenbach
addressed his employees, most of whom were welders, for about 20
minutes 3 in the' lunchroom of the Company., He told them that his
attorney had checked the constitution of the AFL, and that the word
"welders" did not appear therein. He further told them that all com-
plaints-.should be taken up with the foremen. We find that this speech
was calculated and timed to influence the choice of the welders.
On March 19, the day of the election, Henry Deigmiller, a foreman,
told Cerrarr, "I would not vote for the union for only 60 cents an
hour." On the same day, Kazerowski and Nereau, another foreman,
told Hyman-Cohen, in the presence of another employee, that the fore-
men would have to push the men harder if the Union came in and that
the men would be the losers in the long run.
While the Company did not adduce any evidence in contradiction
of the testimony set forth' above, it contends that many of the afore-
mentioned actions took place prior to the hearing in this proceeding,
and that the AFL was therefore estopped from raising any objections
based thereon, inasmuch as its observers certified that the election was
properly conducted. We do not agree with this contention. The cer-
tification does not constitute an estoppel, but is applicable only to the
actual conduct of the balloting. We find that all activities of the
Company above-mentioned are material with regard to whether the
Company interfered with the election.
On the basis of the entire record, we conclude and find that the
Company through the anti-union statements and 'activities of the
foremen and the president of the Company during the weeks preced-
ing the election, the circular issued over the signature of the president,
and the increases granted to welders during the pay-roll period preced-
ing the date set for the election, accompanied by the speech of March
18, 1943, interfered with the freedom of its employees to vote without
restraint in the election.4 Accordingly, we sustain the -AFL's objec-
tions to the conduct of the election and shall set aside the election held
ion March 19, 1943. When the Regional Director advises us that the
time is appropriate, we shall direct that a new election be held among
the Company's employees.
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby vacates and sets aside the election held in this
proceeding on March 19, 1943, and,the result thereof.
2 The Company's wage sates comply with the Great Lakes Stabilization Agreement which
places a ceiling on wages of first -class skilled mechanics of $1 20 an hour. Quattrocchi
was receiving, after this last increase, $1 10 per hour.
3 The employees were paid for this time.
' We do not decide in this .proceeding whether La Loggia, Hoffman, and Cerrarr were
discharged because of their union activity.