Nashville Bridge Co.

i In the Matter of NASHVILLE BRIDGE COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, INTERNATIONAL BROTHER- HOOD OF BOILERMAKERS, IRON SHIPBUILDERS AND HELPERS OF AMER- ICA, AND INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. B-4929.-Decided May 8, 1913 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., for the -Boilermakers. Mr. C. McMillian, of Nashville, Tenn., for the I. B. E. W. Mr. James F. Leahy and Mr. Stanley O'Connor, of Nashville, Tenn., for the I. A. M. . Mr. W. W. Webb, of Nashville, Tenn., for the Iron Workers. Mr. Louis Cokin, of counsel to the Board. DECISION AND" DIRECTION OF ELECTION 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, Tennessee, on February 22, 1943. The Company and the Unions appeared and participated in the hearing.2 All parties were afforded 'The Unions are sometimes referred" to. herein singularly, as the I. B. E . W., the Boiler- makers, and the I A. M, respectively 2 Although International Association of Bridge, Structural and Ornamental Iron Workers of America, herein called the Iron , Workers, was served with notice of hearing , it did not appear. - 49 N. L. R. B., No. 91. '629 t I 630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD full opportunity to be heard, to examine and, cross-examine witnesses, and to introduce evidence bearing on the- issues. The Trial Exam- iner's rulings made at the hearings,, are free from prejudicial error and are hereby affirmed. On March 11, 1943, the Board issued a Decision and Order 3 direct- ing that the petition be dismissed. Thereafter, the I. A. M., the I. B. E. W., and the Boilermakers filed motions requesting that the Board reconsider its Decision and Order and modify, same. Pursuant, to an order of the Board dated March 29, 1943, a further hearing, was thereafter held, after due notice, at Nashville, Tennessee,, on April 8, 1943, before T. Lowry Whittaker, Trial Examiner. The Company, the Unions, and the Iron Workers appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the further hearing are free from preju- dicial error and are hereby affirmed. The Board hereby orders that they Decision and Order of March 11, 1943, be, and the same hereby is; set aside and vacated. 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 prin- cipal place of business at Nashville, Tennessee, where it is engaged 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 the same year the Company manufactured 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. H. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers, International Brotherhood of Boilermakers; Iron Shipbuilders and Helpers of America, International Association of Machinists, and International Association of Bridge, Structural, and Ornamental Iron Workers are labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Company. ' 48 N. L. R. B., No. 1. NASHVILLE BRIDGE COMPANY III. THE QUESTION CONCERNING REPRESENTATION 631 On March 5, 1941, the Company entered into an exclusive joint contract with the Iron Workers and the I. A. M. On January 21, 1943, the Unions requested recognition from the Company as exclu- sive bargaining representative. 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 5,1944. The contract between the Company and the I. A. M. and the Iron Workers contains, the following provision : This agreement and the provision 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) days prior to that date of such expiration of this agreement by either party to the other, the agreement shall auto- matically 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. The Company contends that the contract constitutes a bar to the present proceeding, inasmuch as it was automatically renewed on January 5, 1943. , The evidence introduced at the hearing indicates that the Iron Workers has not functioned under the terms of the contract since at least May 8, 1942, and that it has had no dues-paying members since that time. A representative of the Iron Workers testified at the re- opened hearing that the Iron Workers has no interest among the em- ployees of the Company and that, in'the event the Board directs an election, it does not desire to appear on the ballot. It is clear that on January 5, 1943, the date upon which the contract allegedly renewed itself, the Iron Workers had no membership among the employees of the Company, and that the Iron Workers was not functioning at the Company's plant. This case does not involve a. contest between rival labor organizations competing for the right to represent the employees. The Iron Workers is dormant at the Com- pany's plant, and a substantial number of employees now desire to be represented by the Union.4 We find, therefore, that the contract be- tween the I. A. M. and the Iron Workers and the Company does not constitute a bar to an election. 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. 4 A statement of a Field Examiner of the Board , introduced into evidence at the hear- ing, shows that the ' Unions presented 454 authorization cards or dues-ledger cards bearing the names of persons who appear on the Company 's pay roll of January 22, 1943. There are 860 employees in the appropriate unit. - 632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT The Unions,urge that, all employees at the Nashville plant of the Company, excluding office, clerical, -and supervisory employees, watch- men, guards, timekeepers, engineers, draftsmen, and technical em- ployees, constitute an appropriate unit. The Company took no position with respect to the unit. The unit urged by the Unions is substantially the same as that covered by the contract between the I. A. M. and the Iron Workers.and the Company. We find that all employees at the Nashville plant of the Company, excluding office, clerical, and supevisory employees, watchmen, guards, timekeepers, engineers, draftsmen, and technical employees, 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 means of an election by, secret ballot among the employees 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. 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Nashville Bridge Company, Nashville, Tennessee, 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 Tenth 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, who were employed dur-, ing the pay-roll period immediately preceding the date of this Direc- tion, 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 or not, they desire to, be represented jointly by International,Brother= hood of Electrical Workers, International Brotherhood of Boiler- makers- Iron Shipbuilders and Helpers of America,, and International Association of Machinists, for the purposes of collective bargaining.