Pennsylvania Shipyards, Inc.

National Labor Relations Board - Board Decisions

May 27, 1943

49 N.L.R.B. 1194 (N.L.R.B. 1943)

In the Matter of PENNSYLVANIA SHIPYARDS, INC. and BEAUMONT
I METAL TRADES COUNCIL
Case No. R-5 91.-Decided May 27, 194
Mr. Guy A. McFarlwid, of Houston, Tex., and Mr. R. R. Clark, of
Beaumont, Tex., for the Company.
Union.
rwdrd and J. TF. Park, of Beaumont , Tex., for the
Miss Muriel J. Levor, of - counsel to the Board.
DECISION
AND
DIRECTION OF, ELECTION
STATEMENT OF THE CASE
Upon an ,amended petition duly filed by Beaumont Metal Trades
Council herein called the Union, l alleging that a question affecting
commerce had arisen concerning the representation of the employees
of Pennsylvania Shipyards, Inc., Beaumont, Texas, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before'Lindsay P. Walden, Trial
Examiner. Said hearing was held at Beaumont, Texas, on May 5,
1943. The Company and the Union appeared, participated, and were
afforded full opportunity to be iheard, 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Pennsylvania Shipyards, Inc., is a Delaware corporation with its
principal place of business at Beaumont, Texa', where it is engaged
I The Union represents International Longshoremen's Association, Local No. 1679, one
of its constituent unions.
49 N. L. R. B., No. 174.
1194 1
PENNSYLVANIA SHIPYARDS, INC. 1195
in'the construction and repair of ships. During the year 1942, the
Company purchased raw materials valued in excess of $5,000,000,
from points outside the State of Texas. During the same period the
Company completed ships valued in excess of $10,000,000 for the
United States Maritime Commission and the United States Navy.,
II. THE ORGANIZATION INVOLVED
Beaumont Metal Trades'.Council is a labor organization consisting'
of various constitutent local unions, including International Long-'
shoremen's Association, Local No. 1679. The Union is affiliated with
the American Federation of Labor, and admits to membership em-
ployees of the Company.
III. THE QUESTION. CONCERNING REPRESENTATION
On or about February 16, 1943, the Union, by letter to the-Com-
pany, requested recognition as the exclusive bargaining representa-'
five of certain of the Company's employees. The. Company refused
to grant such recognition unless and until the Union is certified as
exclusive bargaining representative by the Board.
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate 2 , -
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 National Labor
'Relations Act.
IV. THE APPROPRIATE UNIT
The Union claims as appropriate for collective bargaining, a unit
composed of "timekeepers designated by the Shipyards as Occupa-
tion No. 8 of Department No. 4." At the hearing the Union eluci-
dated its contentions by stating that the unit should consist of all'
production timekeepers (yard timekeepers) employed at the Com-
pany's Beaumont Shipyards, excluding the chief timekeeper, any
office timekeepers, and the clerical employees working in the time-
keeping, department. ' The sole controversy concerns three supervis-
ory timekeepers whom the Union contends should be included on the
ground that their supervisory duties are- not extensive. The Com-
pany urges their exclusion and states that a change to salaried status,
together with increase in pay, awaits only the National War Labor
Board's approval of a pending request.
'The Field Examiner reported that the Union submitted 61 authorization cards Of
these cards , 54 bearing apparently genuine original signatures correspond with the names
on the Company 's pay roll of February 28, 19 4 3, containing 75 names.
1196 , DECISION1S OF NATIONAL 'LABOR REILATIIONiS BOAIRD
The timekeepers in controversy have only been supervisors for
two or three months and at present receive 6-cents per hour more
than do the other production timekeepers. It appears that their
duties require them to do the same work as the regular timekeepers
only at such times as the Company is shorthanded. Otherwise they
give their attention to the work of the others and give assistance when
called upon. The chief timekeeper testified that the disputed time-
keepers have the authority to recommend hiring or, discharging,
although that power has seldom been exercised. ' One of the super-
visory timekeepers works on the day shift and the other two on the
night shift. Consequently they supervise the work of a considerable
number of employees since there are about 75 production timekeepers.
We find that these three timekeepers are supervisory employees, and
we shall exclude them from the unit.
We find that all production or yard timekeepers employed at the
Company's Beaumont Shipyards, excluding the chief timekeeper,
all supervisory timekeepers, office timekeepers and the clerical em-
ployees of the department, constitute a unit appropriate for the
purposes of collective bargaining within the meaning 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 Elec-
tion herein, subject to the limitations 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 Rela-
tions 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 Pennsylvania
Shipyards, Inc., Beaumont, Texas, 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 Sixteenth Region, acting in this
3 Although the Union is representing the International Longshoi emen 's Association,
Local No. 1679, it'requested that it appear on the ballot as Beaumont Metal Trades Council,
since it has contracts with the Company for other types of employees . The request is
hereby granted.
PENNSYLVANIA SHIPYARDS, INC. 1197
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations, among
the employees in the unit found. appropriate in Section IV, above,
who were employed during the payroll. period immediately pre-
ceding the date of this Direction, including employees who did not
work during said payroll period because they were ill or 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 to
determine whether or not they desire to be represented by Beaumont
Metal Trades Council, affiliated with the American Federation of La-
bor, for the purposes of collective bargaining.