American Dredging Co.

National Labor Relations Board - Board Decisions

Dec 20, 1940

28 N.L.R.B. 714 (N.L.R.B. 1940)

In the Matter of AMERICAN DREDGING Cdi0ANY and NATIONAL
MARITIME UNION,
Case No. R-2088'-D'eczded Ddeeiii6er'.0;^ 193
Jurisdiction :' dredging indus't'ry!
Investigation and Certification of- Representatives :` existence of question': coli-
flicting claims of rival representatives; election necessary.
Unit Appropriate for Collective Bargaining
Deck hands, oilers, wipers, firemen, water tenders, cooks, and mess-boys
employed by dredging company on its dredges and tugs excluding the
superintendent, captains, mates, engineers and assistant engineers, ma-
chinists, welders and burners, blacksmiths and shore pipe-line men con-
stitute an appropriate unit, notwithstanding one of the labor organizations
involved contends all of the above-named employees constitute the appro-
priate unit, where the excluded employees are either supervisors or off-
shore employees, who work only part time on the dredges, and all of
such excluded employees possess a higher degree of skill than those
included in the unit. Likewise, employees working on the holsters (der-
rick boats) excluded from such unit of employees on dredges and tugs,
since the employees on the holsters are off-shore employees who work on
the holsters from time to time only when operations of the hoisters are
needed.
Employees on dredge operating approximately 225 miles from Phila-
delphia excluded from unit of employees on dredges and tugs, the custom-
ary operations of which are confined to Philadelphia and vicinity,
notwithstanding one of the labor organizations contends such dredge
should be included in the unit, where geographic considerations and the
fact that employees on the excluded dredge, with minor exceptions, are
hired locally, warrant such exclusion.
Mr. Samuel G. Zack, for the Board. _
Mr. A. V. Cherbonnier, of New York City, for the Company.
Mr. William L. Standard, by Mr. Max Lustig, of New York City,
for the N. M. U.
Syme cf Simons, by Mr. Benjamin R. Simons, of Philadelphia, Pa.,
and Mr. William Carter, of Cranford, N. J., for the I. U. 0. E., and
for Local 825, I. U. 0. E. s
Mr. J. H. White, of Philadelphia, Pa., for Local 542, I. U. 0. E.
Mr. Max Lustig, of New York City, and Mr. Warren C. Evans,
of Philadelphia, Pa., for the M. E. B. A.
Mr. Sidney L. Davis and Mr. Daniel J. Harrington, of counsel
to .the Board.
28 N. L: R B, No. 108.
714
AMERICAN , DREDGING COMPANY
DECISION
4 , AND
DIRECTION OF ELECTION
STATEMENT , OF THE CASE
,715
,.Oil, July 1, 1940, National Maritime Union, , herein, called,. the
N.r M. U., filed with the Regional Director, for the Fourth Region
(Philadelphia,,,Pennsylvania) a. petition alleging that a, question
affecting commerce had arisen concerning, thee, representation, of em-
ployees of American Dredging Company, Philadelphia; Pennsyl-
vania, herein called , the Company, and requesting an investigation
and certification,of representatives pursuant to Section 9 (c) of the
National ,Labor Relations Act, 49 Stat. 449, herein. called the Act.
On, September 23 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 Regu-
lations-Series 2, as amended, ordered an investigation and author-
ized,the, Regional, Director to conduct it and to -provide for an
appropriate,hearing,upon due notice.
On September, 30 the, Regional Director issued a notice-of hearing,
copies,, ;of, which, ,were duly served upon the Company, upon the
N. M. U., and upon the following labor organizations: United Ma-
rine Division,, International Longshoremen's Association, Local 333,
herein called the I. L. A.,1 International Union of Operating En-
gineers, Local 825, herein called Local .825, I. U. O. E.,2 and Marine
Engineers Beneficial, Association. Upon request..of the. Company
the.Regional Director on October. 2 issued an order postponing the
hearing, copies of which were duly, served upon the foregoing per-
sons and organizations upon whom the original notice of hearing
was served. , Pursuant to such order a hearing was held on October
8, 1940, •at Philadelphia; Pennsylvania, before Bennet. F. ShaufHer,
the, Trial Examiner duly designated by the Board. The Company,
the,N.,M. U., and Local 825, I. U. O. E..appeared either by counsel
or their. representatives. At. the beginning.of • the ,hearing, the Trial
Examiner granted leave to Marine Engineers Beneficial Association,
Local No. 13, herein called the M. E. B. A., to International Union
of Operating Engineers, Local 542, herein called Local 542, I. U. O. E.,
and to International Union of Operating Engineers, herein indi-
vidually called, and at times together with Local, 825, I. U., O, E. and
'The I. L. A., although duly served with notice in regard thereto, neither appeared at
any of the hearings nor participated in any manner in the proceedings -
P Local 825, I. U. O. E , is a local,of International Union of Operating Engineers, as set
forth hereinafter It was incorrectly designated in the service as Local 525 of the
International
" 716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 542, I. U . O. E., collectively called, the I . U. O. E., to intervene
in these proceedings . The M . E. B. A., Local 542, I. U . O.'E., and
the I . U. O. E. were represented at the hearing by their counsel
or representatives . Evidence was adduced , and rulings upon the
admission of evidence and motions of the parties were made.
On October 22, upon request of the I . U. O. E. and pursuant to
notice duly served, directly or through their counsel or representa-
tive, upon the Company , the N. M. U., the M. E. B. A. and the
I. U. O. E ., a, hearing for the purpose of oral argument was held
before the Board at Washington , D. C. The Company, the N. M. U.,
and the I. U. O. E . appeared , presented oral argument , and otherwise
participated in the hearing . During the hearing the I. U. O. E. made
application of the Board in accordance with its Petition for Leave
to Present Additional Testimony theretofore filed on October 18,
requesting that the record be reopened and the I. U. O. E. be
granted leave to' submit evidence with respect to "the unit appro-
priate for collective bargaining and the history of labor relations
of the Company, the nature and character of the work done by the
Company." On October 25 the Board issued its order granting the
application of the I. U. O. E ., directing that the record be reopened
and a further hearing be held and providing for other matters con-
sistent therewith . A copy of this order was duly served upon the
parties.
On October 28 the Regional Director issued a notice of further
hearing, and on October 30, upon request of the Company , issued
an order postponing the hearing , copies of which were duly served
upon the parties . Pursuant to notice a further hearing was held
on November 6 and 7 at Philadelphia , Pennsylvania , before James
C. Paradise , the Trial Examiner duly designated by the Board. The
Board, the Company, the N. M. U., the I . U. O. E., and the
M. E. B. A . appeared and were represented by counsel, and all
participated in the further 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 various rulings on motions
.and 'on objections to the admission of evidence . The Board has
reviewed the rulings of the Trial Examiner at the original hearing
and the further hearing and finds that no prejudicial errors were
committed.
On December 5, upon request of the I . U. O. E. and the N. M. U.,
and pursuant to notice duly served upon all the parties , a hearing
for the purpose of oral argument was held before the Board at
Washington , D. C. The Company , the N . M. U., the I. U. O. E., and
the M. E. B. A. appeared , presented oral argument , and otherwise
AMERICAN DREDGING COMPANY 717.
participated in the -hearing. At this hearing the I. U. O. E. also
submitted a brief in support of its contentions in the proceedings.
Upon the entire record in the case, the Board makes the, following:
FINDINGS OF FACT
I.'THE BUSINESS OF THE COMPANY
American Dredging Company is a Pennsylvania corporation, with
its principal office at Philadelphia, Pennsylvania. 'It is engaged in
the general dredging business, more particularly in dredging, blast-
ing and clearing the channels of navigable waters, and the basins
and slips in and about harbors. It owns ten dredges, five tugs, two
or three hoisters, otherwise called derrick boats or barges, and related
equipment, which it uses in the conduct of its business. It also
maintains a small shipyard at Camden, New Jersey, where among
other things repairs of its vessels and equipment are carried on.
The Company employs from 70 to 200 persons, depending on the
number of dredges and tugs in operation.
The Company admits, and we find, that if its business were dis-
rupted as a result of a strike or labor dispute, commerce would be
burdened-' aind obstructed.
II. THE ORGANIZATIONS INVOLVED
National Maritime Union is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
deck hands, oilers, wipers, firemen, water tenders, cooks, and mess-
boys of the Company.
International Union of Operating Engineers is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership all employees of the Company working all or part of
their- time on the dredges, tugs, and hoisters of the Company, ex-
cluding the superintendent of the Company. Jurisdiction of this
labor organization over employees of the Company is divided, ap-
parently on a geographic basis, among two of its locals, Local 825,
Interrational,Union of Operating, Engineers, and Local. 542, Inter-
national Union of Operating Engineers. Local 825, I. U. O. E., in -
turn, has divided its jurisdiction between itself and three of its
branches, Branch Local 825-A, 825-B, and 825-C, of International
Union of Operating Engineers.
Marine Engineers Beneficial Association, Local No. 13, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership engineers and assistant engineers of the
Company.
'718 DECISIONS ' OF `NATIONAL = LABOR ' RELATIONS BOARD
III: THE QUESTION 'CONOERNINO 'REPRESENTATION
In: May 1940 the N..\M: U. -and the, 1. U:',O•.!E .began• orgariiza-
tional activity among employees of the Company and enrolled em-
ployees in their respective organizations. Thereafter, the N. M. U.
requested the Company to recognize and otherwise bargain collec-
tively with it as ' thel statutory representative ' of employees of the
Company. The I. U. O. E. made no such request. Because the
N. M. U. claimed to represent employees whom the f., U. O.' E. also
was organizing, the Company refused the request of the N. M.• U.
pending a determination by the Board of the status of that _ labor
organization as statutory representative.
At the hearing there was introduced in evidence a report by the
Regional Director, showing that a -substantial number of,-employees
within the unit hereinafter found to be, appropriate had designated
the N. M. ' U. as, their collective- bargaining, agency.' A representa-
tive of the I. U. O. E. testified that 135 employees of the Company
in every job classification has signed certain cards designating the
I. U. O. E. as collective bargaining representative. ' These cards were
available at the hearing for inspection by the Trial Examiner. No
comparison was made at the hearing or elsewhere of the names on
these cards with the names of persons employed by the Company,
because of the refusal of the Company to-furnish the Board or the
parties, or to introduce in evidence, a list of the names of the em-
ployees in, all work classifications, •or "otherwise to• make' available
to' the Board and the parties for such purpose the relevant • employ-
ment record S.4 Under these circumstances, we presume,=and we find,
that the I. U. O. E. has been designated as collective, bar-gaining rep-
resentat ve'by a substantial •number-of -the'empl`oyees `within the unit
hereinafter found to be appropriate for collective' bargaining pur-
poses and within the unit which the I. U!,011 E. contends; as' stated
below, is appropriate. ' The M. E.'B+.' A,. has been designated 'as col-
lective bargaining representative by 13 engineers' employed - by the
Company.
3 The Regional Director reported that the names of 58 persons 'who had signed cards
designating the N. M. IT. as their collective bargaining representative ' appeared on the
September 14, "payroll" of the Company This "payroll" listed the names of 104 persons,
one-third of whom were employees of the Company who had been laid off prior to September
14 but would probably be recalled to work when work became available , and the remainder
of whom were employees then at work . The "payroll" did not distinguish ' between em-
ployees who were then at work and those who had been laid off Even if the number of
those persons who signed the N M . U cards included all the laid -off employees , approxi-
mately 34 in number , the N M U. nevertheless represented a'substantial number of the
employees at work, viz ., 24 of the 70 working employees
4 Contrary to the repeated statements of its counsel at the- hearings=Before the Board,
the Company refused to accoid the Boaid and its agents the cooperation to' which' it was
entitled and which , had it been given , would have expedited and facilitated the determina-
tion in these proceedings
AMERICAN; DREDGING, COMPANY 719
We find that, a question has arisen concerning the representation
of employees of the Company.
IV.,THE, EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which- has
arisen, occlirring.in connection with th:, operations of the `Company
described in Section I above, has a close, intimate, and-substantial
relation to trade, traffic;' arid commerce among the several States and
between 41 re 'States,, and-foreign. countries, and tends to lead to labor
disputes burdening' and= obstruc>;iirg-,commerce 'and" the free flow of
commerce:
V. THE APPROPRIATE UNIT
At ,the timerof the -further., hearing, and theretofore, the dredging
work, engaged in by 'the Company was being performed principally'
at and • in the vicinity of Philadelphia; Pennsylvania., 'The' other
work, in which, it was, engaged 'was, carried on -at Norfolk, 'Virginia-.
In connection, with, the work, at and in the vicinity :of Philadelphia;
the Company,, -utilized and - operated, five; dredges;" "three - tugs; and ' i
two hoistersi together with related' equipment., At -Norfolk the' Com-
pany had in operation the dredge Pennsylvania with , its supporting-'
craft., ; For, reasons, set forth- below • we find it unnecessary- to con- i,
sider the work, performed, or persons employed, -by the Company 'at
Norfolk.:
Employees on therdredges,-exeeptrthe dredge ?Pennsylvania. "Two
of the five, dredges,-operating at and in the'vicinity'of Philadelphia
are hydraulic, dredges, that is, boats-carrying -dredging. 'machinery
which by means, of a suction principle of functioning, pumps, moves
and, removes sludge and, dirt from -the channel F and. harbor or from
a sludge-laden ,scow to the shore' 'through pipes connected' with the
shore. The remaining -three - dredges are; dipper_;dredges,'.at times
called bucket.di-edges,-that -is, boats carrying-machinery which digs
dirt, and,sludge:-by means of- w bucket-and •unloads'.it on scows, or
elsewhere for : removal, purposes. "None- of the ' dredges' is self-pro-
pelling.,, All contain- board and lodging facilities`for'the employees
who regularly work,, aboard, them.
The Company employs 'aboard' these ,dredges,rtwith variations de-
pendent,upon the;character• of the,particular dredge,,andr of, the work'
being performed, employees-rated as captains,-mates,, engineers,
5 The, names,,of these -dredges, are Delaware II, New Jersey, President, Admiral, and
Republic The`dtedkes Columbia, Commodore, and Pacific were, tied up and-not in opera-%
tion at such time
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and assistant engineers, deck hands, oilers,- wipers, firemen, water"
tenders, cooks and messboys It also employs from time to time
on these dredges for repair and certain maintenance purposes, ma-
chinists, welders and burners, and blacksmiths; and, for repair and
maintenance of the pipe lines on the shore, it employs certain pipe-
line men.
The captains of the dredges, both hydraulic and, dipper, have
complete charge of and general supervision over all work performed
aboard the dredges by the persons there employed, including oilers,
wipers,, firemen, and water tenders, They have the right to hire
and discharge these- employees. The mates, at times called dipper
tenders or levermen, aboard these vessels are in charge of the deck
hands and supervise and direct their work. The captains of the
dipper dredges, in addition to their supervisory duties, perform 'work
as engineers. They operate the swing and movement of the boom,
and the levers which elevate the bow spuds. In this work they
receive the cooperation of the mates, who operate the dipper.
Whether, the captains and mates on the hydraulic dredges perform
work in addition to exercising supervisory functions is not shown,
but in view, of our determination below such fact is immaterial.
The engineers and assistant engineers on board the hydraulic
dredges have charge of operations- in the engine room which on
these vessels is located below the main deck." They supervise and
direct the work of the oilers, wipers, firemen, and- water tenders.
Unlike the engineers on the dipper dredges who, as stated' above,
are the captains, neither the engineers nor the assistant engineers
on the hydraulic dredges act as captains. On occasion, assistant
engineers; known also as operators and by other names, are employed
aboard the dipper dredges. The number of assistant engineers, viz.,
first, second, and third assistant engineers, at work on the hydraulic
or dipper dredges varies with the size of the dredge and number
of shifts. Among other things these employees act in the stead
of and during the absence of the engineers or captains.
The' deck hands, oilers, wipers, firemen, and water tenders, aboard
the dredges, are either 'unskilled or semi-skilled workers. Their
work to some, extent overlaps, depending on time and occasion.
Their primary duties as well ' as'compensation, however; are deter-
mined and indicated by their respective ratings. ' The group paints
and cleans the dredges,,oils and greases machinery, assists in repairs
of machinery and other tasks, and perform general maintenance
work. On the hydraulic dredges the deck hands care and tend the
e On the dipper dredges there is no engine room , and the engines are on the deck.
. AMERICAN. DREDGING COMPANY 721
pipe lines. The cooks prepare and the messboys serve food to
persons employed aboard the dredges.7
The machinists, welders and burners, and blacksmiths are skilled
workers. They board the dredges to make repairs whenever repairs
are necessary. They are stationed at the Company's yard in Camden,
and return to' the yard when their work aboard a dredge is com-
pleted. Unlike the unskilled or semi-skilled deck hands, oilers,
wipers, firemen, and water tenders, who are laid off by the Com-
pany from time to time when their dredges are tied up, the ma-
chinists, welders and burners, and blacksmiths work the year around.
As stated above the deck hands on the hydraulic.dredge maintain
the pipe lines , from the dredge side. The Company also employs
certain shore pipe-line men who maintain the pipe lines from the
shore side. The shore pipeline men do not go aboard the dredges
and perform their work only on the shore.
Employees on the tugs. The three tugs operating at and in the
vicinity of Philadelphia are either steam or diesel driven. They
tow the dredges and hoisters, as well as the scows which are used,
to and from their various destinations. Aboard the tugs are em-
ployed captains, mates, engineers, assistant engineers, deck hands,
oilers, firemen, wipers, and cooks. The authority and duties of
these employees are indicated by their respective designations. The
captains, mates, engineers and assistant engineers are all supervisors,
and as such direct and supervise the deck hands, oilers, firemen, and
wipers. The captains have the right to hire and discharge all
employees on,the tugs.
Employees on the holsters. Employees aboard the two hoisters
are yard employees selected for work from the regular employees
in the Company's yard at Camden. When the hoisters cease opera-
tions, these employees return to the yard. The hoisters have no
facilities for board and lodging, and the employees who work on
them do not lodge there. One of the hoisters supplies coal to the
dredges; the other hoists piles, sheathing and various heavy materials,
and performs other operations.
The N. M. U. alleges that the deck hands, oilers, wipers, firemen,
water tenders, cooks, and messboys employed by the Company on its
dredges and tugs, the customary operations of which are confined to
Philadelphia' and its vicinity, constitute a unit appropriate for col-
lective bargaining. As defined by the N. M. U. at the hearing, the
dredges and tugs to which reference was made, are the five dredges
above 'mentioned operating at and in the vicinity of Philadelphia,
7 A daily charge of $1 per person is made by the Company of the captains , mates, engi-
neers, assistant engineers , deck hands, oilers, . iiipers, firemen , and water ' tenders for food
and lodging aboard the dredges.
722 DECISIONS OF NATIONAL LABOR' RELATIONS BOARD
viz., the dredges Delaware II, Neiv'Jersey. President, Admiral, and,
Republic, and their three supporting tugs. The N. M. U. would have
excluded from the unit the captains, mates, engineers , and assistant
engineers aboard these dredges and 'tugs; the machinists, welders and
burners, and blacksmiths who' perform- repairs and like work from
time to time on the dredges and tugs, the shore pipe-line mein, and
the standby crew from the yard who work on the huisters. The
N. Al. U. also, would exclude all employees aboard the dredge Penn-'
sylvania and its sulporting craft. 'The I: U. 0. 'E. contends that all
employees' of the Company' working all or part' of their time on its
dred'ges; tugs;Fand hoisters; excluding • tlie'superiritendent,' constitute
an appropriate unite and, hence, would include in the unit all em-
ployees whom the N. M. U. would exclude. The M. E. B. A. takes
the position that the engineers and assistant engineers of the Com-
pany should not be included with the other employees in any unit
which the ' Board 'finds to be appropriate: The Company takes no
position with respect'to the matter 'of the appropriate unit.
We' are • of then opinion -that the deck liands,' oilers; vipers, firemen,
-water, tenders, cooks, and messboys employed by the Company on its
dredges and tugs, the customary operations of which are confined to
Philadelphia and vicinity, specifically, the dredges Delaware II, `New
Jersey, President, Admiral,' and Republic, and their three supporting
tugs, . constitute a unit appropriate for the purposes of collective
bargaining. These, employees compose all the employees of tlie' Coin-_'
pang at and, in the vicinity of Philadelphia who have no supervisory
authority over other employees, whose work is performed on board'
the dredges and tugs directly' in connection with the operations 'of
these boats, who eat and sleep on board, and whose duration. of service
is fixed by the period of operations of the' particular dredge or tug on
which they are employed.
The I. U. 0. E. urges in its brief that the business of the Company
should be considered as construction work rather than as marine
transportation, that, in consequence, analogies from decisions,of the
Board involving marine transportation are not'helpful, and that the
interrelationship' of work functions of the employees in the unit which
it claims as appropriate 'demonstrates the propriety of amore inclu-
sive bargaining unit. We 'do not find it necessary to consider the
business of the Company here involved as analogous either to con-
struction work or to marine trafisportatiori, although the entire situa-
tion, in our -opinion more closely 'approximates that involved in ma- -
8 All parties agree that employees aboard the Company's dredge Camden and its'support• _"
Ing tug leased on a bare-boat charternto ' another Company ;"aie not w'ifhi% ' theumt'heie'
to be determined The remaining . three dredges are, as heretofore set forth ; 'presently
tied up
AMERICAN DREDGING COMPANY 723
rile transportation. The captains, mates, engineers, and assistant
engineers on the dredges and tugs .are supervisory employees. As
above found', they direct and- supervise the work of the deck hands,
oilers, wipers, firemen, water tenders, cooks, and messboys. The
captains have authority to hire and discharge these employees. We
generally exclude supervisory employees from a unit which includes
and is substantially composed of non-supervisory employees. The
identification of such supervisory employees with the employer or
management requires that the exclusion be made, even though it also
appears, as- here, that the supervisory employees 'themselves' engage
ilr'mariual or other work distinct from supervision. While in certain
cases we have included in a unit of non-supervisory employees; fore-
men or other minor supervisors who themselves ' may perform, work,
ode--have not done so where a labor organization engaged' in' organiz-
ing such non-supervisory employees and claiming to represent' a- ma-
jority or. substantial number of them in a unit otherwise appropriate,
opposes such inclusion.9 Moreover, the differences of skill and training
required of the captains, mates, engineers, and assistant engineers,-on
the one hand, and of the deck hands, oilers, wipers, firemen, water
tenders, cooks, and•messboys on the other, in the performance of their
respective work establishes a sufficient diversity in employee interest
between the two groups as to require their not being included in the
same unit where the one group is being organized on that basis.
As indicated above the machinists, welders and burners, and black-
smiths who perform repairs and like services from time to time aboard
the` dredges are not regular members of the dredging crews, but are
yard employees who are stationed at and who work in the Com-
pany's yard at -Camden. The employees on the hoisters likewise do
not constitute a regular hoister crew stationed aboard the hoisters,
but are, for the most part yard employees who operate the hoisters
from time to time only when operations of the hoisters are needed.
They d'o not eat or sleep on the hoisters. Because of th'e necessary
and substantial differences in the' working conditions of the.eniployees
regularly stationed off shore on the dredges and tugs, and the working
conditions of those employees who are stationed on shore in the Cam-
den yar `biit occasionally perform services or work on the dredges
and tugs or hoisters, we find that there is lacking such mutuality of
employee interest between, the two groups. of employees as would ,
justify their being included in one unit. 'We find tliat these machin-
ists. Wi=elders and burners, and blacksmiths, and the employees who '
' Cf Matter ' of Kingsley Ltnnber C,ompany", and Lumber, and'Sai mill tork'era, Local No.
5879, United Brotherhood of Carpenters and Joiners of Ame,ica, af filiated with the-Ameri-
can Federation of Labor, 13,N: L• R B. 1.7.4.,
413597-42-vol. 28-47
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work on the hoisters, are not within the appropriate unit. For
similar. reasons, ,the shore pipe-line men are not within the unit.
As already stated the dredge Pennsylvania and its supporting, craft
are presently operating at Norfolk, Virginia, some 225 miles from
Philadelphia. They are- performing work in connection with the
National Defense Program and in pursuance of a contract between
the United States and the Company. The Company anticipates
that this work will continue for a substantial period of time. Except
for certain "keymen" previously employed at Philadelphia, the em-
ployees on this dredge and supporting craft were hired at Norfolk for
the operations there being performed. In view of the substantial dis-
tance between the working situs of the employees at Norfolk and the
working situs of employees on the other operating dredges and tugs
of the Company, and because the employees at Norfolk, with the
exceptions stated, are not employees of the Company who previously
worked at and in the vicinity of Philadelphia, we find that there does
not exist a sufficient community of - interest and understanding to
warrant our including the employees presently on the Pennsylvania
and supporting craft in the appropriate unit.
We find that the deck hands, oilers, wipers, firemen, water tenders,
cooks, and messboys employed by the Company on its dredges and
tugs, the customary operations of which are confined to Philadelphia
and vicinity, specifically the dredges Delaware II,,New Jersey, Presi-
dent, Admiral, and Republic, and their three supporting tugs, exclud-
ing employees on the dredge Pennsylvania and its supporting eraft,11
and also excluding the superintendent; captains, mates, engineers
and assistant engineers on said dredges and tugs, the machinists,
welders and burners; and blacksmiths who work from time to time
on said dredges and tugs, the shore pipe-line men, and the employees
who work on the hoisters, constitute a unit appropriate for collec-
tive bargaining, and that said unit will insure to employees of the
Company the full benefit of their-right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best b'e,resolved by an election by secret ballot. Employees
within the' appropriate unit will have an opportunity to select'either
the', N. M. U. 'or the J.' U. O. E. as their statutory representative.
The' election ' which we shall' direct ' shall be' conducted on or before _
-December 28, 1940, under the direction and. supervision of the Regional
10 See footnote 8, supra, with respect to the other dredges'snd tug:l
AMERICAN DREDGING, COMPANY 725
Director, who shall determine in his discretion the exact time, place,
and procedure for posting notices of election and for balloting.
Following our usual practice we shall use as the date for determin-
ing eligibility of employees to vote the pay-roll period next pre-
ceding the date of this Direction of Election, subject to such limita-
tions and additions as are set forth in the Direction. In view of our
finding as to the appropriate unit, and the request of the M. E. B. A.
made at the hearing, we shall omit the M. E. B. A. from the ballot.
The I. U. O. E. is hereby given leave to have its name withdrawn
from the ballot by filing a written application to that, effect with the
Regional Director on or before December 24, 1940.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of American Dredging Company, Philadel-
phia, Pennsylvania, within the meaning of Section 9 (c) and See-,
tion 2 (6) and (7) of the Act. ,
2. The deck hands, oilers, wipers, firemen, water tenders, cooks,
and messboys employed by the Company on its dredges and tugs,
the customary operations of which are confined to Philadelphia and
vicinity, specifically, the dredges.Delaware II, New Jersey, President,
Admiral, and Republic, and' their three supporting tugs, excluding
employees on the dredge `Pennsylvania and its supporting craft, and_
also excluding the superintendent, captains, mates, engineers, and
assistant engineers on said dredges and tugs, the machinists, welders
and burners, and blacksniitlis who work from time to time on said
dredges and tugs, the shore pipe-line men, and the employees who
work on the -hoisters, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Section
8, of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargain-
ing with American Dredging Company, Philadelphia, Pennsylvania,
an election by secret ballot shall be conducted on or before December
726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
28, 1940,-in conformity with the rules set forth hereinabove for the
conduct of such election, under the direction and supervision of the
Regional Director for the Fourth 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, among the deck hands,
oilers, wipers, firemen, water tenders, cooks, and messboys, employed
by the Company on its dredges and tugs, the customary operations
of which are confined to Philadelphia and vicinity, specifically the
dredges Delaware II, New Jersey, -President, Admiral, and Republic
and their three supporting tugs, who were employed during the pay-
roll period next preceding the date of this Direction of Election,
including employees who did not work 'during said pay-roll period
because they were ill or on vacation and who were then or have
since been temporarily laid off, but excluding employees who have
since quit or been discharged for cause, and also excluding employees
on the dredge Pennsylvania and its supporting craft," and excluding
the superintendent, captains, mates, engineers and assistant engineers•
on said dredges and tugs first above mentioned, the machinists, welders
and burners, and blacksmiths who work from time to time on said
dredges and tugs, the shore pipe-line men, and the employees who
work on the hoisters, to determine whether they desire to be repre-
sented by National Maritime Union, affiliated with the Congress of
Industrial Organizations, or by International Union of Operating
Engineers, affiliated with the American Federation of Labor, for
purposes of collective bargaining, or by neither. _
" See footnote 8, supra. -