Interstate Steamship Co.

National Labor Relations Board - Board Decisions

Aug 4, 1943

51 N.L.R.B. 1038 (N.L.R.B. 1943)

In the Matter of INTERSTATE STEAMSHIP COMPANY (UNION DOCK)
and INTERNATIONAL LONGSHOREMEN 'S ASSOCIATION (A. F. L.),
LOCAL 1681
Case No. R-5711.Decided August 4, 1943
Mr. James C. Beech, of Pittsburgh, Pa., for the Company.,
Mr. Simon P. O'Brien, of Buffalo, N. Y., and Messrs. H. C. Ad-
kins, R. W Wixricldester,.,Mickab Mitc.? onie, and Anthony-.Rose, of
Ashtabula, Ohio, for the A. F. of L.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Longshoremen's Associa-
tion (AFL), herein called the A. F. L.,1 alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Interstate Steamship Company (Union Dock), Ashtabula,
Ohio, herein called the Company, the 'National Labor Relations Board
provided for an appropriate hearing upon due notice before Claude
R. Eads, Trial Examiner. Said hearing was 'held at Ashtabula, Ohio,
on July 19, 1943. The Company and the A. F. L. appeared,2 partici-
' pated, 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 hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
'At the hearing the A. F. L moved to amend its petition and all other papers in the
instant proceeding by adding "Local 1681" to its name . This motion was granted without
objection by any of the parties herein.
2The National Maritime Union (CIO), although duly sci\ed with a notice of hearing,
did not intervene or make an appearance in this proceeding.
51 N. L. R. B., No. 164.
'1038
.INTERSTATE STEAMSHIP COMPANY' (UNION DOCK) 1039
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
`Interstate Steamship Company, a West Virginia corporation, a
wholly owned subsidiary of Jones & Laughlin Steel Corporation,
Pittsburgh, Pennsylvania, is engaged in the transportation of iron
ore on the Great Lakes from points of origin in the Upper Great
Lakes Region to points on Lake Erie in the State of Ohio. The
Company, owns and operates, several steamships,, and. in addition,
operates' a dock which is owned by the New York Central Railroad,
located in Ashtabula, Ohio. During the year 1942, the Company
transported approximately 4,000,000 tons of iron ore from the Upper
Great Lakes Region to points on Lake Erie in the State of Ohio. Of
this volume approximately 1,250,000 tons of iron ore were transported
by the vessels owned by the Company. We have heretofore found
that the Company is engaged in commerce within the meaning of the
National Labor Relations Act,3 and in view of the foregoing, we
iterate this finding.
II. THE ORGANIZATION INVOLVED
International Longshoremen's ,Association, Local- 14k1;- is a labor
organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to grant recognition to the A. F. L. as the
exclusive bargaining agent for its employees unless- and until there
has been=a• certification by the Board.
A statement of the' Field Examiner, introduced into evidence at
the hearing, indicates that the A. F. L. represents a substantial num-
ber of employees in the unit hereinafter found appropriate.4
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
Both parties agree that all employees of the Company engaged at
the Union Dock, located at Ashtabula, Ohio, excluding all supervisory
See Matter of Interstate Steamship Company, 17 N. L. R. B. 376. -
The Field Examiner reported that the A. F. L. submitted 108 designation cards bear-
ing apparently genuine original signatures , all of which bore the names of persons appear-
ing upon the Company's pay roll of June 28, 1943. This pay roll contained the names
of approximately 114 persons in the appropriate unit.
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees (including foremen, chief electrician, master mechanic, and
the dock manager), clerical employees, patrolmen, and watchmen,
constitute an appropriate unit.
A controvery exists with regard to persons employed by the Com-
pany as number takers; the A. F. L. would include such employees
within the unit, whereas the Company seeks to exclude them on the
ground that they are clerical employees. The record reveals that there
are two persons employed by the Company who are classified as num-
ber takers; one works on the day shift and the other on the night shift,
These persons work, and, maintain desk space in the dock foreman's
office. They are responsible for the recording of the numbers on the
railroad cars on- which ore is loaded; they, act as liaison men between
the New York Central Railroad, the owner of the dock, and the Com-
pany, and between the dock manager's office and the dock foreman's
office; they act in all respects as assistants to' the foremen, and in the
Tatters' absence, are assigned all of their duties. Although they are
hourly paid employees, they do not engage in any maintenance or pro-
duction work. The evidence discloses that all of their time is spent
at either clerical duties or assisting the dock foreman, and that they
are being trained to assume the position of foreman. In view of the
foregoing, we are of the opinion that their interests are not akin to
those of the regular production and maintenance employees, and we
shall therefore exclude them from the unit.
We find that all employees of the Company engaged' at the Union
Dock, located at Ashtabula, Ohio, excluding supervisory employees
(including foremen, chief electrician, master mechanic, and dock man-
ager), clerical employees, number takers, patrolmen, and watchmen,
as well as any other supervisory employees with authority to hire, pro-
mote, discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, constitute a. unit appropriate
for the purposes of collective 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 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,
INTERSTATE STEAMSHIP COMPANY (UNION DOCK) 1041,
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 Interstate Steam-
ship Company (Union Dock), Ashtabula, Ohio, 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 Eighth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject 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 pay-roll period immediately preceding the
date of this Direction, including 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
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Inter-
national Longshoremen's Association, Local 1681, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining.
CHArRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.