Carteret Towing Co., Inc.

National Labor Relations Board - Board Decisions

Feb 9, 1962

135 N.L.R.B. 975 (N.L.R.B. 1962)

CARTERET TOWING COMPANY, INC.
APPENDIX B
NOTICE To ALL EMPLOYEES Or GUILD INDUSTRIES
MANUFACTURING CORP.
975
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, I hereby notify you that:
I WILL NOT interrogate employees of Guild Industries Manu-
facturing Corp., regarding their union membership or activities
in a manner constituting interference, restraint, or coercion within
the meaning of Section 8 (a) (1) of the Act.
I WILL NOT in any like or related manner interfere with, restrain,
or coerce employees of Guild Industries Manufacturing Corp. in
the exercise of the right to self-organization, to form or assist
labor organizations, to join or assist any labor organization, to
bargain collectively through representatives of their own choos-
ing, and to engage in concerted activities for the purpose of collec-
tive bargaining or other mutual aid or protection as guaranteed in
Section 7 of the Act, and to refrain from any and all such
activities.
PAUL A. SAAD,
Respondent.
Attorney for Guild Industries Manufacturing Corp.
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional
Office (Boss Building, 112 East Cass Street, Tampa, Florida; Tele-
phone Number 223-4623) if they have any question concerning this
notice or compliance With its provisions.
Carteret Towing Company , Inc. and Inland Boatmen 's Union of
Seafarers International Union of North America, Atlantic,
Gulf, Lakes & Inland Waters , AFL-CIO. Case No. 11-CA-1806.
February 9, 1962
DECISION AND ORDER
Upon charges duly filed by Inland Boatmen's Union of Seafarers
International Union of North America, Atlantic, Gulf, Lakes & In-
land Waters, AFL-CIO, herein called the Union, the General Counsel
of the National Labor Relations Board, herein called the Board, by
the Regional Director for the Eleventh Region, issued a complaint
dated September 11, 1961, against Carteret Towing Company, Inc.,
135 NLRB No. 101.
976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the Respondent, alleging that Respondent had engaged
in and was engaging in unfair labor practices within the meaning of
Section 8(a) (1) and (5) and Section 2(6) and (7) of the National
Labor Relations Act, as amended. Copies of the charge, complaint,
and notice of hearing before a Trial Examiner were duly served upon
the Respondent and the Charging Party.
On November 6, 1961, all parties to this proceeding entered into a
"Stipulated Record in Lieu of Hearing" wherein they waived a hear-
ing before a Trial Examiner and the issuance of an Intermediate Re-
port and Recommended Order, agreeing to submit the case directly to
the Board for its findings of fact, conclusions of law, and order. By
order of the Board dated November 17, 1961, the parties' stipulation
was approved by the Board and made part of the record herein, and
this proceeding was transferred to the Board. Thereafter, the Union
filed a brief with the Board.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Leedom, Fanning, and
Brown].
The Board has considered the parties' stipulation, the brief, and the
entire record in the case, and hereby makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Respondent is a North Carolina corporation having its sole place
of business at Morehead City, North Carolina, where it operates two
tugboats in and around the harbor. During the past 12 months, which
period is representative of all times material herein, the Respondent
received $40,000 from the U.S. Navy under a contract providing for
the assistance of its ships in entering and leaving the harbor at More-
head City. During the same period, Respondent received $150,000 for
navigation services furnished by its tugs to large commercial ocean-
going vessels entering and leaving the harbor, said vessels being en-
gaged in the transportation of passengers and freight to and from
United States ports and foreign ports whose owners annually receive
in excess of $100,000 in revenues from its transportation business.
On the basis of these stipulated facts, we reject the Respondent's
contention that the Board is without jurisdiction over its business.
For, by virtue of its services for the U.S. Navy, Respondent exerts a
substantial impact on national defense. Also, Respondent functions
as a link in the transportation of passengers and freight in interstate
commerce and commerce between the United States and foreign na-
tions for which service it receives in excess of $50,000 per year, and it
provides services valued in excess of $50,000 annually to private com-
CARTERET TOWING COMPANY, INC. 977
panies over whom the Board would assert jurisdiction. In the circum-
stances, we find that the nature and volume of Respondent's business
satisfies the Board's applicable jurisdictional standards 1 and, as in the'
recent representation proceeding to which the Respondent and, the
Union were parties,' we conclude that the Respondent is engaged in
commerce within the meaning of the Act and that it will effectuate the
policies of the Act to assert jurisdiction over its operations.
II. THE LABOR ORGANIZATION INVOLVED
Respondent admits, and we find, that the Union is a labor organiza-
tion within the meaning of Section 2 (5) of the Act.
III. THE UNFAIR LABOR PRACTICES
Pursuant to' a Decision and Direction of Election dated June -6,
1961,3 an election by secret ballot was conducted on June 22, 1961,
under the direction and supervision of the Regional Director for the
Eleventh Region, among the employees in the unit found appropri-
ate.4 Following the election, the Regional Director served upon the
parties a tally of ballots which showed that of approximately five
eligible voters, five cast ballots for the Union, and there was one chal-
lenged ballot. On June 30, 1961, the Regional Director for the
Eleventh Region, on behalf of the Board, issued a certification to the
Union as the collective-bargaining agent for the employees of Re-
spondent in the unit found appropriate.
By letter dated July 3, 1961, and on later occasions, the Union
requested a meeting with Respondent for the purpose of negotiating
a collective-bargaining agreement. Respondent has consistently re-
fused, and continues to refuse, to bargain with the Union. The com-
plaint herein alleges that the Respondent has thereby violated Section
8(a) (1) and (5) of the Act.
As set forth in the stipulation of the parties, the reason Respondent
has refused to bargain with the Union is its "conviction that the
Board does not have jurisdiction over the Respondent." However,
we have rejected this jurisdictional claim, which is Respondent's sole
defense in this case. In view thereof, we conclude that the Respond-
ent by refusing to bargain with the Union as the certified representa-
tive of its employees in an appropriate unit, has committed unfair
labor practices within the meaning of Section 8 (a) (1) and (5) of the
Act, as alleged in the complaint.
1 Ready Mixed Concrete & Materials, Inc., 122 NLRB 318; H P 0 Service, Inc., 122
NLRB 394.
2 Case No. 11-RC-1413 ( not published in NLRB volumes).
3 Case No. 11-RC-1413, supra.
4 The unit found appropriate consists of all employees employed on vessels of the
Respondent in and about Morehead City, North Carolina, excluding office clerical em-
ployees, professional employees, guards, watchmen, and supervisors as defined in the Act.
634449-62-vol. 13 5-6 3
11
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1V. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, above,
occurring in connection with its operations described in section I,
above, have a close, intimate, and substantial relation to trade, traffic,
commerce, and transportation among the several States and between
the United States and foreign nations and tend to lead to labor dis-
putes burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that the Respondent has engaged in unfair labor
practices within the meaning of Section 8 (a) (1) and (5) of the Act,
we shall order that it cease and desist therefrom and, upon request,
bargain collectively with the Union as the exclusive representative of
all employees in the appropriate unit, and, if an understanding is
reached, embody such understanding in a signed agreement.
CONCLUSIONS OF LAW
1. Inland Boatmen's Union of Seafarers International Union of
North America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO,
is a labor organization as defined in Section 2(5) of the Act.
° 2. All employees employed on vessels of the Respondent in and
about Morehead City, North Carolina, excluding office clerical em-
ployees, professional employees, guards, watchmen, and supervisors
as defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9(b) of the Act.
3. The'above-named labor organization was, on June 30, 1961, and
at all times thereafter, the exclusive representative of all employees
in the aforesaid appropriate unit for purposes of collective bargain-
ing within the meaning of Section 9 (a) of the Act.
4. By refusing, on and since July 3, 1961, to bargain collectively
with the above-named labor organization as the exclusive representa-
tive of its employees in the aforesaid appropriate.unit, the Respond-
ent has engaged in and is engaging in unfair labor practices within
the meaning of Section 8 (a) (1) and (5) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2(6) and (7) of
the Act.
ORDER
Upon the entire record in this case, and pursuant to Section 10(c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the Respondent, Carteret Towing Company,
Inc., Morehead City, North Carolina, its officers, agents, successors,
and assigns, shall:
CARTERET TOWING COMPANY, INC. 979
1. Cease and desist ' from :
(a) Refusing to bargain collectively concerning rates of pay, wages,
hours, and other terms and conditions of employment, with Inland
Boatmen's Union of the Seafarers International Union of North
America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO, as the
exclusive representative of all its employees in the following appropri-
ate unit : All employees employed on vessels of the Respondent in
and about Morehead City, North Carolina, excluding office clerical
employees, professional employees, guards, watchmen, and super-
visors as defined in the Act.
(b) In any like or related manner interfering with the efforts of
Inland Boatmen's Union of the Seafarers International Union of
North America, Atlantic, Gulf, Lakes & Inland Waters; AFL-CIO,
on behalf of such employees.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain collectively with the above-named labor
organization as the exclusive representative of all employees in the
appropriate unit with respect to rates of pay, wages, hours, and other
terms and conditions of employment and, if an understanding is
reached, embody such understanding in a signed agreement.. .. .
(b) Post at its principal place of business on shore, and on its tug-
boats, copies of the notice attached hereto marked "Appendix." 5
Copies of said notice, to be furnished by the Regional Director for
the Eleventh Region, shall, after being duly signed by the Respond-
ent's authorized representative, be posted by the Respondent immedi-
ately upon receipt thereof, in conspicuous places, including all places
"where notices to employees are customarily posted, and maintained by
it for at least 60 consecutive days thereafter. Reasonable steps shall
be taken by the Respondent to insure that said notices are not altered,
defaced, or covered by any other material.
(c) Notify the Regional Director for the Eleventh Region, in writ-
ing, within 10 days from the date of this Order, what steps the Re-
spondent has taken to comply herewith.
B In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order."
'APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the' National Labor Relations
Board, and in order to effectuate the policies- of the National Labor
Relations Act, as amended, we hereby notify our. employees that:'
WE WILL :NOT refuse to bargain collectively with Inland Boat-
men's Union of the Seafarers International •'TJnion' of ' North
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO, as
the exclusive representative of the employees in the bargaining
unit described below.
WE WILL, upon request, bargain with Inland Boatmen's Union
of the Seafarers International Union of North America, Atlantic,
Gulf, Lakes & Inland Waters, AFL-CIO, as the exclusive repre-
sentative of all the employees in the bargaining unit described
below with respect to rates of pay, wages, hours of employment,
and other conditions of employment, and, if an understanding is
reached, embody such an understanding in a signed agreement.
WE WILL NOT in any like or related manner interfere with the
efforts of Inland Boatmen's Union of the Seafarers International
Union of North America, Atlantic, Gulf, Lakes & Inland Waters,
AFL-CIO, on behalf of such employees.
The bargaining unit is : All employees employed on vessels of
the Respondent in and about Morehead City, North Carolina,
excluding office clerical employees, professional employees,
guards, watchmen, and supervisors as defined in the Act.
CARTERET TOWING COMPANY, INC.,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional
Office, 1831 Nissen Building, 310 West Fourth Street, Winston-Salem,
North Carolina, Telephone Number, Park 4-8356, if they have any
question concerning this notice or compliance with its provisions.
Radio Corporation of America and Local Union 11 , International
Brotherhood of Electrical Workers, AFL-CIO. Case No. 21-
CA-4194. February 13, 1962
DECISION AND ORDER
On March 21, 1961, Trial Examiner David F. Doyle issued his
Intermediate Report in the above-entitled proceeding, finding that
Respondent had not engaged in the unfair labor practices alleged in
the complaint, and recommending that the complaint be dismissed in
its entirety, as set forth in the Intermediate Report attached hereto.
Thereafter, the General Counsel filed exceptions to the Intermediate
Report and a supporting brief.
The Board has reviewed the rulings made by the Trial Examiner at
the hearing and finds that no prejudicial error was committed. The
135 NLRB No. 100.