Gibbs Gas Engine Co.

In the Matter `of GIBBS GAs ENGINE COMPANY and INT'L BROTHER- HOOD OF BOILERMAKERS, IRON-SHIPBUILDERS, WELDERS cC HELPERS OF AMERICA; LOCAL # 199 - In the Matter of GIBBS GAS ENGINE COMPANY and LODGE;'#731, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH A. F OF L. In the Matter -of; GIBBS GAS ENGINE COMPANY and SHIP WORKERS ASSOCIATION SOUTH,JACKSONVILLE CHAPTER No 1 In the Matter''of GIBBS GAS` ENGINE COMPANY and LOCAL #435, SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFFILIATED WITH-THE AMERICAN FEDERATION OF LABOR In the Matter of GIBBS GAS ENGINE COMPANY and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS, AND HELPERS In the Matter of GIBBS GAS ENGINE COMPANY and UNITED BROTHER- HOOD OF CARPENTERS L'' JOINERS OF AMERICA, SHIP CARPENTERS LOCAL 2090 In the Matter of GIBBS GAS ENGINE COMPANY and BROTHERHOOD OF PAINTERS, DECORATORS AND PAPER HANGERS OF AMERICA, LOCAL UNION No 164 Cases Nos R-3898 to R-3904, inclusive, respectively -Decided July 10, 1942 Juiisdiction : boat repair and construction industry Investigation and Certification of Representatives : existence of question re- fusal of Company to deal with rival, organizations until certified by the Board; craft unions affiliated with same parent oiganization which sought respective craft units, permitted to paiticipate in election for employees in industrial unit found appropriate if they wish to be iepiesented theiem by a cooidinat- ing baiganung representative, election necessiiy Unit Appropriate for Collective Bargaining : in absence of change in circum- stances pi ioi determination of unit conclusive, all emplo3 ees, including leaders and watchmen but excluding supervisory and clerical employees held appro- pniate - Mr Alexander E. Wilson, Jr, and Mr. Ralph L. Wiggins, for the Board Mr. John W Donahoo and Mr William W Gibbs, of Jacksonville, Fla, for the Company Mr T M Tallis, of Jacksonville, Fla, for the Boilermakers. 42NLRB,No65 272 GIBBS GAS ENGINE COMPANY 273 Mr Daniel L Millan, of Jacksonville , Fla, for the Machinists Mr Rhydon C. Latham, of Jacksonville , Fla, for the Ship Workers Mr Carl C. Gardner, of Jacksonville , Fla , for the Sheet Metal Workers , - "Mr J N Brown, of Jacksonville, Fla , for the Blacksmiths. Mr. Van Pittman , of Jacksonville , Fla-, for the Ship Carpenters. Mr D. W. Sharpe, of Jacksonville , Fla, for the Painters. Mrs Augusta Spauldmg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION. STATEMENT OF THE CASE Upon petitions duly filed by Int'l Brotherhood of Boilermakers, Iron Shipbuilders, Welders & Helpers of America, Local #199, herein called the Boilermakers, by Lodge #731, International Associ- ation of Machinists, herein called the Machinists, by Ship Workers Association South Jacksonville Chapter No 1, herein called the Ship Workers, by Local #435, Sheet Metal Workers International ,Association, herein called the Sheet Metal Workers, by International Brotherhood of Blacksmiths, Drop Foigers, and, Helpers, herein called the Blacksmiths, by United Brotherhood of Carpenters & Joiners of America, Ship Carpenters Local 2090, herein called the Shil Carpenters, and by Brotherhood of Painters, Decorators and Paper Hangers of America, Local Union No. 164, herein called the Painters' each alleging that a question affecting commerce had arisen concerning the representation of employees of Gibbs Gas Engine Company, Jacksonville, Florida, herein called the Company, the National Labor Relations Boaid provided for an appropriate con- -solidated hearing upon due notice befoie Charles E Persons, Trial Examiner Said heating was held at Jacksonville, Floiida, on May 25 and 26, 1942 The Board, the Company, the Boilermakers, the Machinists, the Ship Workers, the Sheet Metal Workers,'the Black- smiths, the Ship Carpenters, and the Painters appeared and partiwi- pated' All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affiimed. _ Upon the entire record in the case, the Board makes the following: IIndustrial Union of Marine & Shipbuilding Workers of America, affiliated with the Congress of Industrial Organizations , although served with notice, did not appear 472814-42-vol 42-18 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Gibbs Gas Engine Company is engaged in the construction and repair of small boats at its shipyards in Jacksonville, Florida ' At the present time, the construction and conversion of boats for use by the United States Government,constitutes approximately 95 per- cent of its business 'During the year 1941 the Company, pui chased -raw materials, consisting -of steel, lumbei, and hardware, approxi- mately 60 percent of which was brought to the shipyaid from points outside Florida During the same peiiod the Company's gross re- ceipts were in excess of $200,000 The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act II THE ORGANIZATIONS INVOLVED Int'l Brotheihood of Boileimakers, lion Shipbiuldeis. Weldeis & Helpers of America, Local #199, Lodge # 731, Inteinational Asso- ciation of Macliiists, Local k423, Sheet Metal Woikeis Inter- national Association, International Brotherhood of Blacksmiths, Drop Forgers, and Helpers, United Brotherhood of Carpenters & Joiners of America, Ship Carpenters Local 2090, and Brotherhood 'of Painters, Decorators and Paper Hangers of America, Local Union No 164; are/ labor of ganizatron5 affiliated with the American , Fed- eration of Labor, admitting to inembeislip employees of the Company. - - Ship Workers Association South Jacksonville Chapter No 1 is an unaffiliated labor organization, admitting to niembei ship employees ,of the-Company III '111E QUESTION CONCERNING REI'RESENIATION Upon petition duly filed by Jacksonville Metal Trades Council, an oiganization composed of local lodges affiliated N nth the American Federation of Labor, herein called the Council, the Board on August 5, 1941, directed an election among employees at the Company's shipyard -' On September 15, 1941, since no collective bargaining representative had been selected by mayor i ty of such employees in the election, the Board dismissed the petition filed by the Council, noted above 3 After the election, employees at the Company's ship- 2 Matter of Gibbs Gas Engine Company and Jacksonw1le Metal Trades Council, affiliated with the Amerman Federation of Labor, 33 N L R B 1110 335NLRB433 GIBBS GAS ENGINE COMPANY 275 yard formed the Ship Workers, an unaffiliated organization; one of the petitioners in this proceeding - - In January 1942, the Ship Workers asked the Company for recog- nition as exclusive bargaining agent of the Company's employees. The Company and the Ship Workers carried on some negotiations with respect to a contiact In March 1942 the Boilermakers asked the Company to bargain for craft employees eligible to its member- ship The Company questioned its majority among them. -The Boilermakers ^ then filed its petition in this proceeding While its petition was pending, the organizer r of" the iBoilermakers conducted in informal election at the Company's plant among-employees in its craft, announced a majority vote in favor of,,the Boilermakers, and tendered a closed-shop contract to the Company The Company re- jected the proposed contiact and tendered a "members only" counterproposal - , In April 1942 the Machinists also asked for a bargaining contract, claiming to repiesent a majority of employees within its craft In view of the conflicting claims of these organizations, the Company then refused to take any further steps in the matter of bargaining with any labor organization until it should be certified by the Board The Machinists, thereupon, filed its petition herein, On May 23, 1942, the Sheet MetalWorkers asked the Company to baigain for employees in its craft and filed its petition in this pro- ceeding , The Company did not answer this letter ' On the day of the i eaiing, because the Ship Woikers was claiming to include in its proposed unit employees who were members of the Blacksmiths, the Ship Carpenteis, and the Painteis, each of these craft unions, claim- ing to represent a majority of employees in its iespective ciaft, like- wise filed its separate petition for investigation and certification lieiein' ` A statement prepared by a Field Examiner and introduced into evidence at the hearing discloses that the Ship Workers represents a substantial numbei of employees in the appropriate unit 4 4The Boilermakeis submitted to the Field Examiner an affidavit listing 107 names pur- poitmg to be members of the Boilermakers within the unit proposed by_it Of these 107 names 97 are names of persons on the Company s pay roll, of March 24, 1942 Theie are 161 employees in its proposed unit - The Machinists submitted to the Field Examiner 32 authorization cards, which a p^ar to -bear genuine signatures of employees on the Company s pay roll of March 24, 1942 There are 49 employees in its pioposed unit All such cards were dated in Apill 1942 The Sheet Metal lT orkeis submitted to the Board's attorney 19 cards, 12 of which bear apparently genuine signatures of employees on the pay roll of March 25, 1942 All these cards were dated May 10 and 15, 1942 There are about 20 employees in its propo,cd unit The Blacksmiths submitted to the Board 's attorney 12 cards, 9 of which bear aprar- entii genuine signatures and names similar to those on the March 25, 1942, pay roll A I 276 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD 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. IV. THE APPROPRIATE UNIT The Ship Workers contends that all employees of the Company, includmg_leaders, but excluding clerical employees and'foremen and other supervisory employees, constitute an appropriate unit The six petitioning craft unions affiliated with the American Fed- eration of -Labor, herein called collectively the Affiliates, severally contend that all employees eligible to membership, in each craft union 5 constitute respectively a separate' bargaining unit 6 In the prior- representation proceeding cited iii footnote 2 above, the Council and the Company agreed, and the Boaid found, that the appropriate bargaining unit included all employees at the Com- pany's, shipyard, including leaders and watchmen,- but -excluding supervisory and clerical employees ,= There has been no material -chang&,in the physical structure of the shipyard or in the working conditions of the employees therein since this unit was found by the Board to be appropriate. Although the Company has somewhat extended its -activities, it has proportionately increased the number of its employees in the several departments of the yard - Footnote '-Continued cards are dated between May 15 and May 28, 1942 Theie are 19 employees in its proposed unit The Ship Carpenters submitted to the Board 's attorney 277 cards, 233 of which bear apparently genuine signatures of employees on the March 25, 1942 , pay roll All caids are dated in 1942 There are about 450 employees in its proposed unit The Painters submitted to the Board's attorney 34 cards , 31 of which bear apparently genuine signatures of employees on the pay roll of March 25, 1942 All cards were dated May 15, 1942 Thete are about 60 employees in its proposed unit , The Ship Workers submitted to the Field Examiner 590 application cards, 477 of which bear apparently genuine signatures of employees in the appropriate unit At the hearing the Ship Workers tendered to the Board's attorney 102 additional cards, but these cards were not checked Accoiding to evidence received at the hearing, the Ship Workers has a present membership of 700 employees of the Company and represents employees in each of the several crafts repiesented at the shipyard , including electricians and pipe fitters There are 1 ,073 employees in the appropriate unit 6 It is to be noted , however , that the Boilermakers and the Ship Carpenters each pro- poses to include within its craft unit part of the pattern makers , thus splitting a group of employees who constitute a well=defined separate craft customarily repiesented by another affiliate of the American Federation of Labor See footnote 6, infra 6 The Boilermakers contends that the metal pattein makers, welders, anglesmiths , boiler- makers, burners , bar furnacemen , plate furnacemen , cold pressmen , loftsmen, layer-out, planes opeiators , riveters , rivet testeis , ch,ppers , caulkers , roll operatoi , riggers, sbipfitters tank testers , joggler operators , punch and shear operators, holder-on, rivet heaters , slab helpers , bolter -up and helpers , leading men , reamers, erectors , grinders, drillers, laborers , and janitois constitute an appropriate unit The Machinists contends that machinists , helpers, and apprentices constitute an appropriate unit The Sheet Metal Workers contends that sheet metal workers , apprentices and helpers constitute an appropriate unit The Blacksmiths contends that blacksmiths , drop forgers , and helpers constitute an appropriate unit The Ship Carpenters contends that carpenters joiners, wood pattern makers, loftsmen , and apprentices constitute an appropriate unit The Painters contends that all painters and their apprentices constitute an appropriate unit GIBBS GAS ENGINE COMPANY 277 The Council, of which some of the 'Affiliates are members, organ- ized the Company's employees on an industrial basis and sought to represent them in a plant-wide unit. Members of all the Affiliates participated in the plant-wide election conducted by the Board in the fall of 1941 When the Council failed to win the election, the Company's employees formed the Ship Workers, which, as a peti- tioner in this pioceeding, seeks certification as bargaining agent in the same plant unit Under these circumstances, we find no reason to alter the unit found appropriate in the prior representation pro- ceeding 7 We find that all employees of the Company, including leaders and watchmen, but -excluding supervisory and clerical employees, consti- tute 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 find that the question which has arisen concerning the repre- sentation of the Company's employees can best be resolved by an elec- tion by secret ballot. The Affiliates repudiated at the hearing the suggestion of the Trial Examiner that- the American Federation of Labor, the union with which they are all affiliated, act as coordinator of their interests and seek to qualify as baigannng agent for all employees in the plant unit The American Federation of Labor has frequently appeared before the,Board as petitioner on behalf of employees in an industrial unit and, as bargaining agent for such employees, has protected their rights as members of affiliated craft unions s Since it clearly appears that the Affiliates together represent a substantial number of employees in the plant unit herein found appropriate and that the American Federation of Labor, with which they are affiliated, could function as coordinating bargaining repre- sentative of all such employees, we shall provide that the Council or the American Federation of Labor may appear upon the ballot if the Affiliates give notice to the Regional Director within five (5) days of the date of the issuance of our Direction of Election that they desire to participate in the election through either agency. Those eligible to vote in the election shall be all employees of the Company within the appropriate unit who were employed during the 'Matter of The Post-Standard Company and Syiaeiise Mailers Union, Local No 73, 39 N L R B 1313 , and cases cited therein t 8 Cf Matter of Wolf , heim f Sachs, Inc and American Federation of Labor, 42 N L R 13, 232 , Matter of St Louis Steel Products Company and American Federation of Labor and its Affiliated Intonational Unions, 41 N L R B 1261 , and Matter of A E Staley Manufacturing Company and United Grain Processors Union, Local 21400, affiliated with the A F of L , 31 N L R B 946 , ad cases cited therein 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pay-roll period immediately pi eceding the date of this Direction-of Election, subject to the limitations and additions set forth therein DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Boaid by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Aiticle TIT, Section 8, 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 Gibbs Gas En- gine Company, Jacksonville, Florida, an election by seciet ballot shall be conducted as early as possible but not later than thnty (30) days fiom the date of this Direction, under the direction and supervision of the Regional Director for the Tenth Region, acting ni this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company within the unit found appropriate in Sec- tion IV above, who were employed during the pay-roll period im- mediately pieceding the date of this Diiection, including employees who did not work during said pay-roll peiiod because they were ill' or on vacation of in the active militaiy service of training of the United States, or temporarily laid off, but excluding employees who have since quit of been discharged foi cause, to determine whether or not they desire to be i epresented by Ship Woi kei s Association South Jacksonville Chapter No 1, foi the puiposes of collective bai gaining In the Mattel of GIBBS GAS ENGINE COMPANY and INTEL BROTHERHOOD- OF BOILERMAKERS , ILON SHIPBUILDERS , WELDERS & HELPERS OF AMERICA, LOCAL #199 In the Mattel of GIBBS G ^s ENGINE COMPANY and LODGE #731, INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH A F OF L In the Matter of GIBPs GAS ENGINE COMPANY and SHIP WORKERS ASSOCIATION SOUTH JACKSONVILLE CHAPTER No 1 In the Mattel of GIBBS GAS ENGINE COMPANY and LOCAL # 435, SHEET METAL WORKERS INTERNATIONAL ASSOCIATION , AFFILIATED WITH THE AMERICAN FEDFRATION OF L 1BOR In the MATTER OF GIBBS GAS ENGINE COMPANY,and INTERNA'IION\L BROTIIERHOD OF BLACKSMITHS , DROP FORGERS , AND HELPERS In the Mattel of Gin1,s GAS ENGINE COMPANY and UNITED BROTHER- HOOD Or CARPENTERS & JOI\ FRS' or A31FRICA, SIIi ' CARPLNTERS LOCAL 2090 In the Mattel of GIBBS G 1s ENGINE COMPANY and BROTHERHOOD OF PAINTERS , DECORATORS AND P 'PER HANGEi S OF AMERICA, LOC 1L UNION No 164 Cases Nos R-3898 to R-3901t, ,nclnslve, respectively AMENDMENT TO DIRECTION OF ELECTION July 21, 19/2 On July 10, 1942, the National Labor Relations Board issued a Deci- sion and Diiectlon of Election 1 in this proceeding, chlectmng that an election be held among employees of Gibbs Gas Engine Company, Jacksonville; Floiida, to determine whether or not they deslled to be represented for the purposes of collective bargaining by Ship Work- ers Association South Jacksonville Chapter No 1, herem called the Ship Workei s, a petitionei in this pi oceeding International Brotherhood of Boilermakers, Iron Shipbuildeis, Weldeis & Helpers of America, Local #199, Lodge #731, Interna- tional Association of Machinists, Local #435, Sheet Metal Workers international Association,-Inteinational Brotherhood of Blacksmiths, Drop Foigeis, and Helpers, United Brotherhood of Carpenters & 1 42 N L R B, No 65 42NLRB272 279 280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Joiners of America, Ship Carpenters Local 2090; and Brotherhood of Painters, Decorators and Paper Hangers of America, Local Union No. 164, all of which are affiliated with the American Federation of Labor, herein called the Affiliates, are also petitioners herein In its Decision the Board provided that the American Federation of Labor or Jacksonville Metal Trades Council , an organization of local unions affiliated with the American Federation of Labor, might appear upon the ballot if the Affiliates gave notice to the Regional Director within 5 days of the date of issuance of the Direction of Election that they desired to participate in the election through either agency The Regional Director has advised the Board that the Affiliates desire to participate in the election through the American Federation of Labor. We shall, accordingly, amend the Direction of Election to permit their participation The Board hereby amends the Direction of Election issued on July 10, 1942, by striking out the words "to determine whether or not they desire to be represented by Ship Workers Association South Jackson- ville Chapter No. 1, for the purposes of collective bargaining" and by substituting therefor the words "to determine whether they desire to be represented by Ship Workers Association South Jacksonville Chap- ter No 1, or by the American Federation of Labor, for the purposes of collective bargaining, or by neither " MR GERARD D. REILLY took no part in the consideration of the above Amendment to Direction of Election.