Aluminum Line

National Labor Relations Board - Board Decisions

Sep 29, 1938

8 N.L.R.B. 1325 (N.L.R.B. 1938)

In the Matter of ALUMINUM LINE, AMERICAN SOUTH AFRICAN LINE
INC., ANCHOR LINE, CUNARD WHITE STAR LINES DONALDSON AT-
LANTIC LINE, ISTHMIAN STEAMSHIP COMPANY, FRENCH LINE, GULF
PACIFIC LINES, LTD. HAMBURG-AMERICAN LINE NORTH GERMAN
LLOYD, HOLLAND AMERICAN LINE, LUCKENBACH GULF STEAMSHIP
Co., INC., GRACE LINES MUNSON STEAMSHIP LINE, NIPPON YUSEN
KAISHA , LINE, PAN-ATLANTIC STEAMSHIP CORPORATION, SCANDI-
NAVIAN-AMERICAN LINE, TAMPA INTER OCEAN STEAMSHIP CO.,
NORTON LILLY & Co ., PLANT LINE STEVEDORING CO., INC., E. S.
BINNINGS, THE NEW YORK AND PORTO RICO STEAMSHIP COMPANY,
LYKES BROS. RIPLEY SS . CO., SOUTHERN STEVEDORING Co., T.
SMITH & SON, INC., VOGEMANN - GOUDRIAAN CO., INC., METROPOLITAN
STEVEDORING CO., INC., AMERICAN BALTIC CHARTERING & SHIPPING
Co., INC., LLOYD BRASILEIRO, ATLANTIC & GULF STEVEDORES INC.,
ROSS & HEYN, INC. , J. C. LIVERSEDGE STEAMSHIP AGENT, STRACHAN
SHIPPING COMPANY , OCEANIC STEVEDORING CO. OF LA., INC., GULF
SHIPPING . COMPANY , TEXLA STEVEDORING CO., WATERMAN STEAM-
SHIP CORP.-RYAN STEVEDORING CO., ALFRED LE BLANCA INC.) J. P.
FLORIO & Co., TEXAS TRANSPORT & TERMINAL CO., INC. , PAGE
L'HoTE Co. LTD., JOHN B. HONOR & Co., INC.) MISSISSIPPI SHIP-
PING CO., INC., GEO. H. KENT & SONS , INC., A. K. MILLER COM-
PANY, INC., RICHARD MEYER COMPANY, NEW ORLEANS STEVEDORING
CO., MURRAY SHIPPING COMPANY INC., EAST GULF STEVEDORING
Co., INC., DELTA LINE and INTERNATIONAL LONGSHOREMEN AND
WAREHOUSEMEN'S UNION
In the Matter Of WATERMAN STEAMSHIP CORPORATION and INTERNA-
. TIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION
In the Matter of RYAN STEVEDORING COMPANY and INTERNATIONAL
LONGSHOREMEN AND WAREHOUSEMEN'S UNION
In the Matter of STRACHAN SHIPPING COMPANY and INTERNATIONAL
LONGSHOREMEN AND WAREHOUSEMEN'S UNION
In the Matter of SWAYNE & HOYT, LTD. and INTERNATIONAL LONG-
SHOREMEN AND WAREHOUSEMEN'S UNION
In the Matter of NEW ORLEANS STEAMSHIP ASSOCIATION and INTER-
NATIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION
In the Matter Of MOOREMACK GULF LINES, INC. and INTERNATIONAL
LONGSHOREMEN AND WAREHOUSEMEN'S UNION
8 N. L. R . B., No. 161.
1325
1326 NATIONAL LABOR RELATIONS BOARD
In the Matter of COASTAL FREIGHT HANDLERS , INC. and INTERNATIONAL
LONGSHOREMEN AND WAREHOUSEMEN'S UNION
In the Matter of UNITED FRUIT COMPANY and INTERNATIONAL LONG-
SHOREMEN'S ASSOCIATION
In the Matter of STANDARD FRUIT & STEAMSHIP COMPANY and INTER-
NATIONAL LONGSHOREMEN'S ASSOCIATION
In the Matter of GULF PORTS SERVICE CORPORATION and INTERNATIONAL
LONGSHOREMEN AND WAREHOUSEMEN'S UNION
Cases Nos. R0 to R-899, inclusive, XV-R-198, R-900, R-901,
R-902, XV-R-2O2, R-903 to R-905, inclusive. Decided Septem-
ber 99, 1938
Stevedore Industry and Shipping Industry-Investigation of Representatives:
controversy concerning representation of employees: controversy concerning
appropriate unit ; rival organizations ; petitions for, dismissed, where no ques-
tions concerning representation have arisen-Units Appropriate for Collective
Bargaining: (1) persons employed to do longshore work; employer unit;
history of collective bargaining relations in port; (2) persons employed as
clerks and checkers ; employer unit ; (3) persons employed as banana handlers ;
employer unit ; wage differentials ; (4) longshoremen and clerks and checkers ;
employer unit; election to determine whether clerks and checkers desire to be
included in longshoremen's unit or in a separate unit, where company employs
both-Representatives: eligibility to participate in choice: persons employed
in each of any 8 weeks during 6-month period-Elections Ordered: ballot : to
include name of union, where desire to be included is not clear, unless notice
of desire to withdraw is given within 5 days.
Mr. Samuel Lang and Mr. Lawrence Hunt, for the Board.
Mr. Yelverton Cowherd, of Birmingham, Ala., for the I. L. W. U.
Mr. Anthony Wayne Smith, of Washington, D. C., for the C. I. O.
Mr. Walter Carroll, of New Orleans, La., for certain companies.,
Mr. Bentley G. Barnes and Mr. Warren M. Simon, of New Orleans,
La., for Local No. 1418, Local No. 1419, and the Clerks and Checkers
Local.
i Agwilines, Inc., American Baltic Chartering & Shipping Co , Inc , American South Afri-
can Line, Inc, Atlantic & Gulf Stevedores, Inc, E. S. Binnings, Lloyd Brasileiro East
Gulf Stevedoring Co., Inc., J. P. Florio & Company, Inc, French Line, Gulf Ports Service
Corporation, Hamburg-American Line North German Lloyd, Holland American Line, John
B Honor & Co ., Inc, Isthmian Steamship Company, George H. Kent & Sons , Inc, Alfred
LeBlanc, Inc, Luckenbach Gulf Steamship Company, Inc, Lykes Bros-Ripley Steamship
Co., Inc., Metropolitan Stevedoring Co, Inc., Richard Meyer Company, A K Miller Co ,
Inc., Mississippi Shipping Co, Inc., Murray Shipping Company , Inc, New Orleans Stevedor-
ing Company , Inc., The New York and Porto Rico Steamship Company, Nippon Yusen
Kaisha Line, Norton Lilly & Co. Ocean Dominion Steamship Corporation, Oceanic Steve-
doring Company (of Louisiana), Inc. Page, L'Hote Company, Ltd, Pan-Atlantic Steamship
Corporation, Plant Line Stevedoring Co, Inc, Plant Shipping Company, Inc, Ross & Heyn,
Inc., Scandinavian -American Line, Ryan Stevedoring Company, Inc.,'Southern Stevedoring
Co., Strachan Shipping Company, J. L. Stulb, doing business under the trade name of Gulf
Shipping Company, J. L. Stulb, doing business under the trade name of Texla Stevedoring
Company, Swayne & Hoyt, Ltd., Texas Transport & Terminal Co, Tampa Interocean
Steamship Company, Vogemann-Goudriaan Co., Inc., and Waterman Steamship Corporation.
DECISIONS AND ORDERS 1327
Mr. Herbert S. Thatcher, of Washington, D. C., for the A. F. of L.
Mr. Richard A. Dowling, Mr. T. J. Darcy, and Mr. Charles Stein,
of New Orleans, La., for the Benevolent.
Mr. W. S. Smith, of New Orleans, La., for T. Smith & Son, Inc.
Mr. Esmond Phelps and Mr. Sumter D. Marks, Jr., of New Or-
leans, La., for Coastal Freight Handlers, Inc., United Fruit Com-
pany, and Mooremack Gulf Lines, Inc.
Mr. W. K. Jackson, of Boston, Mass., for United Fruit Company.
Rosen, Kammer, Wolff cC Farrar, by Alfred C. Kammer, of New
Orleans, La., and Monroe & Lemann, by Mr. Nicolas Callan, of
New Orleans, La., for Standard Fruit & Steamship Company.
Mr. Sumner Marcus, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
On March 23, 1938, International Longshoremen and Warehouse-
men's Union, herein called the I. L. W. U., filed with the Regional
Director for the Fifteenth Region (New Orleans, Louisiana) sep-
arate petitions alleging that questions affecting commerce had arisen
concerning the representation of employees of American South
African Line, Inc., Anchor Line, Cunard White Star Line, Donald-
son Atlantic Line, French Line, Grace Line, Hamburg-American
Line North German Lloyd, Holland American Line, Isthmian
Steamship Company, Luckenbach Gulf Steamship Company Inc.,2
and Ocean Dominion Steamship Corporation,3 respectively, all of
New Orleans, Louisiana, and requesting investigations and certifica-
tions of representatives pursuant to Section 9 (c) of the National-
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
25, 1938, the I. L. W. U. filed with the" Regional Director separate
petitions alleging that questions affecting commerce had arisen con-
cerning the representation of employees of American Baltic Charter-
ing & Shipping Co., Inc., Atlantic & Gulf Stevedores, Inc., E. S.
Binnings, Lloyd Brasileiro, East Gulf Stevedoring Co., Inc., J. P.
Florio & Company, Inc.,4 John B. Honor & Co., Inc., George H.
2 Incorrectly designated in the petition and other formal papers as Luc kenbach Gulf
Steamship Co., Inc.
8 Incorrectly designated in the petition and other formal papers as Aluminum Line, which
is the trade name of Ocean Dominion Steamship Corporation.
4 Incorrectly designated in the petition and other formal papers as J. P. Florio & Co.
1328 1NATi ONAL LABOR RELATIONS BOARD
Kent & Sons, Inc.,5 Alfred LeBlanc, Inc., J. C. Liversedge Steam-
ship Agent, Strachan Shipping Company, Lykes Bros.-Ripley
Steamship Co., Inc.,' Metropolitan Stevedoring Co., Inc., Richard
Meyer Company, A. K. Miller Co., Inc.,7 Mississippi Shipping Co.,
Inc.,8 Munsen Steamship Line, Murray Shipping Company, Inc., New
Orleans Stevedoring Company, Inc.; The New York and Porto Rico
Steamship Company,10 Nippon Yusen Kaisha Line, Norton Lilly &
Co., Oceanic Stevedoring Company (of Louisiana) Inc.," Page,
L'Hote Company, Ltd.,12 Pan-Atlantic Steamship Corporation ,13
Plant Line Stevedoring Co., Inc., Ross & Heyn, Inc., Scandinavian-
American Line, T. Smith & Son, Inc., Southern Stevedoring Co.,
J. L. Stulb, doing business under the trade name of Gulf Shipping
Company'14 J. L. Stulb, doing business under the trade name of
Texla Stevedoring Company,15 Texas Transport & Terminal Co.,
Inc., Tampa Interocean Steamship Company,16 Vogemann-Goudriaan
Co., Inc., and Waterman Steamship Corporation-Ryan Stevedoring
Company, Inc., respectively, all of New Orleans, Louisiana, and re-
questing investigations and certifications of representatives pursuant'
to Section 9 (c) of the Act.
On May 12, 1938, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, herein called the Rules and Regu-
lations, ordered the Regional Director to conduct an investigation
and to provide for an appropriate hearing upon due notice on the
afore-mentioned petitions, to be confined solely and exclusively to
the questions concerning representation involved in the determina-
tion of representatives designated or selected or. to be designated
or selected by employees of each of the employers in the above
e Incorrectly designated in the petition and other formal papers as Geo H Kent & Sons,
Inc.
"Incorrectly designated in the petition and other formal papers as Lykes Bros Ripley
SS. Co.
7 Incorrectly designated in the petition and other formal papers as A K Miller Company,
Inc.
8 Operating under the trade name of Delta Line , n rth respect to -,7 hom the I. L W. U
filed a separate petition.
D Incorrectly designated in the petition and other formal pipers as New Orleans Steve-
doring Co
1o Incorrectly designated in the petition and other formal papers as The New York and
Porto Rico SS. Co.
11 Incorrectly designated in the petition and other formal papers as Oceanic Stevedoring
Co of La., Inc.
L Incorrectly designated in the petition and other formal papers as Page L'Hote Co. Ltd.
13 Incorrectly designated in the petition and other formal papers as Pan -Atlantic Steam-
ship Corp.
14 Incorrectly designated in the petition and other formal papers as Gulf Shipping
Company.
15 Incorrectly designated in the petition and other formal papers as Texla Stevedoring Co.
16 Incorrectly designated in the petition and other formal papers as Tampa Inter Ocean
Steamship Co.
DECISIONS AND ORDERS 1329
matters, respectively, for the purpose of negotiating agreements to
take effect after September 30, 1938. The Board, acting pursuant to
Article III, Section 10 (c), of the Rules and Regulations, further
ordered the afore-mentioned cases to be consolidated for purposes of
hearing.
On June 1, 1938, the I. L. W. U. filed with the Regional Director
separate petitions alleging that questions affecting commerce had
arisen concerning the representation of employees of Ryan Stevedor-
ing Company, Inc.,'' Strachan Shipping Company, Swayne & Hoyt,
Ltd.,'$ and Waterman Steamship Corporation, respectively, all of
New Orleans, Louisiana, and requesting investigations and certifica-
tions of representatives pursuant to Section 9 (c) of the Act. On
June 6, 1938, the Board granted the request of the I. L. W. U.
for permission to withdraw its petitions with respect to employees of
J. C. Liversedge Steamship Agent, Strachan Shipping Company and
of Waterman Steamship Corp.-Ryan Stevedoring Co. and closed the
two cases. On June 10, 1938, the Board ordered the two closed cases
to be severed from the cases with which they had been previously
consolidated for purposes of hearing. On June 10, 1938, the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
3, of the Rules and Regulations, ordered the Regional Director to
conduct an investigation and to provide for an appropriate hearing
upon the petitions filed with respect to employees of Waterman
Steamship Corporation, Ryan Stevedoring Co., Inc., and Strachan
Shipping Company. The Board, acting pursuant to Article III,
Section 10 (c) (2), of the Rules and Regulations, further ordered
that these three cases be consolidated with the cases previously con-
solidated for purposes of hearing.
On June 10, 1938, the Regional Director issued a notice of hearing
and served copies of it and of the afore-mentioned petitions upon
all the companies with respect to whose employees the I. L. W. U.
had filed petitions, as described above.'e Copies of the notice of hear-
ing and of the petitions were also served upon the I. L. W. U.;
International Longshoremen's Association, herein called the I. L. A.;
International Longshoremen's Association, Local 1515, herein called
the Banana Handlers Local; International Longshoremen's Associa-
tion, Local 854, herein called the Car Loaders; International Long-
shoremen's Association, Local 864, herein called Local 864; Interna-
17 Incorrectly designated in the petition and other formal papers as Ryan Stevedoring
Company
18 Operates under the trade name of Gulf Pacific Lines, Ltd , with respect to whom the
I. L. W. U. filed a separate petition on March 23, 1938.
19 Service of copies of the notice of hearing and of the petitions was made upon East Gulf
Stevedoring Co., Inc ., and Metropolitan Stevedoring Co., Inc, on June 14, 1938. Service
upon Norton Lilly & Co. was accepted by Gulf Ports Service Corporation.
1330 NATIONAL LABOR RELATIONS BOARD
tional Longshoremen's Association, Local 1497, herein called the
Clerks and Checkers Local; General Longshore Workers, Interna-
tional Longshoremen's Association, No. 1418, herein called Local No.
1418; 20 General Longshore Workers, International Longshoremen's
Association, No. 1419, herein called Local No. 1419; 21 United Long-
shoremen & Dock Workers' Union, and Inland Boatmen's Union, all
these being labor organizations claiming to represent employees
directly affected by the investigation.
On June 14, 1938, the Board, acting pursuant to Section 9 (c) of
the Act and Article III of the Rules and Regulations, ordered the
Regional Director- to conduct an investigation and to provide for an
appropriate hearing upon the petition filed with respect to employees
of Swayne & Hoyt, Ltd. The Board, acting pursuant to Article III,
Section 10 (c) (2), of the Rules and Regulations further ordered
that this case be consolidated with the cases previously consolidated
for purposes of hearing. At the hearing counsel for Swayne & Hoyt,
Ltd. stipulated that service of copies of the notice of hearing and
of the petitions which had been made on Swayne & Hoyt, Ltd. on
June 10, 1938, would be considered to have been made subsequent
to June 14, 1938.
On June 18, 1938, the I. L. W. U. filed with the Regional Director
separate petitions alleging that questions affecting commerce had
arisen concerning the representation of employees of Gulf Ports
Service Corporation, New Orleans Steamship Association, herein
called the Association, Mooremack Gulf Lines, Inc., and Coastal
Freight Handlers, Inc., respectively, all of New Orleans, Louisiana,
and requesting investigations and certifications of representatives
pursuant to Section 9 (c) of the Act. On June 18, 1938, the I. L. A.
filed with the Regional Director separate petitions alleging that
questions affecting commerce had arisen concerning the representa-
tion of employees of United Fruit Company and Standard Fruit &
Steamship Company, respectively, both of New Orleans, Louisiana,
and requesting investigations and certifications of representatives
pursuant to Section 9 (c) of the Act. On June 20, 1938, the I. L. A.
filed with the Regional Director separate amended petitions with re-
spect to employees of these two companies. At the hearing all the
parties stated that they had no objection to the consolidation of the
case of Gulf Ports Service Corporation with the cases theretofore
consolidated.
Pursuant to the notice, a hearing was held from June 20, 1938, to
July 5, 1938, at New Orleans, Louisiana, before Gustaf B. Erickson,
the Trial Examiner duly designated by the Board.
20 Incorrectly designated in the petitions and other formal papers as International Long-
shoremen 's Association , Local No. 1418.
21 Incorrectly designated in the petitions and other formal papers as International Long-
shoremen's Association , Local No. 1419.
DECISIONS AND ORDERS 1331
At the commencement of the hearing counsel for the Board moved
to dismiss the petitions with respect to employees of American South
African Line, Inc., Anchor Line, Cunard White Star Line, Donald-
son Atlantic Line, French Line, Grace Line, Hamburg-American
Line North German Lloyd, Holland American Line, Isthmian Steam-
ship Company, A. K. Miller Co., Inc., Munson Steamship Line,
Murray Shipping Company, Inc., Nippon Yusen Kaisha Line, Nor-
ton Lilly & Co., Scandinavian-American Line, and Southern Steve-
doring Company for the reason that these companies did no business
in the Port of New Orleans or did not employ at the Port any long-
shoremen or checkers, the two classifications of employees with re-
spect to whom the petitions had been filed. Counsel for the Board
also moved to dismiss the petitions with respect to the employees
of Delta Line and Gulf Pacific Lines, Ltd. for the reason that these
were merely the trade names for Mississippi Shipping Co., Inc., and
Swayne & Hoyt, Ltd., respectively. Counsel for the I. L. W. U. ob-
jected to the motions in so far as they related to companies which
had agencies through which their longshoring work was done in the
Port of New Orleans. The Trial Examiner did not rule upon these
motions. The record discloses that these companies do not employ
any persons who are directly affected by the investigation. The
motions are allowed and the petitions with respect to these companies
will be dismissed.
At the commencement of the hearing Stevedores and Longshore-
men's Benevolent Society, Inc., herein called the Benevolent, Local
No. 1418, Local No. 1419, and the Clerks and Checkers Local, moved
to intervene. The Benevolent is a labor organization claiming to
represent employees directly affected by the investigation. The Trial
Examiner granted all the motions to intervene. His rulings are
hereby affirmed. The Clerks and Checkers Local moved to dismiss
the case with respect to the clerks and checkers. The Trial Examiner
denied this motion. His ruling is hereby affirmed.
On June 22, 1938, counsel for the Association, who previously had
received service of the petition which the I. L. W. U. had filed with
respect to the Association, entered his appearance for the Associa-
tion, waived the notice of hearing to which the Association would
otherwise have been entitled, and agreed that all evidence thereto-
fore received at the hearing should apply to the Association in the
same manner as if it had been represented at the hearing from its
inception. No objection was made by any of the parties to the inclu-
sion of the Association in the proceedings. On June 24, 1938, the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of the Rules and Regulations, ordered the Regional Direc-
tor to conduct an investigation and to provide for an appropriate
117213 39-vol. 8-85
1332 NATIONAL LABOR RELATIONS BOARD
hearing upon the petitions filed with respect to employees of the
Association, Mooremack Gulf Lines , Inc., Coastal Freight Handlers,
Inc., United Fruit Company, Standard Fruit & Steamship Company,
and Gulf Ports Service Corporation. The Board , acting pursuant
to Article III, Section 10 (c) (2), of the Rules and Regulations,
further ordered that these cases be consolidated with the cases pre-
viously consolidated for purposes of hearing. 22 On June 25, 1938,
the Regional Director issued a notice of a hearing to be held on June
30, 1938, and served copies of it and of the petitions in these cases
upon Mooremack Gulf Line, Inc., Coastal Freight Handlers, Inc.,
United Fruit Company, Standard Fruit & Steamship Company, the
I. L. W. U., the Clerks and Checkers Local, Local No. 1419, Local
No. 1418, Local 864, the Car Loaders, and the Inland Boatmen's
Union. On June 27, 1938, the Regional Director served copies of
the petitions and notice of hearing upon the I. L. A., the Banana
Handlers Local, and United Longshoremen & Dock Workers' Union.
On June 30, 1938, counsel for United Fruit Company, Standard
Fruit & Steamship Company, . Mooremack Gulf Lines, Inc., and
Coastal Freight Handlers, Inc., appeared at the hearing already in
progress and made separate motions to set aside the Board's order
and amended order of consolidation whereby the cases involving these
companies were consolidated with the previously consolidated cases.
These motions were subsequently withdrawn by counsel for the
afore-mentioned companies when it was stipulated between them and
all the, parties at the hearing that these companies might have the
opportunity -to contradict all evidence theretofore -received at the
hearing, to avail themselves of all objections previously made by
any of the parties to the introduction of evidence, and to recall for
examination any witness who had theretofore testified at the hearing.
Counsel for United Fruit Company and Standard Fruit & Steamship
Company also made separate- motions to dismiss the petitions with
respect to these companies on the ground that no question concerning
representation existed. Counsel for Mooremack, Gulf Lines, Inc.,
joined by counsel for the Board; moved to dismiss the petition with
respect to Mooremack Gulf Lines, Inc., on the ground that it em-
ployed no- longshoremen or checkers. The Trial Examiner did not
rule on these motions to dismiss. The motions with respect to
United Fruit Company and ti,.Iard Fruit &,Steamship Company
are hereby denied. Since discloses that it employs no
persons affected by the investigation, the motion 'with respect to
Mooremack Gulf Lines, Inc., is hereby allowed.
-22 The Board* in its order failed to consolidate these cases with the case of Swayne &
Hoyt, Ltd., which had been previously consolidated with the other consolidated cases by a
separate order of consolidation . Accordingly , on June 27 , 1938, the Board amended its
order to provide for the consolidation of the case of Swayne & Hoyt with the newly consoli-
dated cases.
DECISIONS AND ORDERS 1333
On July 5, 1938, prior to the close of the hearing, counsel for the
Board moved to amend the petition which the I. L. W. U had filed
with respect to The New York and Porto Rico Steamship Company
to include therein Agwilines, Inc.,23 and the petition with respect•to
Plant Line Stevedoring Company, Inc., to include therein Plant
Shipping Company, Inc. Counsel for Agwilines, Inc., and Plant
Shipping Company, Inc., appeared for these companies, waived all
notice of the proceedings to which these companies may have been
otherwise entitled, and agreed that the entire proceedings in. so far
as they were applicable should apply to these two companies in the
same manner as if they had been represented at the proceedings from
their inception. The Trial Examiner granted these motions. His
rulings are hereby affirmed.
The Board and all the parties, except Anchor Line, Cunard White
Star Line, Donaldson Atlantic Line, Grace Line, and Munson Steam-
ship Line were represented by counsel 24 and participated at the
hearing. Anchor Line, Cunard White Star Line, Donaldson Atlantic
Line, Grace Line, and Munson Steamship, Line were not represented
at the hearing. ' Full opportunity to be heard, to examine and cross;
examine witnesses, and to introduce evidence bearing, on the issues
was afforded all parties. During the course of. the hearing the Trial
Examiner made several rulings on motions and 'on, objections to thus
admission of evidence. The Board has reviewed the'rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
On September 8, 1938, the I. L. A. requested the Board to permit
the petitions which it had previously filed with respect to the banana
handlers and longshoremen employed by United Fruit Company
and Standard Fruit & Steamship Company to be withdrawn. These
requests are hereby denied, for the reasons stated below.
At the close of the hearing the Trial Examiner notified the parties
of their right to apply for oral argument. At the request of several
parties and pursuant to notice to all the parties a hearing was held
before the Board on September 12, 1938, for the purpose of oral
argument. Briefs were filed by United Fruit Company, by Stand-
ard Fruit & Steamship Company, and by the parties represented by
Walter Carroll,25 which the Board has considered.
Upon the entire record in the case, the Board makes the following :
22 The amendment originally referred to Clyde-Mallory Lines, Inc., which Is a division
of Agwilines, Inc. It was stipulated by counsel for Agwilines, Inc, that Agwilines, Inc.,
might be substituted in the proceeding
24 T. Smith & Son., Inc., was represented by its president.
25 The parties listed in footnote 1, supra.
1334 NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OE THE - COMPANIES
The corporations, partnerships, and individuals listed below 26 are
steamship operators, steamship agents, or stevedoring companies en-
gaged in the transportation or handling of water-borne cargo in the
Port of New Orleans, more than 50 per cent of which cargo is re-
ceived from or destined for ports in States other than Louisiana
and/or foreign countries. In connection with their business, these
corporations, partnerships and individuals employ in the Port of
New Orleans longshoremen, checkers, and/or banana handlers 27 who
handle water-borne cargo. Each of the corporations, partnerships,
and individuals, with the exceptions noted in the footnote, conceded
at the hearing that it was engaged in interstate or foreign com-
merce, within the meaning of the National Labor Relations Act .21
26 The following corporations , partnerships, and individuals entered into a stipulation at
the hearing with respect to the facts recited in the above paragraph : American Baltic
Chartering & Shipping Co., Inc., Atlantic & Gulf Stevedores , Inc., E S. Binnings, Lloyd
Brasileiro , East Gulf Stevedoring Co, Inc. , J. P. Florio & Company, Inc ., Gulf Ports Serv-
ice Corporation , John B Honor & Co., Inc, George H. Kent & Sons , Inc., Alfred LeBlanc,
Inc, Luckenbach Gulf Steamship Co., Inc , Lykes Bros.-Ripley Steamship Co., Inc, Metro-
politan Stevedoring Co., Inc, Richard Meyer Company , Mississippi Shipping Co., Inc., New
Orleans Stevedoring Co., Inc., The New York and Porto Rico Steamship Company, Ocean
Dominion Steamship Corporation , Oceanic Stevedoring Company ( of Louisiana ) Inc., Page
I'Hote Company , Ltd., Pan-Atlantic Steamship Corporation , Plant Line Stevedoring Co.,
Inc., Ross & Heyn , Inc., Ryan Stevedoring Company , Inc., T. Smith & Son, Inc., Strachan
Shipping Company, J. L. Stulb doing business under the trade name of Gulf Shipping
Company, J . L. Stulb doing business under the trade name of Texla Stevedoring Company,
Swayne & Hoyt , Ltd., Tampa Interocean Steamship Company , Texas Transport & Terminal
Co., Inc., Vogemann -Goudriaan Co., Inc. , Waterman Steamship Corporation . The record
disclosed that the same facts were true of Agwllines , Inc. (which entered into a separate
stipulation ), Coastal Freight Handlers , Inc, Plant Shipping Company, Inc (which entered
into a separate stipulation ), Standard Fruit & Steamship Company, and United Fruit
Company.
27 Those employing only longshoremen are : Agwilines , Inc., Atlantic & Gulf Stevedore,
Inc, East Gulf Stevedoring Co, Inc , J P Florio & Company , Inc , John B Honor & Co,
Inc.. George H. Kent & Sons , Inc, Metropolitan Stevedoring Co., Inc., New Orleans Stevedor-
ing Company , Inc., Oceanic Stevedoring Company ( of Louisiana ) Inc, Plant Line Stevedor-
ing Co., Inc., J. L. Stulb doing business under the trade name of Texla Stevedoring
Company.
Those employing longshoremen and checkers are* Allied LeBlanc, Inc , Coastal Freight
Handlers , Inc, Luckenbach Gulf Steamship Company, Inc ., Lykes Bros .-Ripley Steamship
Co., Inc, Mississippi Shipping Co., Inc, The New York and Porto Rico Steamship Company,
Ryan Stevedoring Company, Inc , T. Smith & Son , Inc, Standard Fruit & Steamship Com-
pany, Tampa Interocean Steamship Company, United Fruit Company.
Standard Fruit & Steamship Company and United Fruit Company also employ banana
handlers.
Those employing only checkers are : American Baltic Chartering & Shipping Co., Inc., E. S.
Binnings , Lloyd Brasileiro , Gulf Ports Service Corporation , Richard Meyer Company, Ocean
Dominion Steamship Corporation , Page L'Hote Company, Ltd , Pan-Atlantic Steamship
Corporation , Plant Shipping Company, Inc, Ross & Heyn, Inc., Strachan Shipping Com-
pany, J. L Stulb doing business under the trade name of Gulf Shipping Com-
pany , Swayne & Hoyt , Ltd, Texas Transport & Terminal Co, Inc., Vogemann-Goudriaan
Co., Inc., Waterman Steamship Corporation
29 Coastal Freight Handlers, Inc, Standard Fruit & Steamship Company, and United
Fruit did not so stipulate.
DECISIONS AND ORDERS 1335
We find that each of the corporations, partnerships, and indi-
viduals listed in footnote 26 is engaged in trade, traffic, transporta-
tion, and commerce among the several States and/or between the
United States and foreign countries and that the longshoremen,
checkers, and/or banana handlers employed by them are directly
engaged in such trade, traffic, transportation, and commerce.
H. THE ORGANIZATIONS INVOLVED
International Longshoremen & Warehousemen's Union is a labor
organization affiliated with the Committee for Industrial Organi-
zation, admitting to its membership all workers engaged in long-
shore work.
General Longshore Workers, International Longshoremen's Asso-
ciation, No. 1418, is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to its membership all white
workers engaged in longshore work in the Port of New Orleans.
General Longshore Workers, International Longshoremen's Asso-
ciation, No. 1419, is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to its membership all colored
workers engaged in longshore work in the Port of New Orleans.
Local Nos. 1418 and 1419 do not admit to membership clerks and
checkers, water boys, sack sewers, or banana handlers.
International Longshoremen's Association, Local 1497, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to its membership all clerks and checkers engaged in check-
ing cargo to and from vessels at the Port of New Orleans.
Stevedores and Longshoremen's Benevolent Society, Inc., is an un-
affiliated labor organization admitting to its membership all white
workers engaged in longshore work in the Port of New Orleans 29
III. COLLECTIVE BARGAINING HISTORY IN THE PORT OF NEW ORLEANS
The Benevolent was the first labor organization, as far as the
record shows, to represent longshoremen in the Port of New Orleans.
Before 1910 the Benevolent negotiated contracts annually with em-
ployers of longshore labor, but the record does not disclose with
whom such contracts were made nor in what manner they were
negotiated. About 1914, the Benevolent became affiliated with the
American Federation of Labor. In that year the Benevolent, which
was composed of 4 locals, negotiated a 5-year contract with the em-
ployers of longshore labor, but again the record does not reveal
either how negotiations were conducted nor which employers signed
-' All the parties stipulated at the hearing that the I. L W. U., the I . L. A. Locals,
and the Benevolent are labor organizations
1336 NATIONAL LABOR RELATIONS BOARD
the contract. Thereafter the locals of the Benevolent had individual
contracts with various employers until 1923. In that year, during
negotiations for a new contract, the Benevolent 'called a strike which
proved unsuccessful.
From 1923 to 1933; after the loss of the 1923 strike, the majority
of the employers of longshore labor in New Orleans did not recognize
any labor organization as the representative of their employees, ex-
cept that the Benevolent had a "gentlemen's agreement" with three
companies which, until 1931, were being operated by the United
States Shipping Board. During the period from 1923 to 1933, there
was no effective collective bargaining in the Port.
In 1933, Independent White Longshoremen's Association and
Independent Colored Longshoremen's Association, unaffiliated
organizations, were formed at the Port. On November 7, 1933, these
two, organizations entered into a contract which was negotiated and
signed by the Association "for and on b3half of" various steamship
companies and stevedores who also signed the contract. This con-
tract established hours, wages, and other working conditions of long-
shoremen and provided that any dispute or grievance arising under
the contract-should be referred to an arbitration committee com-
posed in equal numbers of representatives of the labor organizations
and of representatives appointed by the Association. This contract
contained a preferential shop provision. The contract was signed by
deep-sea and intercoastal shipping companies employing longshore
labor. Certain shipping companies whose longshore work was done
by independent stevedoring companies also signed the contract. The
United Fruit Company and Standard Fruit & Steamship Company,
two deep-sea companies, the Morgan Line, and other coastwise com-
panies which together employ a substantial percentage of the long-
shore labor at the Port did not sign that contract.
.In 1935, at the expiration of the contract, the Association nego-
tiated a new 2-year contract with the same two labor organizations.
This contract, which was subsequently extended, was signed by sub-
stantially all the parties who had signed the first contract but was
not signed by the Association. Luckenbach Gulf Steamship Com-
pany, Inc., and Swayne & Hoyt, Ltd., the two intercoastal companies
which had signed the 1933 contract, negotiated separate contracts
with the Benevolent.
In 1937, after the 1935 contract, as extended, had terminated,
Locals Nos: 1418 and 1419 30 negotiated the contracts under which
they are now operating. These contracts are five in number, each of
which was negotiated separately. Locals Nos. 1418 and 1419 made
one contract with most of the deep-sea companies employing long--,
301n 1938 Independent White Longshoremen's Association and Independent Colored
Longshoremen 's Association became Locals Nos. 1418 and 1419, I. L. A., respectively.
DECISIONS AND ORDERS 1337
shore labor. That contract was negotiated by the Association, but
was signed both by individual companies who were members of the
Association, and by stevedores who were not members of the Associa-
tion. The Locals made separate contracts with United Fruit Com-
pany and Standard Fruit & Steamship Company, respectively, a
fourth contract with the two intercoastal companies, and *a fifth
contract with the coastwise companies.
In 1937, separate contracts were negotiated by United Fruit Com-
pany and Standard Fruit & Steamship Company, and the Banana
Handlers' Local of the I. L. A. which was organized in 1937, cover-
ing the banana handlers employed by those companies. In the same
year, Morgan Line, a coastwise company, made a contract with the
United Longshoremen and Dock Workers' Union, an affiliate of the
Committee for Industrial Organization, covering its longshore
employees.
In the case of all the contracts, except the one negotiated by the
Association, Locals Nos. 1418 and 1419, negotiated directly with the
companies which subsequently signed the respective contracts. The
customary procedure in the negotiation bf a contract through the
Association was for the Association to select a committee which met
with a committee representing the labor organizations, and discussed
the terms of a prospective agreement. When a tentative agreement
had been reached by the committees, a draft was submitted, not only
to the members of the Association, but also to the companies employ-
ing longshore labor, who were not members. These companies sug-
gested any changes desired, and the Association committee then
sought to secure the labor organizations' consent to any such sug-
gested changes. The agreement as finally drafted was then submitted
to the various employers of longshore labor for signature. Those
who desired to sign, would sign. Those, like Standard Fruit &
Steamship Company, United Fruit Company, Morgan Line, and the
other coastwise companies who did not desire to sign, would not
do so.
The coastwise and intercoastal contracts differ from the deep-sea
contracts with respect to the rate of pay for longshoremen. The
Morgan Line's contract also differs in this respect from the con-
tract of the other coastwise companies. The United Fruit Company's
contract and the Morgan Line contract differ from the contract
negotiated through the Association in their provisions with respect
to arbitration.
All the contracts which Locals Nos. 1418 and 1419 and their pred-
ecessors, the Independent White Longshoremen's Association and the
Independent Colored Longshoremen's Association have negotiated
with the Association provided for the arbitration of disputes by a
committee composed in equal numbers of representatives from the
1338 NATIONAL LABOR RELATIONS BOARD
labor organizations and of representatives appointed by the Associa-
tion. The United Fruit Company's contract contains a similar pro-
vision for arbitration, but provides that the company and not the
Association shall choose the company's representatives on the arbi-
tration committee. As far as the record discloses, the arbitration
provision of the contracts has not been invoked. Minor grievances
are settled between the labor organization and the individual steve-
dores without reference to the Association. While controversies of
major importance which might affect other members are normally
submitted to the Association, they are submitted only for the mem-
bership's information.
IV. THE NEW ORLEANS STEAMSHIP ASSOCIATION
The New Orleans Steamship Association is a corporation organized
in 1912 under the laws of Louisiana, by various steamship companies
and agents. The objects and purposes of the Association are "to ac-
quire, preserve, and disseminate information pertaining to the ocean
commerce of the Port of New Orleans; to promote the interests, to
decrease the risks, and to improve the methods in the handling thereof;
to establish, maintain, and operate a bureau for the inspection of the
condition and packing of merchandise tendered for ocean transporta-
tion; and generally to do any and all things to advance the interests
of the Port of New Orleans and to increase the ocean commerce
thereof; to provide, own, and maintain suitable rooms and offices for
the members of the Association in the city of New Orleans; and to
hold and exercise all such incidental powers as relate to the objects
heretofore set forth." 31 Its Charter and Bylaws give the Association
no specific authority or power to perform any function relating to
the labor relations of its members. Any person may purchase stock in
the Association but only those who are elected to membership are
entitled to vote. The bylaws of the Association 32 provide that "Ship
Owners, Agents of Ship Owners, Charterers, or the Representatives
of said interests" are eligible to membership in the Association and
that "No firm or agency shall be entitled to more than two memberships
and they shall be limited to partners, officers of incorporated firms, or
to the principal employees of such firms, agents, agencies or
corporations."
With the exception of Luckenbach Gulf Steamship Company, Inc.,
all the operators of ocean-going vessels which enter or leave the
"Port of New Orleans or their agents, are represented in the Associa-
tion.33 Included in this group are deep-sea companies which are en-
81 Charter and Bylaws of the Association (Petitioner Exhibit No. 1).
32 Petitioner Exhibit No. 1.
31 The Luckenbach Gulf Steamship Company, Inc, resigned from the Association in 1937.
DECISIONS AND ORDERS 1339
gaged in the transportation of cargo between ports in the United States
and in foreign countries; coastwise companies which are engaged in
the transportation of cargo between ports in the United States but not
between the Atlantic and Pacific coasts; and intercoastal companies
which transport cargo between the Atlantic and Pacific coasts of the
United States. These various companies use longshoremen and re-
lated workers in the loading and unloading of their ships at New Or-
leans. Although some of these companies employ such labor directly,
the more frequent practice is to contract their work to independent
stevedoring companies which employ the required labor. Stevedoring
companies have no representatives who are members of the Association.
Since the Association was organized in 1912, its labor committee
has participated in various activities involving longshore labor and
employers in the port. In 1923, the Association hired one Alvin E.
Harris to act as a "liaison man between labor and the employer."
Harris' function was to submit the grievances of individual longshore-
men to the Association for adjustment. The Labor Committee of the
Association attempted to settle such grievances with the individual
employers. Its functions were solely mediatory and it did not make
decisions which the employer was obliged to accept. From 1923 to 1933,
the Association, with Harris' aid, issued cards and badges to longshore-
men in the port to identify those men as regular longshoremen.
In 1933, the Association requested the employers of longshoremen
to notify their employees that some form of representation for lol ig-
shoremen should be established by the men. Such notification was
given and the employees of each employer selected representatives who
met at the offices of the Association for the purpose of forming a labor
organization. The Independent White Longshoremen's Association
and the Independent Colored Longshoremen's Association were formed
as a result of this meeting.
-During strikes on the waterfront, the Association has engaged in a
variety of activities in the interests of its members. It has inserted
advertisements in newspapers to secure labor for its members, has en-
gaged special police for duty, and has published pamphlets defending
the positions of the employers in such controversies.
V. THE APPROPRIATE UNIT
The I. L. W. U. contends for a single unit composed of all long-
shoremen, clerks, and checkers 34 engaged in the loading and unload-
ing of vessels in the Port of New Orleans. The Benevolent sup-
ported a port-wide unit of longshoremen, excluding clerics and
14 The parties differed concerning the groups of employees to be included within the
principal categories. These contentions will be discussed infra
1340 NATIONAL LABOR RELATIONS BOARD
checkers. 115 Locals Nos. 1418 and 1419 and the companies advocate
separate individual employer units.
The I. L. W. U. urged the adoption of a port-wide unit, principally
on two grounds: (1) that because of the peculiar character of long-
shore employment any and all longshoremen are potential employees
of each and every employer in the Port; (2) that the history of
collective bargaining in the Port establishes that in fact the wages,
hours, and working conditions of longshoremen have been fixed on a
port-wide basis by the Association, acting in the interest of all the
employers in the Port. We shall consider each ground separately.
We shall first examine briefly the nature of longshore employment
at the Port of New Orleans. Longshoremen at the Port of New
Orleans are employed by the "shape up" method. A longshoreman
seeking employment must report each morning at one of the "shape
up" points which have been established by custom as the places of
hiring. To these points, which are located centrally or. at clocks,
the shipping company or stevedoring companies which require long-
shoremen for the loading or unloading of a boat on the particular
day send their foremen to secure the needed labor. The foremen
choose from the assembly of longshoremen as many gangs of men 80
as are necessary and tell them where and when to report for work.
If they are satisfactory, longshoremen thus employed will have em-
ployment until the particular operation for which they have been
employed is completed. They must then report back at the "shape
up" in order. to secure; further employment. It is thus possible and
it not infrequently occurs that at various times a longshoreman may
be employed by different employers during the course of any given
period. Many longshoremen, however, are employed . by certain
companies with some degree of regularity due to the fact that fore-
men, who are in most cases employed regularly by a single company,
tend to choose the same gangs all the time. Thus there is a degree
of regularity of employment with individual employers, but even
those longshoremen, who are thus regularly favored by a particular
foreman do not wait for their foreman to secure assignment but
rather seek all the employment that they can obtain.
There has been no sufficient showing that even over an indeter-
minate period of time every longshoreman is actually an employee,
whether casual or regular, of each employer in the Port. To assert
that each longshoreman is potentially an employee of each employer
as In its petition for Intervention, the Benevolent' sought a unit composed of all white
longshoremen in the Port. At the oral argument, however, its representatives stated that
the Benevolent was willing to have both white and colored longshoremen vote at an
election.
se A gang varies from 16 to 22 men.
DECISIONS AND ORDERS 1341
seems to us an insufficient basis to find an employee unit coextensive
with the Port.
It is true that during the periods when the procedure of collective
bargaining was operative in the Port , there was a general , but not
complete, uniformity in the wages , hours, and working conditions
of longshoremen , but so far as the record shows such uniformity as
existed was not achieved through the Association acting for or in
the interest of all the employers in the Port under any delegation
of authority , either expressed or implied . In practice , both the
bargaining unions and substantial segments of employers of long-
shore labor of the Port have never negotiated or contracted on other
than an individual employer basis . Even those companies which
negotiated through the Association ultimately made their own con-
tracts with the labor organizations by individually signing the con-
tracts. There was no antecedent legal obligation on the individual
employer to accept, ratify, or adopt an agreement negotiated by the
Association if he did not choose to do so. In fact, as we have seen
in 1937, the United Fruit Company and the Standard Fruit & Steam-
ship Company and the intercoastal companies and the coastwise com-
panies, members of the Association , did not become parties to the
contract negotiated in that year through the Association.
To summarize , under the facts in this record the formal relation-
ship among the individual employers is such that the individual em-
ployers of longshore labor in the Port of New Orleans perform and
exercise the direct control over the essential employer functions;
namely, the fixing of wages, hours , and working conditions , and, the
settlement of employee grievances.
We are thus not presented with the situation treated in the case of
Matter of Shipowners ' Association of the Pacific Coast, Waterfront
Employers Association of the Pacific Coast , The Waterfront Em-
ployers of Seattle, The Waterfront Employers of Portland, The
Waterfront Employers Association of San Francisco , The Waterfront
Employers Association of Southern California and International
Longshoremen 's and Warehousemen's Union, District No. 1.87 In, that
case under a broad delegation of normal employer functions all the
companies employing longshoremen throughout the Pacific coast were
represented by the Coast Association in collective bargaining with
respect to wages, hours , , and other working conditions of their long-
shore employees . In the instant case we have a situation where those
companies which desire to participate in contracts which have been
negotiated by an association of employers may do so if they desire
and irrespective of their membership in such Association, while
37 7 N. L. R B 1002. i
1342 NATIONAL LABOR RELATIONS BOARD
other companies which do not so desire treat individually with the
representative of their employees.
Consequently, we are unable within the limitations of the Act to
fix a single unit embracing the employees of all the employers of
longshore labor within the Port. We find that separate units of em-
ployees of each employer will insure to the longshoremen employed
in the Port of New Orleans the full benefit of their right to self-
organization and to collective bargaining and will otherwise effectu-
ate the purposes of the Act.
Separate units of employees for each company will accordingly be
established. We shall now discuss which types of employees should
be included in such units. It is agreed that there should be included
in such units all persons employed to do longshore work, i. e., long-
shoremen. A longshoreman according to the definition finally agreed
upon by all the parties is one who carries cargo to a ship from its last
place of rest and from a ship to its first place of rest. There is thus
excluded from the definition of a longshoreman all car-loaders and
warehousemen who are engaged in the carrying of cargo to and from
railroad cars and warehouses, respectively, and who do not carry the
cargo directly from the railroad car or warehouse to the ship's side
or vice versa. Where cargo is carried directly between the ship and
a railroad car and/or a warehouse, an infrequent occurrence, the work
is performed by longshoremen.
There is disagreement among the parties with respect to the inclu-
sion of foremen, sack sewers, water boys, banana handlers, and clerks
and checkers in the longshoremen's units. We shall discuss each of
these groups of workers separately.
Foremen: As we have previously noted, foremen choose the gangs
which are engaged in loading and unloading vessels. Subject to'the
provisions of the contracts between Local Nos. 1418 and 1419 and
the employers of longshoremen, foremen may choose whom they
please. They have the right to discharge from their gangs any long-
shoremen with whom they are dissatisfied. Foremen, unlike long-
shoremen, are in most cases employed on a regular weekly or monthly
basis by a single company and earn higher wages than the average
longshoreman. Foremen have never been covered by contracts which
were made with respect to longshoremen and, although they are ad-
mitted to membership in the I. L. W. U., the record is not clear as to
whether or not they are admitted to membership in Local Nos. 1418
and 1419.
There are some foremen, however, who are paid on a daily basis
and who work as longshoremen when they cannot secure wore: as
foremen. Local Nos. 1418 and 1419 are willing to have these men
included in the longshoremen's units but desire the others to be ex-
DECISIONS AND ORDERS 1343
-eluded. In our opinion, the close relationship of the salaried foremen
to the employer and the regularity of their employment differentiate
their interests from those of the daily-paid casual foremen. There-
fore, foremen employed on a monthly or weekly basis will be excluded
from the bargaining unit, but longshoremen who work occasionally
as foremen on a daily basis will be included.
Sack Sewers and Water Boys. The I. L. W. U. contended that
persons employed as sack sewers and water boys should be included
in the longshoremen's units. Local Nos. 1418 and 1419 and the com-
panies contended that sack sewers and water boys should be excluded.
Local Nos. 1418 and 1419, however, stated at the oral argument that
if the Board decided that the sack sewers and water boys should be
represented they wanted the same opportunity as the I. L. W. U. to
represent them.
The sack sewers are employed by the stevedores to repair sacks
which break open in the course of handling by the longshoremen and
to sweep up cargo which has fallen from the sacks. The water boys
are persons employed to supply the longshoremen with water while
they are working. Each company employing longshoremen employs
one or two sack sewers and water boys. Sack sewers and water boys.
have not been represented by any labor organizations prior to the
advent of the I. L. W. U. and have not been included in any con-
tracts negotiated by' waterfront employees. They receive less com-
pensation than the longshoremen and their jobs do not require as
great physical strength. However, there is some interchangeability
of employment between sack sewers and water boys and longshoremen.
Since the competing labor organizations are willing to represent.
them, and since, because of their small numbers at each of the com-
panies, they would be unable to bargain effectively by themselves,
we shall include them in the longshoremen's units.
Banana Handlers. United Fruit Company and Standard Fruit &
Steamship Company employ banana handlers to unload bananas
from the ships of these companies. The men so employed are engaged
solely in the unloading of the one type of cargo, bananas. In this
work they are aided by mechanical devices. They are employed at
wharves other than those at which the longshoremen of the two
companies load and unload general cargo. They receive 60 cents
an hour as opposed to the pay of 95 cents an hour received by long-
shoremen. They are not considered to be longshoremen, although
some of them when not working as banana handlers also work as
longshoremen. They have never been covered by the contracts nego-
tiated by the longshore labor organizations on the waterfront and
are not admitted to membership in Local Nos. 1418 and 1419 unless
they are also longshoremen. In 1937 the Banana Handlers Local
was formed, and at the present time has agreements with United
1344 NATIONAL LABOR RELATIONS BOARD
Fruit Company and Standard Fruit & Steamship Company.
Although the work of banana handlers and longshoremen is not dis-
similar, the two groups do not have either any history of joint col-
lective organization and effort or sufficient interests in common to
justify their being included in the same units. We find, therefore,
that the banana handlers employed by United Fruit Company and
Standard Fruit & Steamship Company should, be excluded from the
longshoremen's units at those companies unless they are also employed
as longshoremen.
The I. L. A. originally filed petitions «ith the Regional Director
claiming that it represented a majority of the longshoremen and
banana handlers employed by these two companies and stated that
the-units it considered to be appropriate included both longshoremen
and banana handlers. After the hearing, the I. L. A. sought to with-
draw its petitions with respect to these two companies. ' The I. L.
W. U. did not contend at the hearing that in the 'event banana han-
dlers were not included in the longshoremen's units they should be
included in separate units. At the oral argument, however, counsel
for the I. L. W. U. stated that it did not desire any of the petitions
in the case dismissed, even though the Board might not uphold the
I. L. W. U. contentions with respect to: appropriate units. Since
banana handlers, like the other waterfront workers, are entitled to
representation if they desire it, and since particularly it is not clear
that the I. L. A. does not desire separate units of banana handlers
to be established, we find that the banana handlers employed by
United Fruit Company and those employed by Standard Fruit &
Steamship Company constitute units appropriate for the purposes
of collective bargaining and that said units will insure to the banana
handlers employed by the afore-mentioned companies the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
Clerks and, Checkers. The I. L. W. U. desires that there should
be included in the longshoremen's units clerks and checkers em-
ployed wholly or in part by the various shipping companies to check
cargo to and from the ship. It does not seek to include clerks who
do not work on the wharves ' or clerks who, though working on the
wharves, perform clerical, tasks which are not directly connected with
the handling of cargo to and from' the ship and which, but for the
arrangements of the particular company, would be performed in
offices not located on the wharves. The I. L. W. U. also does not
desire to include chief clerks who are in a supervisory capacity. Lo-
cal Nos. 1418 and 1419 contended that clerks and checkers should
be excluded from the longshoremen's units. The Clerks and Check-
ers Local contended that the case should be dismissed with respect
DECISIONS AND ORDERS 1345
to clerks and checkers but agreed that in the event it was not, the
clerks and checkers as defined by the I. L. W. U. were the ones
who should be included in whatever unit or units the Board might
find appropriate. The I. L. W. U. and the Clerks and Checkers
Local agree, and we so find, that the terms "clerk" and "checker"
are synonymous when used to describe persons who are engaged in
the checking of cargo to and from ships.
Clerks and checkers are in most instances employed by shipping
companies. Longshoremen are usually employed by stevedoring com-
panies. The clerks and checkers take no part in the physical han-
dling of cargo but work with the longshoremen while the cargo
is being loaded and unloaded. They had no organization' to repre-
sent them until the formation of the Clerks and Checkers Local in
July 1937. The Clerks and Checkers Local has been unsuccessful
in securing a contract from the companies employing clerks and
checkers. There is no collective bargaining history which might help
us to determine whether or not bargaining would be more effective
for this group as a part of the larger longshoremen's units or as
separate units. Consequently, we shall allow the clerks and check-
ers who are employed by the companies listed in appendix "E,"
which are the companies employing both longshoremen and clerks
and checkers, to determine for themselves whether they desire to be
included in the longshoremen's units or have separate units.38
The evidence introduced by the I. L. W. U. and the Clerks and
Checkers Local at the hearing with respect to the extent of their
representation among the clerks and checkers employed by the
various companies at the Port is not sufficient to permit a determina-
tion with respect to the desires of the clerks and checkers. Elec-
tions by secret ballot are therefore necessary to resolve this ques-
tion. At these elections the clerks and checkers employed by com-
panies also employing longshoremen will vote for the I. L. W. U.
if they desire to be included in the longshoremen's units, and will
vote for the Clerks and Checkers Local if they desire separate units
for themselves. Since the Benevolent does not claim to represent
clerks and checkers it will not be placed on the clerks and checkers'
ballot. The final determination of the employee units for these com-
panies will depend upon the results of these elections.
Most companies employ only clerks and checkers and do not em-
ploy longshoremen. At these companies, clerks and checkers will be
included in separate units. We find that the persons employed as
clerks and checkers at the Port of New Orleans by each of the
companies' listed in appendix "D," respectively, excluding chief
Matter , of Boston Daily Record ( New England Newspaper Publishing Co.) and News-
paper Guild of Boston (American Newspaper Guild ), 8 N L R. B 694.
1346 NATIONAL LABOR RELATIONS BOARD
clerks and clerks who are not engaged in the checking of cargo to
and from ships, constitute units appropriate for the purpose of col-
lective bargaining, and that these units will insure to these employees
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
In accordance with our decision above with respect to the inclusion
and exclusion of the various categories of employees in the long-
shoremen's units, we find that the persons employed to do longshore
work by each of the companies listed in appendix "B," respectively,
including longshoremen, sack sewers, and water boys, and excluding
car loaders and warehousemen who are not also employed as long-
shoremen, foremen paid on a monthly or weekly basis, banana •han-
dlers, superintendents, assistant superintendents, watchmen, time-
keepers, and paymasters, constitute units appropriate for the purposes
of collective bargaining. We further find that the persons employed
to do longshore work by each of the companies listed in appendix
"E," respectively, including longshoremen, sack sewers, and water
boys and excluding car loaders and warehousemen who are not also
employed as longshoremen, foremen paid on a monthly or weekly
basis , banana handlers, superintendents, assistant superintendents,
watchmen, timekeepers and paymasters and including or excluding
clerks and checkers as shall be determined, upon the basis of-
the-re-sults of the elections herein ordered, constitute units appropriate for
the purposes of collective bargaining.
We will order separate elections among the persons employed to
do longshore work and among the clerks and checkers employed by
the companies listed in appendix "E." If, at a given company, both
groups of employees choose the I. L. W. U., they will together con-
stitute a single bargaining unit. If they do not, each group choosing
to be represented by a union will constitute a separate bargaining unit.
VI. THE QUESTIONS CONCERNING REPRESENTATION
The contracts made by Local N6s."1418 ,and 1419 ii 'October 1937
with all employers of longshore labor who are named in the peti-
tions filed in the present case expire on September 30, 1938.3° The
I. L. W. U. in its petition claims to represent a majority of the long-
shore workers, including water boys, sack sewers, banana handlers,
foremen, and clerks and checkers employed by the various companies
involved in this proceeding and in support of its claim introduced in
evidence over 2,197 membership cards. No attempt was made either
by the parties at the hearing or by the Board to segregate these cards
according to individual employers or according to classifications of
The coastwise contract, which is Exhibit No. 5 Local Nos. 1418 and 1419, expires
,on October 31, 1938.
DECISIONS AND ORDERS 1347
employees such as longshoremen, water boys, sack sewers, banana
handlers, foremen, and clerks and checkers. We do not regard such
segregation as essential in this proceeding, since wider the conten-
tions of both the companies and the competing labor organizations
involved a controversy exists in fact concerning the I. L. ' W. U.'s
claim to the groups of workers affected.
We find that questions concerning representation have arisen con-
cerning employees of the companies listed in appendix "A" and that
such questions tend to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
The companies listed in appendix "C" do not employ any classi-
fications of employees involved in the present case. Consequently,
we find that no questions concerning representation have arisen con-
cerning persons employed at New Orleans, Louisiana, by the coin-
panics listed in appendix "C."
VII. THE DETERMINATION OF REPRESENTATIVES
The companies, the I. L. W. U., Local Nos. 1418 and 1419, and the
Benevolent agreed that in view of the doubt which exists with respect
to which organization represents the majority of longshoremen em-
ployed by each company at the Port, elections by,secret; ballot should
be held to resolve the questions concerning representation. We shall
accordingly direct such elections. At these elections, the longshore-
men employed by each employer at the Port who employs longshore-
men shall decide - whether they desire to be represented by the I. L.
W. U., Local Nos. 1418 and 1419, the Benevolent, or by none of these
organizations.
At the hearing the parties differed as to who should be eligible to
vote in the event that elections were determined to be necessary. They
agreed that a period of 6 months should be chosen as the time during
which longshoremen should have worked in order to be eligible to
vote. The I. L. W. U. contended that only longshoremen employed-be-
tween October 1, 1937, and ' March 31, 1938, should be permitted to
vote since this was the period during which the most longshoremen
were employed at the Port and because since January 1, 1938, many
members of the I. L. W. U. had been unable to secure employment be-
cause of their affiliations with the I. L. W. U. Local Nos. 1418 and
1419 contended that the period of eligibility should be between Janu-
ary 1 and July 1, 1938, since this represented 3 peak months of em-
ployment and 3 slack months and was thus more representative of
employment at the Port. The Benevolent made no contentions with
respect to these matters.
The I. L. W. U. and Local Nos. 1418 and 1419 also differed on the
question of how frequently a man should have worked as a longshore-
man during whatever eligibility period was established in order to be
117213-39-vol. 8-86
1348 NATIONAL LABOR RELATIONS BOARD
eligible to vote. The I. L. W. U. contended that it was sufficient if a
longshoreman had worked for any length of time during each of any
8 weeks of the 6-month eligibility period and gave as its reason that a
man who had worked this much had demonstrated that he looked to
longshore work for his livelihood and that if he could not secure more
employment during the 6 months it was not because he did not desire
it. Local Nos. 1418 and 1419 contended that unless a man had earned
$15 in each of 8 weeks during the 6-month period he should not be en-
titled t o vote. Both the I. L. W. U. and Local Nos. 1418 and 1419
agreed that a man's eligibility should be computed from his employ-
ment throughout the waterfront and that he should vote with the em-
ployees of the company where he secured the most employment during
the period.
Since the parties agree that a 6-month period should be used in
determining eligibility to vote, we will concur in their judgment. This
period should extend from October 1, 1937, to March 31, 1938, because
it is only during the peak season that all persons engaged in longshore
work have an equal opportunity to 'work. , Since a person who has
worked in each of 8 weeks during the afore-mentioned 6-month period
is, obviously engaged in longshore work, this test should be employed,
in determining eligibility to vote. In the application of these criteria,
we shall direct that his eligibility to vote be determined from his total
employment throughout the tinaterfront during the designated period,
but that he vote with the employees of the company from which he
has received the greatest amount of employment during the period. In
determining a man's eligibility to vote the Social Security Records in-
troduced into evidence should be used.
With respect to the clerks and checkers employed by companies
listed in appendix "D," which are the companies employing only
checkers and which do not employ any longshoremen, we find elections,
by secret ballot are also necessary to determine the proper representa
tives for collective bargaining and to resolve the question concerning
representation.
At all elections involving clerks and checkers, the clerks and checkers
employed by each company will determine whether they desire to be
represented by the I. L. W. U. or by the Clerks and Checkers Local,
for the purpose of collective bargaining, or by neither. At the hear-
ing the Clerks and Checkers Local contended that in the event an elec-
tion was ordered with respect to clerks and checkers, only those clerks
and checkers who were employed between October 1, 1937, and March
31,.1938, and who had earned $15 per week in each of any 6 weeks dur-
ing this period should be permitted to vote. The I. L. W. U. made no
contentions with respect to the eligibility of clerks and checkers. Since
the record shows that the majority of clerks and checkers are em-
ployed daily like longshoremen and shift from employer to employer,
DECISIONS AND ORDERS 1349
it would not be fair to exclude from voting those clerks and checkers
who may not have been able to earn the amount set forth above. Con-
sequently, all clerks and checkers who have worked in each of any 8
weeks during the period of October 1, 1937, to March 31, 1938, for one
or'more of the companies, will be permitted to vote. If during this
period he has worked at more than one company, he shall vote with
the company from which he has received the greatest amount of em-
ployment during this period.
Neither the I. L. A. nor the I. L. W. U. introduced evidence that
it represented a majority of the banana handlers employed by
United Fruit Company and Standard Fruit & Steamship Company,
other than oral testimony to that effect by their representatives.
Accordingly, we find that elections by secret ballot are necessary to
determine the proper representatives for collective bargaining and
to resolve the questions concerning representation. At these elections
the banana handlers employed by each of the two companies will
decide whether they desire to be represented by the I. L. W. U. or by
the I. L. A. for the purpose of collective bargaining, or by neither.
Since it is not clear from the record whether the I. L. A. or its
affiliate, the Banana Handlers Local, claims to represent the afore-
mentioned banana ,handlers, and since in view of the I. L. A.'s re-
quest that its petition be withdrawn, it is not clear that either the
I. L. A. or its affiliates desire to be included on the ballot, we shall
direct that the ballot contain the name of the I. L. A. unless the
I.L. A. informs the Regional Director within five (5) days from
the date of the Direction of Elections that it desires to be designated
upon the ballot in some other manner or to withdraw from the
ballot.'°
William Ryan, the president of the Banana Handlers Local, con-
tended that in the event of an election among banana handlers, all
men who had -earned $10 in each of any 8 weeks between April 1
and ,September 30, 1938, should be permitted to vote. He testified
that banana handlers average $10 per week and that the most banana
handlers were employed during the summer months. He admitted,
however, upon cross-examination by counsel for the I. L. W. U.,
that since the work of banana handlers employed by the two com-
panies is irregular, no member of the Banana Handlers Local would
be deprived of an opportunity to vote if a period from October 1,
1937, to March 31, 1938, were chosen. Consequently, we shall adopt
4° The Board has been advised by the Regional Director for the Fifteenth Region that
on September 27, 1938, United Fruit Company made a closed-shop contract with the
I L. A. effective October 1, i938, for the ensuing year, covering the banana handlers
in its employ . Without passing on the status of the contract in the event the I. L A
wins the election and is certified as bargaining representative, it is clear that in the event
the I. L. W. U. wins the election and is certified it will have the right to represent the
employees for collective bargaining and to make such contracts as it can negotiate
1350 NATIONAL LABOR RELATIONS BOARD
the same period of eligibility for banana handlers as for the other
groups involved in the case. Since a man who works at banana
handling in each of any 8 weeks should be entitled to participate
in the choice of representatives of banana handlers, we will not re-
quire that he shall have earned any given amount during such period
in order to be eligible to vote.
The afore -mentioned elections will be conducted on the same day
as the elections which we have directed in the case of Mobile Steam-
ship Association , et al. and International Longshoremen and Ware-
housemen's Union-"
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees at the Port of New Orleans of each of the
companies listed in appendix "A," respectively , within the meaning
of Sections 9 (c) and 2 ( 6) and ( 7) of the National Labor Relations
Act.
2. No questions affecting commerce have arisen concerning the
representation of employees at the Port of New Orleans of the fol-
lowing companies : American South African Line, Inc., Anchor Line,
Cunard White Star Line, Donaldson Atlantic Line, French Line,
Grace Line, Hamburg-American Line North German Lloyd, Holland
American Line, Isthmian Steamship Company, A. K. Miller Co.,
Inc., Mooremack Gulf Lines, Inc., Munson Steamship Line, Murray
Shipping Company, Inc., New Orleans Steamship Association, Nip-
pon Yusen Kaisha Line, Norton Lilly & Co., Scandinavian-American
Line, and Southern Stevedoring Company.
3. The persons employed as banana handlers at the Port of New
Orleans by United Fruit Company and Standard Fruit & Steamship
Company, respectively , each constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the National Labor Relations Act.
4. The persons employed as clerks and checkers at the Port of
New Orleans by each of the companies listed in appendix "D,"
respectively , excluding chief clerks and those who are not employed
to check cargo to and from ships , constitute units appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
5. The persons employed to do longshore work by each of the com-
panies listed in appendix "B," respectively, including longshoremen,
sack sewers, and water boys, and excluding car loaders and ware-
418 N . L R. B 1297.
DECISIONS AND ORDERS 1351
housemen who are not also employed as longshoremen, foremen paid
on a monthly or weekly basis, banana handlers, superintendents, as-
sistant superintendents, watchmen, timekeepers, and paymasters, con-
stitute units appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with the companies listed in appendix "A," at New Orleans, Louisi-
ana, elections by secret ballot shall be conducted within fifteen (15)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fifteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations, as
follows :
1. Separate elections shall be conducted among the persons em-
ployed to do longshore work at the Port of New Orleans by each
of the companies listed in appendices "B" and "E," respectively,
including longshoremen, sack sewers, and water boys, and excluding
car loaders and warehousemen who are not also employed as long-
shoremen, foreman paid on a monthly or weekly basis, superintend-
ents, assistant superintendents, watchmen, timekeepers, paymasters,
and clerks and checkers, to determine whether they desire to be rep-
resented by International Longshoremen and Warehousemen's Union,
affiliated with the Committee for Industrial Organization, by Gen-
eral Longshore Workers, International Longshoremen's Association,
Nos. 1418 and 1419, affiliated with the American Federation of
Labor, or by Stevedores and Longshoremen's Benevolent Society,
Inc., unaffiliated, for the purposes of collective bargaining, or by
none of the afore-mentioned organizations. For the purpose of the
elections a person employed to do longshore work is hereby defined
as one who was employed by one or more of the companies listed in
appendices "B" and "E" to do longshore work in each of any 8
weeks between October 1, 1937, and March 31, 1938. A person who
has been employed in this period by more than one of the companies
listed in appendices "B" and "E" shall cast his ballot with the em-
ployees of the company where he received the greatest amount of
employment between October 1, 1937, and March 31, 1938.
1352 NATIONAL LABOR RELATIONS BOARD
2. Separate elections shall be conducted among the persons em-
ployed as clerks and checkers at the' Port 'of New Orleans by each
of the companies listed in appendices' "D" and "E," respectively,
excluding chief clerks, and clerks who are not engaged in the check-
ing of cargo to and from ships, to 'determine whether they desire
to be represented by International Longshoremen and Warehouse-
men's Union, affiliated with the Committee for Industrial Organiza-
tion, or by International Longshoremen's Association, Local No.
1497, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining, or by neither. For the purpose of the
elections, a 'person employed as a clerk or clicker is hereby defined
,as one who was employed by one or more of the companies listed
in appendices "D" and "E" as a clerk or checker in each of any 8
weeks between October 1, 1937, and. March 31, 1938. A person who
has been employed in this period by more than one of the companies
listed in appendices "D" and "E" shall cast his ballot with the
employees of the company where he received the greatest amount of
employment between October 1, 1937, and March 31, 1938.
3. Separate elections shall be conducted among the persons em-
ployed as 'banana handlers at the Port of New Orleans by United
Fruit Company and Standard Fruit & Steamship Company, respec-
tively, to determine whether they desire to_ be represented by Inter-
national Longshoremen and Warehousemen's Union, affiliated with
the Committee) for - Industrial' .Organization, or by International
Longshoremen's Association, for the purpose of collective bargain-
ing, or by neither. For the purpose of the elections, a person em-
ployed as a banana handler is hereby defined as one who was em-
ployed as a banana handler in each of any 8 weeks between October
1, 1937, and March 31, 1938.
ORDER
IT Is HEiEBY ORDERED that,the petitions which were filed for-in-
vestigation and certification of representatives of employees of the
following companies be, and they hereby are, dismissed : American
South African Line, Inc., Anchor Line, Cunard White Star Line,
Donaldson Atlantic Line, French Line, Grace Line, Hamburg-Amer-
ican Line North German Lloyd, Holland American Line, Isthmian
Steamship Company, A. K. Miller Co., Inc., Mooremack Gulf Lines,
Inc., Munson Steamship Line, Murray Shipping Company, Inc.,
New Orleans Steamship Association, Nippon Yusen Kaisha Line,
Norton Lilly & Co., Scandinavian-American Line, and Southern
Stevedoring Company.
DECISIONS AND ORDERS 1353
Mn. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision, Direction of Elections, and Order.
APPENDIX A
Agwilines, Inc.
American Baltic Chartering & Shipping Co., Inc.
Atlantic & Gulf Stevedores, Inc.
E. S. Binnings
Lloyd Brasileiro
Coastal Freight Handlers, Inc.
East Gulf Stevedoring Co., Inc..
J. P. Florio & Company, Inc.
Gulf Ports Service Corporation
John B. Honor & Co., Inc.
George H. Kent & Sons, Inc.
Alfred LeBlanc, Inc.
Luckenbach Gulf Steamship Company, Inc.
Lykes Bros.-Ripley Steamship Co., Inc.
Metropolitan Stevedoring Co., Inc.
Richard Meyer Company
Mississippi Shipping Co., Inc.
New Orleans Stevedoring Company, Inc.
The New York and Porto Rico Steamship Company
Ocean Dominion Steamship Corporation
Oceanic Stevedoring Company (of Louisiana) Inc.
Page, L'Hote Company, Ltd.
Pan-Atlantic Steamship Corporation,
Plant Line Stevedoring Co.,,.Inc.,
Plant Shipping Company; Inc.
Ross & Heyn, Inc.
Ryan Stevedoring Company, Inc.
T. Smith & Son, Inc.
Standard Fruit & Steamship Company
Strachan Shipping Company
J. L. Stulb, doing business under the trade name of Gulf Ship-
ping Company,
J. L. Stulb, doing business under the trade name of Texla
Stevedoring Company
Swayne & Hoyt, Ltd.
Tampa Interocean Steamship Company °
Texas Transport & Terminal Co., Inc.
United Fruit Company
Vogemann-Goudriaan Co., Inc.
Waterman Steamship Corporation
1354 NATIONAL LABOR RELATIONS BOARD
APPENDIX B
Agwilines, Inc.
Atlantic & Gulf Stevedores, Inc.
East Gulf Stevedoring Co., Inc.
J. P. Florio & Company, Inc.
John B. Honor & Co., Inc.
George H. Kent & Sons, Inc.
Metropolitan Stevedoring Co., Inc.
New Orleans Stevedoring Company, Inc.
Oceanic Stevedoring Company (of Louisiana) Inc.
Plant Line Stevedoring Co., Inc.
J. L. Stulb, doing business under the trade name of Texia Steve-
doring Company
APPENDIX C
American South African Line, Inc.
Anchor Line
Cunard White Star Line
Donaldson Atlantic Line
French Line
Grace Line
Hamburg-American Line North German Lloyd
Holland American Line
Isthmian Steamship Company
A. K. Miller, Co., Inc.
Mooremack Gulf Lines, Inc.
Munson Steamship Line
Murray Shipping Company, Inc.
New Orleans Steamship Association
Nippon Yusen Kaisha Line
Norton Lilly & Co.
Scandinavian-American Line
Southern Stevedoring Co.
APPENDIX D
American Baltic Chartering & Shipping Co., Inc.
E. S. Binnings
Lloyd Brasileiro
Gulf Ports, Service Corporation
Richard Meyer Company
Ocean Dominion Steamship Corporation
Page L'Hote Company, Ltd.
Pan-Atlantic Steamship Corporation
DECISIONS AND ORDERS 1355
Plant Shipping Company, Inc.
Ross & Heyn, Inc.
Strachan Shipping Company
J. L. Stulb, doing business under the trade name of Gulf Ship-
ping Company
Swayne & Hoyt, Ltd.
Texas Transport & Terminal Co., Inc.
Vogemann-Goudriaan Co., Inc.
Waterman Steamship Corporation
APPENDIX E
Alfred LeBlanc, Inc.
Coastal Freight Handlers, Inc.
Luckenbach Gulf Steamship Company, Inc.
Lykes Bros.-Ripley Steamship Co., Inc.
Mississippi Shipping Co., Inc.
The New York and Porto Rico Steamship Company
Ryan Stevedoring Company, Inc.
T. Smith & Son, Inc.
Standard Fruit & Steamship Company
Tampa Interocean Steamship Company
United Fruit Company