The Somerset Shipyards, Inc.

National Labor Relations Board - Board Decisions

Mar 23, 1943

48 N.L.R.B. 430 (N.L.R.B. 1943)

In the Matter of THE SOMERSET SHIPYARDS, INC. and INTERNATIONAL
BROTHERHOOD OF BOILERMAKERS , IRON SHIPBUILDERS AND HELPERS-
OF AMERICA, A. F. OF L.
Case No. R-4821.-Decided March 23, 1943
Jurisdiction : barges and mooring buoys, manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition : election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid production and
maintenance employees of the company, excluding supervisory employees who
have the authority to hire and discharge, office and clerical employees, and
executives; stipulation as to.
Mr. Joseph Fisher, of Boston, Mass., for the Company.
Mr. Paul Honey, of North Weymouth, Mass., for the Boilermakers.
Grant d -Ango ff, by Mr. Frederick Cohen, of Boston , Mass., for
the C. 1. 0.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND '
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Boiler-
makers, Iron Shipbuilders and Helpers of America, A. F. of L.,
herein called the Boilermakers, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Somerset Shipyards, Inc., South Somerset, Massachusetts, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Thomas H. Ram-
sey, Trial Examiner. Said hearing was held at Fall River, Massa-
chusetts, on February 1, 1943. At the commencement of the hearing,
the Trial Examiner granted a motion of Industrial Union of Marine
and Shipbuilding Workers of America, C. I. 0., herein called the
C. I. 0., to intervene. The Company, the Boilermakers, and the C.
I. O. appeared and participated in the hearing, and all parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
48 N. L. R. B., No. 54.
430
THE SOMERSET SHIPYARDS,' INC. 431'
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
1. THE BUSINESS OF THE COMPANY
The Somerset Shipyards, Inc. is a Massachusetts corporation with
its principal place of business at South Somerset, Ma"ssachhsetts, where
it is engaged in the building of mooring buoys for the United States
Navy and barges for the United States Army. During the six-month
period preceding February 1, 1943, the Company purchased raw ma-
terials valued at about $150,000, all of which was shipped to it from
points outside the State of Massachusetts. During the same period,
the Company shipped finished products valued at about $40,000, ap-
proximately 90 percent of which was shipped to points outside the
State of Massachusetts. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Boilermakers, Iron Shipbuilders and
Helpers of America is a labor organization affiliated with the Amer-
ican Federation of Labor, admitting to membership employees of
the Company. '
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.
III. THE QUESTION CONCERNING REPRESENTATION
On December 16, 1942, the Boilermakers requested the Company to
recognize it as the exclusive representative of. the Company's em-
ployees. The Company refused this request.
- A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Boilermakers and the C. I. O. each
represents a substantial number of employees in the unit hereinafter
found to be appropriate.'
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.
1 The Regional Director reported that the Boilermakers presented 57 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of January 6. 1943. He further reported that the C. I. O. presented 21 n}ember-
ship application cards bearing apparently genuine signatures of persons whose names
appear on that pay roll. There aie 81 persons on the January 6, 1943 , pay roll who are
in the appropriate unit.
'432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE' UNIT
We find, in accordance with a stipulation of the parties, that all
hourly paid production and maintenance employees of the Company,
excluding supervisory employees who have the authority to hire and
discharge, office and clerical employees, and executives, constitute a/
unit appropriate for the purposes of collective bargaining, within
the meaning of Section9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
• The Boilermakers and the C. I. O. request that an election be held
in the immediate future. The• Company contends that no election
should beheld because it expects its personnel to increase threefold
because of pending contract negotiations with the United States Gov-
ernment. The record indicates that at the time of the hearing .there
were approximately 95 employees in the appropriate unit. Repre-
sentatives of the Company testified that the Company was presently
negotiating with the United States Government for contracts which
would require' its personnel. to increase to about 250. However, the
Company has received no new contracts and the record' indicates that.
there is considerable-uncertainty as to when any new contracts requir-
ing an appreciable expansion of personnel" will be received. We
shall accordingly ' proceed with an immediate determination of
representatives.
In one respect, however, we shall, in view of the circumstances
herein presented, modify our usual practice. Ordinarily we refuse,
for administrative reasons, to entertain a petition for an investiga-
tion and certification of representatives within a year after we have
issued a certification. Since there is some possibility of, an expan-
sion of the Company's operations which will almost triple the num-
ber of employees, we shall not, in the event a collective bargaining
representative is certified as a result of this proceeding, adhere to our
usual one-year rule. We shall, instead, entertain a new petition for
an investigation and certification of representatives at any time fol-
lowing issuance of any certification, provided we are satisfied, under
all the circumstances then shown' (including proof that there has been
a substantial increase in the number of employees and that the peti-
tioner represents a substantial number of employees), that a question
affecting commerce has arisen.2
2 See'Westtinghouse Electric &. Manufacturing, Company and International Association
of Machinists , Local 804 , A. F. of L., 38 N . L. R. •B. 404.
THE SOMERSET SHIPYARDS, INC. 433
We shall direct that the employees eligible to vote in the election
shall be those within 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.
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
DIRECTEIY that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Somerset
Shipyards, Inc., South Somerset, Massachusetts, 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 First Region, acting in
this 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, Niho were employed during the pay-roll period immediately
preceding the date of this Direction, including any such employees
who did not work during said pay-roll 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 they desire to be represented by In-
ternational Brotherhood of Boilermakers, Iron Shipbuilders and
Helpers of America, affiliated with the American Federation of Labor,
or by Industrial Union of Marine and Shipbuilding Workers of
America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither.
Mn. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.
I