Central Barge Co.

National Labor Relations Board - Board Decisions

Nov 29, 1945

64 N.L.R.B. 1059 (N.L.R.B. 1945)

In the Matter Of CENTRAL BARGE COMPANY and NATIONAL MARINE
ENGINEERS' Br xE.PICIAL ASSOCIATION, LOCAL No. 6, C. I. O.
Case _ 1o. 13-R 3081.--Decided November 29, 1945
Mr. Robert SkIninan, of Chicago, Ill., for the Company.
Mr. James L. Scott, of St. Louis, Mo., for the M. E. B. A.
Mr. Joseph P. Clark, of St. Louis, Mo., for the F. & O.
_11r. Joseph D.111anders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by National Marine Engineers' Beneficial
Association, Local No. 6, C. I. 0., herein called the M. E. B. A., alleg-
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees of Central Barge Company, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Leon A.
Rosell, Trial Examiner. The hearing was held at Chicago, Illinois,
on August 8, 1945. The Company, the M. E. B. A., and International
Brotherhood of Firemen and Oilers, Local No. 6, A. F. L., herein called
the F. & 0., appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examiner'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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Central Barge Company, a Delaware corporation, with its principal
office in Chicago, Illinois, is engaged in the transportation of commodi-
ties by barge on the Mississippi River system. The Company operates
12 river towboats, handling a fleet of approximately 110 barges.
64 N. L. R. B., No. 173. 1059
1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local offices are also maintained at Minneapolis , Minnesota ; St. Louis,
Missouri ; Cincinnati , Ohio; and South Pittsburg , Tennessee. The
chief ports of call are Chicago, Joliet, Havana, and Alton, Illinois;
Minneapolis , Minnesota ; New Orleans , Louisiana ; Cincinnati, Ohio;
Sheffield, Alabama ; Charleston , West Virginia; and South Pittsburg,
Tennessee . The commodities transported by the Company are prin-
cipally coal , oil, and grain . During the calendar year of 1943, the
Company handled approximately 4,000,000 tons of such commodities,
valued in excess of $10,000,000.
The Company admits that its operations affect commerce within the
meaning of the National Labor Relations Act, and we so find.
IT. THE ORGANIZATIONS INVOLVED
National Marine Engineers' Beneficial Association, Local No. 6,
is a labor organization, affiliated with the Congress,of Industrial
Organizations, admitting to membership employees of the Company.
International Brotherhood of Firemen, Oilers, Maintenance Men
and Helpers, Local No. 6, is a labor organization, affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the M. E. B. A.
as the exclusive bargaining representative of certain of its employees
until the M. E. B. A. has been certified by the Board in an appropriate
unit.
On May 20, 1942, the Company and the F. & O. entered into a col-
lective bargaining agreement, covering the licensed and unlicensed
engineers on the Company's Diesel boats? The contract, supplemented
by five amendments, provides that it shall remain in effect for the dura-
tion of the war plus 60 days thereafter. At the hearing, the F. & O:
urged the contract as a bar to an immediate determination of represent-
atives. We note that the contract is of indefinite duration; as such, it
does not constitute a bar to a determination of representatives after
the end of the first contract year.2 Accordingly, we find that the May
1942 contract, as amended, does not operate as a bar to the present
proceeding.
1In the same contract, the Company recognized the F Sc 0 and the National Organiza-
tion of Masters, Mates & Pilots as joint representatives for employees of the Company's
vessels working in the deck departments and engine departments, respectively. See Matter
of Central Barge Company, 61 N. L. R. B. 784. The three engineers an the Company's
ste.unboat, represented by M E. B A, were not covered by the contract.
S See Matter of The Globe Shipbuilding Company, 57 N L. R B 1104; Matter of Central
Barge Conipan . 4npia
CENTRAL BARGE COMPANY 1061
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the M. E. B. A. represents a substantial number of
employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV THE APPROPRIATE UNIT
The parties agree that all chief engineers and assistant engineers,
licensed and unlicensed, and all licensed junior engineers, employed
on board all vessels owned or operated by the Company, excluding
the port engineers and all other employees of the Company, constitute
an appropriate unit.
The Company operates 1 steamboat and 11 Diesel boats on the
Mississippi River system, and employs 29 engineers on its 12 boats.
All of the engineers on the steamboat, consisting of the chief en-
gineer, assistant engineer, and junior engineer, are licensed 4 Ten of
the 26 engineers on the Diesel boats, namely 6 chief engineers and 4
assistant engineers, are licensed; the remaining 16, namely, 8 chief
engineers and 8 assistant engineers, are unlicensed.' The chief en-
gineers are responsible to the Company for the maintenance and op-
eration of the mechanical equipment aboard the boats. The assistant
engineers aid the chief engineers in the performance of these duties.
An assistant engineer also relieves a chief engineer on various watches
and during the latter's vacation period. The licensed junior engineer
on the steamboat substitutes for the assistant engineer, devoting ap-
proximately 50 percent of his worktime to the performance of the
latter's duties and functions.
These engineers, licensed and unlicensed, are officers and possess the
authority to hire and discharge firemen, wipers and oilers, who are
the subordinate personnel in the Company's engine room.a They are
employed for a 40-clay work period and receive a 10-day vacation
period immediately thereafter. The Company differentiates between
'The Field Examiner reported that the M E B. A submitted 11 cards , bearing the
names of ' 9 employees , listed on the Company's pay roll of June 15 , 1945 , and that the
cards are dated October , November , 1944 ; March, April , May 1945 . One card was undated.
There are approximately 27 employees in the appropriate unit.
The F & 0 relies upon its curient contract as evidence of its interest.
4 The United States Navigation Laws require engineers who operate steamboats on
navigable streams to obtain licenses.
5 An engineer who operates it Diesel boat on navigable streams is not required by law
to obtain a license
0 The firemen , oilers and wipers are now part of a unit composed of all of the Com-
pany 's deck hands , cooks, niece boys and unlicensed junior engineers . See Matter of-
Central Barge Company, sapre , Supplemental Decision , May 7, 1945 , and Second Supple-
mental Decision , June 27 , 1945 , the unlicensed junior engineers , who are neither officers,
nor supervisory employees, are no longer in the employ of the Company.
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
licensed and unlicensed engineers only insofar as it pays licensed
engineers a 10-percent differential in wages over those paid to un-
licensed engineers?
Since 1942, the Compaiiy and the F. & O. have bargained on the
basis of a unit consisting of both licensed and unlicensed engineers
on the Diesel boats. However, the licensed engineers on the steam-
boat, comprising a seperate unit, have always been bargained for by
the M. E. B. A. Now, the M. E. B. A., with whom the Company and
the F. & O. are in agreement, contends that the appropriate unit
should consist of all the engineers on both the steamboat and Diesel
boats. We are persuaded that the parties' agreement should not be
overridden by the Board. All of the engineers, licensed and un-
licensed, are officers and have similar hours, vacations, working con-
ditions, and supervisory authority. They are closely allied and have
a community of interests. The scope of the proposed unit corre-
sponds to that of the recently established unit of crew members.8 We
are, therefore, of the opinion that the engineers involved herein
comprise an identifiable and homogeneous group, appropriate for
collective bargaining purposes.9 Accordingly, we find that all chief
engineers and assistant engineers, licensed and ui%licensed, and all
licensed junior engineers, employed on board the steamboat and Diesel
boats owned or operated by the Company, excluding the port en-
gineers and all other employees of the Company, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
7 The Company desires all its engineers on Diesel boats to be licensed in order that it
may quallC.N do, more favotaide insurance coverage and reduced prenlinins This fact is
the basis for its wage policy.
8 See Matter of Central Barge Connpannj, supra.
° We have frequently held, and in N L R B v Delannm e-Brie Jersey Ferry Co, 128
F (2d) 130 (C C A 3), the United States Circuit Count of Appeals for the Third Circuit.
likewise held, that so-called "licensed" personnel should be segregated from "unlicensed"
personnel in maritime bargaining units. See Matter of Inte,national Mercantile Marine
Company, et at, 1 N. L R B 384, Matter of Steanae, Service Company, 58 N. L R. B.
632 ; Matter of Lake Tankers Corpoiatson, 64 N L . R B. 281 , Matter of Central Barge
Company, supra, of Matter of Cure Line, Inc. 2 N L R P. 309 The principle under-
lying those deuslons is not violated by our finding hen;, foa the line of demarcation be-
tween officers, (e g supernsory employees) and crew is preserved In a case such as this,
involving Diesel-powered i m er boats on which the officers are not necessarily licensed,
unlike eases involving Great Lakes or off-shore vessels or river steamboats, the term
'"licensed' is not literally descriptive of the supervisory officer group, but is often used,
for historical reasons as a s}mbol of designation for them See Matter of Drava Cor-
poration, 39 N L R B 846, 851 ; Matter of John I Hay, et at , 40 N L R B 1022, 1028
CENTRAL BARGE COMPANY 1063
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 Central Barge
Company, Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of
the Regional Director for the Thirteenth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
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
excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented
by National Marine Engineers' Beneficial Association, Local No. 6,
C. I. 0., or by International Brotherhood of Firemen, Oilers, Main-
tenance Men and Helpers, Local No. 6, A. F. L., for the purposes
of collective bargaining, or by neither.
0.