Nashville Bridge Co.

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.