Brown and Co.

National Labor Relations Board - Board Decisions

Nov 15, 1944

59 N.L.R.B. 285 (N.L.R.B. 1944)

In the Matter of BROWN AND COMPANY, BROWN STEAMSHIP COMPANY,
AND SHASTA STEAMSHIP COMPANY, INC. and NATIONAL MARITIME
UNION OF AMERICA, C. I. O.
Case No. 3-R--895.-Decided November 15, 1944
Richards and Coffey by Mr. Laurence; E. Coffey, of Buffalo, N. Y.,
for the Companies.
Messrs. William, L. Standard and Herman Rosenfeld, of New York
City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by National Maritime Union of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Brown and Company, Brown Steamship Company, and Shasta Steam-
ship Company, Inc., Buffalo, New York, herein called the Companies,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Peter J. Crotty, Trial Examiner. Said
hearing was held at Buffalo, New York, on November 3, 1944. The
Companies and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. - All parties were afforded opportunity to file
briefs with the Board. The Companies' request that the petition be
dismissed is denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Brown Steamship Company is a New York corporation with its
principal place of business at Buffalo, New York. It owns the steam-
59 N. L . R. *B., No. 59. .
285
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ers "J. J. H. Brown" and "James M. McAlpine" which are bulk lake
freighters engaged in transporting iron ore, coal, grain, and lime-
stone between various ports on all of the Great Lakes.
Shasta Steamship Company, Inc., is a New York corporation with
its principal place of business at Buffalo, New York. It owns the
steamship "Shasta" which is a bulk lake freighter engaged in trans-
porting iron ore, grain, and limestone between various ports on all of
the Great Lakes.
Brown and Company is a New York corporation with its principal
place of business at Buffalo, New York. It operates the three afore-
mentioned bulk lake freighters as agent for Brown Steamship Com-
pany and Shasta Steamship Company, Inc. Brown and Company
negotiates contracts for the other two companies and hires personnel
for them.
We find that the Companies are engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
National Maritime Union of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Companies refuse to recognize the Union as the exclusive col-
lective bargaining representative of their unlicensed personnel until
such time as the Union is certified by the Board.
Statements of a Field Examiner of the Board, introduced into
evidence at the hearing, indicate that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all unlicensed personnel of the Companies
constitute an appropriate bargaining unit. The Companies contend
that Brown and Company is not an employer of any persons involved
herein and, therefore, should not be joined in any unit finding. In
addition, the Companies would exclude the stewards from the unit.
As stated hereinabove, Brown and Company is vessel agent for
1 The Field Examiner reported that the Union submitted 48 membership application cards
bearing the names of persons who appear on the October 15, 1944, pay roll of the Com-
panies. There are approximately 71 employees in the appropriate unit. -
BROWN AND COMPANY 287
the other two employers, negotiates contracts for each of them, and
hires personnel for the freighters involved. The Companies main-
tain a common office at Buffalo, New York, and each of them has
the same president. We conclude that the employees involved herein
are also employees- of Brown and Company because of the controls
exercised over them by it.
Unlicensed personnel in the maritime industry is divided into three
general divisions, the deck department, engine department, and
steward's department. On small freighters, such as here involved,
the steward's department consists of a steward, a second cook, and
two or three porters. The steward is in charge of the employees in
his department, handles the procurement of such employees when
it is necessary to hire them, and makes recommendations relative to
their tenure and discharge. His principal duty on a freighter is to
prepare all meals for the crew. He also has charge of the purchasing
of food, galley supplies, and linens. It is true that stewards exercise
substantial supervisory authority within the meaning of the Board's
usual definition. Nevertheless, for the reasons stated in Matter of
Midland Steamship Line, Ine.,2•wherein we considered the same issue,
we shall include the stewards in the appropriate unit.
We find that all unlicensed personnel of the Companies, including
stewards, constitute a single unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Act.
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V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTION
By virtue of . and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Brown and
Company, Brown Steamship Company, and Shasta Steamship Com-
pany, Inc., Buffalo, New York, an election by secret ballot shall be
53 N. L . R B. -727 ; see also Matter of Cleveland Cliffs Iron Company ( Marine Depart-
ment ), 58 N. L. R. B 708.
618683-45-vol. 59-20
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Third Region, acting in this matter
as--,agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls; but ex-
cluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by National
Maritime Union of America, C. I. 0., for the purposes of collective
bargaining.
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