Central Barge Co.

National Labor Relations Board - Board Decisions

Apr 27, 1945

61 N.L.R.B. 784 (N.L.R.B. 1945)

In the Matter of CENTRAL BARGE COMPANY and NATIONAL MARITIME
UNION OF AMERICA, C. I. O.
Case No. 13-R-2802.-Decided April 07, 1945
Mr. M. Robert Sturman, of Chicago, Ill., for the Company.
Messrs. Ralph D. Rogers, of St. Louis, Mo., and Milton Martin, of
Joliet, Ill., for the N. M. U.
Captain George M. Antrainer, of St: Louis, Mo., for the M. M. _P.
Messrs. Joseph P. Clark, of St. Louis, Mo., and Michael J. Costello,
of Chicago, Ill., for the F. & O.
Mr. James L. Scott, of St. Louis, Mo., for the M. E. B. A.
Miss Virginia A. Miller, ,of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by National Maritime Union of Amer
ica, C. I. 0., herein called the N. M. U., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Central Barge Company, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Leon A. Rosell, Trial Examiner. Said
hearing was held at Joliet, Illinois, on January 26, 1945. At the
commencement of the hearing, the Trial Examiner granted motions
to intervene by National Organization, Masters, Mates and Pilots of
America, A. F. of L., herein called the M. M. P.; International
Brotherhood of Firemen, Oilers, Maintenance Men and Helpers, Local
No. 6, A. F. of L., herein called the F. & 0.; and Marine Engineers'
Beneficial Association, C. I. 0., herein called the M. E. B. A.1 The
Company, the N. M. U., the M. M. P., the F. & 0., and the M. E. B. A.,
i At the hearing evidence was introduced establishing the recognition of the M. E. B. A.
as the exclusive bargaining representative for the three engineers employed on the Com-
pany's sole steamboat , the Alexander MacKenzie, as a separate and distinct unit. On
showing that all parties were agreed as to the exclusion of these three engineers together
with all chief and assistant engineers from any unit herein requested, the M E B A
withdraw from further participation in the proceeding.
61, N. L. R. B , No. 127.
784
CENTRAL BARGE COMPANY 785
appeared and -participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
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. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Central Barge Company, a Delaware corporation with its prin-
cipal office located at Joliet, Illinois, is engaged in the transportation
of commodities by barge on the Mississippi River system. The Com-
pany operates nine river tow boats, handling a fleet of approximately
110 barges. Local offices are also maintained at Minneapolis, Minne-
sota ; St. Louis, Missouri ; Cincinnati, Ohio ; and South Pittsburg,
Tennessee. The chief ports of call are Chicago, Joliet, Havana, and
Alton, Illinois; Minneapolis, Minnesota; Havana, New Orleans, and
Cincinnati, Ohio; Sheffield, Alabama; Charleston, West Virginia;
and South Pittsburg, Tennessee. The majority of the commodities
transported by the Company is composed of coal, oil, and grain. Dur-
ing the calendar year of 1943, the Company handled approximately
4,000,000 tons of such commodities, valued in excess of $10,000,000.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
National Maritime Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
National Organization, Masters, Mates and Pilots of America, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
International Brotherhood of Firemen & Oilers, Local No. 6, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. TFIE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the N. M. U. as
the exclusive bargaining representative of certain of the Company's
employees until it has been certified by the Board in an appropriate
unit.
7 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The M. M. P., the F. & 0., and the M. E. B. A., have enjoyed con-
tractual relations with the Company since May 1942.2 The contract
executed at that time is urged as a bar to a present determination of
representatives by the Company, the M. M. P., and the F. & 0. How-
ever, its tenure is expressed in terms of a war duration clause plus 60
days, and falls, therefore, within our established principle that a con-
tract of indefinite duration does not constitute a bar to a determination
of representatives after the end of the first contract year.3 Accord-
ingly, we find that the contract in question is not a bar to the instant
proceeding.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the N. M. U., the M. M. P., and the F. & 0. represent
a substantial number of employees in the units hereinafter found
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.
IV. THE APPROPRIATE UNIT
The N. M. U. requests a unit composed of all personnel employed on
the Company's nine vessels, including mates, junior engineers, and the
Joliet quarter-boat maintenance gang, but excluding pilots, masters,
engineers, assistant engineers, port engineer, office manager, stenog-
raphers, foremen, and storekeeper. At the hearing the N. M. U.
clarified its position by requesting in the alternative, that should the
Board exclude mates from the appropriate unit or units, that they be
found to constitute a separate appropriate unit; similarly, should the
Joliet maintenance gang be excluded from the appropriate unit or
units, that such employees be found to constitute a separate appropri-
ate unit. The Company, the M. M. P. and the F. & 0. contend, that the
2 By written contract executed May 20 , 1942 , supplemented by five subsequent amend-
ments entered into during the months of February to October 1944 , the Company recognized
the M . M. P. and the F. & O. as joint representatives for employees of the Company's
vessels working in its deck departments and engine departments , respectively.
3Matter of The Globe Shipbuilding Company, 57 N L R. B. 1104 . Matter of Solar
Aircraft Company, 49 N. L. R. B. 46 , citing Los Angeles Shipbuilding & Drydock Company,
40 N. L. R. B. 1150.
4 The Field Examiner reported that the N . M U. submitted 119 authorization cards, 59
of which were names appearing on the Company 's pay roll of December 15, 1944 ; that the
aforesaid pay roll contained the names of 137 employees in the alleged appropriate unit ,
and that the cards were all dated during the months of October, November , and December
1944.
The M. M. P. and the F. & O. rely upon their contract as evidence of interest; the
M. E. B. A., although not participating therein, was specifically recognized as the exclusive
bargaining agent for three engineers employed on the steamship of the Company.
At the hearing , the Trial Examiner stated that the N. M. U. submitted 9 additional
authorization cards, all of which were names of employees of the Company 's shore personnel
appearing on the pay roll of January 5, 1945 ; that there are 10 non -supervisory employees
in the shore personnel.
CENTRAL BARGE COMPANY 787
units for boat personnel should remain on the departmental lines
established by the bargaining history of the Company, i. e., one unit
composed of deck personnel and one unit composed of engine room
personnel; that in the event licensed personnel be excluded from the
unit or units of unlicensed personnel, that mates and junior mates
should also be excluded, and that the Joliet maintenance gang should
be excluded from any unit or units composed of boat personnel.
As indicated above, the units previously established on depart-
mental lines have included both officers and unlicensed personnel in
each of the two departments. Although the Company's operations
under United States navigation laws require only officers on the one
steamboat to be licensed, many of the masters, mates, pilots, engineers
and assistant engineers are licensed. We are of the opinion, and find,
that the licensed officer group may not properly be included in the same
unit as the unlicensed personnel, and they are hereby excluded from the
units of unlicensed personnel hereinafter found appropriate.'
We are of the opinion that the unlicensed personnel of the deck
departments and engine departments, respectively, might properly
constitute separate departmental units 6 or that they might function
as parts of a single unit comprising both departments.7 In this situa-
tion, our determination of the unit issue with respect to the employees
of the deck departments and the engine departments, respectively, will
depend, in part, upon their own desire as expressed in the elections
hereinafter directed among them. Should the elections result in the
designation of the same representative by a majority of the employees
in each of the election groups, then the employees of both groups shall
compose a single unit; otherwise the deck departments and the engine
departments will comprise separate units.
All parties are agreed that masters and pilots, chief and assistant
engineers, port engineer, office manager, stenographers, foremen, and
storekeeper should be excluded from any unit or units of unlicensed
personnel found appropriate.
Mates: The evidence discloses that masters, pilots, mates, chief and
assistant engineers are considered by the Company as "officers" and
that employees in the officer group are engaged in duties usual to said
occupations, their supervisory authority extending from that of the
master to hire and discharge, to that of the second mate to effectively
recommend discharge. The N. M. U. seeks to include mates in the deck
S Matter of Steamer Service Company, 58 N. L. R. B. 632, citing N L B. B. v . Delaware-
New Jersey Ferry Company, 128 F. (2d) 130 (C. C. A. 3) ; Matter of Hagman Towing
Company, 32 N. L. R B 102; Matter of Campbell Transportation Company, 36 N. L. R B.
1030, Matter of John I Hay Company, 40 N. L R. B 1022, Matter of Dravo Corporation,
39 N. L. R B. 846 ; Matter of Jones & Laughlin Steel Corporation, 37 N. L . R B 366; Mat-
ter of Carnegie -Illinois Steel Company, 37 N. L R. B. 19.
e Matter of Tide Water Associated Oil Company , 38 N L R B 582.
? Matter of Midland Steamship Line, Inc., 53 N L. R B. 727, and cases cited therein.
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
group, or in the alternative, to establish a separate unit for mates. The
evidence discloses that some of the mates are licensed but the majority
are unlicensed; that only those employed on the steamboat are required
by law to be licensed; that the Company considers mates a part of the
officer group ; that mates may be upgraded to pilot on one voyage, while
on another pilots may be downgraded to mates; that chief mates have
authority to hire and discharge deckhands while second mates may
direct deckhands in their work and recommend discharge.
Traditionally, the skills, work, and duties of masters, mates, and
pilots are essentially similar, differing only in degree or grade. Mates
possess such authority as to come within the Board's usual definition
of supervisors even where mates are not required by law to be licensed.'
For purposes of unit determination, mates have consistently been
classified with "licensed" or officer personnel,' and are normally
grouped in the "conventional" unit of masters, mates and pilots 10
This, together with the evidence concerning the authority of mates,
would indicate that they are more properly included in a unit with
masters and pilots than otherwise. We shall, therefore, exclude mates
from any unit or units of unlicensed personnel established herein.
We further find that mates do not constitute a single unit appropriate
for purposes of collective bargaining.
Junior Engineers : The N. M. U. contends that junior engineers
should be included in the engine room group. The evidence dis-
closes that the Company employs three junior engineers, one of whom
is licensed; that they do not possess authority to discipline or rec-
ommend discharge; that their duties are composed primarily of help-
ing the chief and assistant engineers, looking after details of operation
and routine duties. We shall include the unlicensed junior engineers
in the voting groups herein found appropriate. However, in accord-
ance with the principles expounded above,1' we shall exclude the
licensed junior engineers therefrom.
Sttore Maintenance Gang : The N. M. U. seeks to include in the unit
requested all of the Company's personnel employed at the Joliet,
8 Matter of Dravo Corporation, cited in footnote 5, supra, Matter of Ohio Barge Line, Inc.
59 N. L. R. B. 154; Matter of Tide Water Associated Oil Company, cited in footnote 6,
supra; Matter of Jones & Laughlin Steel Company, cited in footnote 5, supra; Matter of
John I. Hay Co , 40 N L R. B 1022, at hp 1026 ff
U Matter of American Hawaiian Steamship Company, 41 N L R. B 425. See also cases
cited therein. See also Matter of Bean Shipping Company, 8 N. L. R. B. 422 , Matter of
Lykes Bros. Steamship Company, 2 N. L. R. B. 102.
10
Matter of Carnegie-Illinois Steel Corporation, cited in footnote 4, supra. See Ohio
Barge Line, Inc., 59 N. L R., B. 154, and cases cited therein. See also Matter of Jones
& Laughlin Steel Company, cited in footnote N supra; Matter of Tide Water Associated
Oil Company, cited in footnote 6, supra.
11 See also Matter of International Mercantile Marine Company, et at., 1 N. L R. B 384;
Matter of Black Diamond Steamship Corporation, 2 N. L. R. B 241, Matter of Lykes Bros.
Steamship Company, Inc. et al, cited in footnote 9, supra See also Matter of Grace
Lines, Inc., 2 N. L. R. B. 369, wherein both licensed and unlicensed junior engineers were
excluded from a unit of unlicensed personnel.
CENTRAL BARGE COMPANY 789
Illinois Landing, excepting supervisory and clerical employees, or in
the alternative, to establish a separate unit composed of said em-
ployees. According to the evidence in this case, working conditions
of the shore personnel generally are completely dissimilar to those of
the boat crews, differing in hours, duties, supervision, compensation,
and other benefits., We are of the opinion that a separate unit for
landing personnel is appropriate.12
We find that all employees of the Company's Joliet, Illinois-Land-
ing, including shipping clerk, carpenter, welders, landing men and
laborers, but excluding port engineer, office manager, foremen, store-
keeper, and stenographers, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
The N. M. U. contends that all employees appearing on a current
pay roll should be permitted to vote. In opposition to this position,
the Company, the M. M. P., and the F. & O. contend that employees
engaged by the Company for less than 90 days' time prior to the
eligibility date are probationary employees and as such should not be
permitted to vote. The record indicates that these employees perform
identical duties under the same working' conditions for a comparative
remuneration as do the permanent employees, and are hired as pros-
pective permanent employees. We are of the opiniorr that such em-
ployees are eligible to participate in the elections in accordance with
our usual practice."
At the hearing, the F. & O. stated that, should a separate shore unit
be found appropriate, it desired to appear on the ballot. The F. & O.
has not organized these employees, and it has presented no evidence
of representation among them. In view of these facts we do not be-
lieve the F. & O. has made a sufficient showing of interest among em-
ployees of the shore personnel to merit a place on the ballot 14
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the following unit and groups who were employed by the
Company during the pay-roll period next preceding the date of the
Direction of Elections herein, subject to the limitations and additions
set forth therein :
1' Matter of Drava Corporation, cited in footnote 4, supra. See also Matter of Marine
Ways Department, River Transportation Division, Jones & Laughlin Steel Corporation, 38
N. L R B. 962, where, however, the unit determination had been stipulated by all parties
'3 Matter of Western Burlap Baq Company, 44 N L R B. 356; Matter of Sears Roebuck
it Company, 46 N L. R B 1:1$4 , Matter of Swift it Company, 57 N L R B. 1334.
14 Matter of Iowa Public Service Company (Eastern Division), 60 N. L It. B. 1153; Mat-
ter of Chicago Flexible Shaft Company, 60 N L. R B. 848.
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Unit: - All employees engaged at the Company 's Joliet, Illinois-
Landing, including shipping clerk, carpenters , welders, landing men,
and laborers , but excluding port engineer , office manager , foremen,
storekeeper , and stenographers , and all supervisory employees with
authority to hire, promote , discharge , discipline , or otherwise effect
changes in the status of employees , or effectively recommend such
action, and all other employees of the Company , to determine whether
or not they desire to be represented by the N. M. U.
Group 1. All employees engaged in the deck department of the nine
vessels of the Company , including deckhands , cooks and mess boys,
but excluding masters, mates , pilots, and all supervisory employees
with authority to hire, promote, discharge , discipline , or otherwise
effect changes in the status of employees , or effectively recommend
such action, and all other employees of the Company , to determine
whether or not they desire to be represented by N. M. U.
Group 2. All employees engaged in the engine room department of
the nine vessels of the Company , including oilers, firemen, wipers, and
unlicensed junior engineers , but excluding chief engineers , assistant
engineers , and licensed junior engineers , and all supervisory employees
with authority to hire, promote , discharge , discipline , or otherwise
effect changes in the status of employees , or effectively recommend
such action, and all other employees of the Company , Jo determine
whether they desire to be represented by the N. M. U., the F. & 0., or
by neither.
Upon the results of the elections in groups 1 and 2, supra , will de-
pend, in part, our determination of the appropriate unit or units.
DIRECTION OF ELECTIONS
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Central Barge
Company, Joliet, Illinois, separate elections 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 Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit and two voting groups referred to
in Section V, supra, 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
CENTRAL BARGE COMPANY 791
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 and have not been rehired or reinstated prior
to the date of the, elections, to determine :
A. With respect to the employees in the shore unit above found
appropriate, whether or not they desire to be represented for the
purposes of collective bargaining by National Maritime Union of
America, C. I. O.
B. With respect to the employees in voting group 1, whether or not
they desire to be represented for the purposes of collective bargaining
by National Maritime Union of America, C. I. O.
C. With respect to the employees in voting group 2, whether they
desire to be represented for the purposes of collective bargaining by
National Maritime Union of America, C. I. 0., or International
Brotherhood of Firemen & Oilers, A. F. of L., or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.