Colle Towing Co., Inc.

National Labor Relations Board - Board Decisions

Aug 26, 1949

85 N.L.R.B. 899 (N.L.R.B. 1949)

In the Matter of COLLE TowING COMPANY, INC.11 EMPLOYER and
MARINE ALLIED W ORKERS, SEAFARERS' INTERNATIONAL UNION, AFL,
PETITIONER
Case No. 15-RC-469.-Decided August 26, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Victor H.
Hess, Jr., hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
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 Reynolds, Murdock, and
Gray].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Sectio4
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of all unlicensed personnel aboard
the Employer's tugboats, including cooks, dockhands, and wipers,
but excluding all licensed personnel and supervisors as defined in the
Act 2 The Employer contends that all its personnel, including cap-
tains, should be included in the unit, and contends further that it
employs no individual in any capacity which would require his exclu-
sion from the unit as a supervisor.
The Employer, which owns and operates 4 Diesel-powered tugboats,
is engaged in the towing of oil barges on the Gulf Intra-Coastal
Waterway from various ports in the States of Texas and Louisiana to
'The Employer 's main office and principal place of business are located at Pascagoula,
Mississippi.
'Although the Petitioner in effect amended its petition at the hearing by adding super-
visors to the category of excluded employees, it did not indicate which individual or classi-
fication should be excluded for that reason.
85 N. L . R. B., No. 155.
857829-50--vol. 85-58 899
900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the port of New Orleans, and between river ports on the Mississippi.
River and its tributaries. The Employer employs approximately 35,
persons in various capacities, the ordinary complement of employees
aboard each vessel being as follows : captain, mate, 2 engineers,3 3 deck-
hands, cook, oiler and pumper. The captain is in complete charge of
the vessel while in operation and is responsible for the satisfactory
completion of the voyage, the maintenance and safety of the vessel,
and the safety of all persons aboard. The mate, sometimes referred
to as a pilot, stands alternate watch with the captain and during his.
watch directs the activities of the vessel subject to the paramount
authority of the captain. The engineers maintain and operate the
vessel's engines, particularly in response to directions from the pilot
house, and also stand alternate watches. The deckhands and the oiler
and pumper work under the direction of the captain. The deckhands
look after the maintenance of the vessel and perform other miscellane-
ous duties. The oiler and pumper is employed in the engine room..
He assists in the loading and discharge of the oil cargo and, when not
thus engaged, does cleaning in the engine room. The cook serves as
cook and in no other capacity. None of the personnel aboard the vessel
are required to be licensed.4
Although the record shows clearly that the captain aboard each ves-
sel exercises supervisory authority, not only in the direction of the
vessel, but in the authority to discharge or recommend effectively the
discharge of personnel, the record does not clearly establish the status.
of mates and engineers. However, it is clear that mates and engineers,.
although unlicensed, perform the same duties as licensed personnel
in similar classifications.-' Such personnel have been regarded both
traditionally and by the Board as officer personnel, and the Board has'
recognized that their interests are substantially different from those
of other employees aboard a vessel.6 Under the circumstances, we are
of the opinion that captains, mates, and engineers should be excluded
from the unit hereinafter found appropriate.?
We find that all unlicensed personnel employed by the Employer on.
its tugboats, excluding captains, mates, and engineers, and all super-
3 Instead of two engineers , a tugboat may carry one engineer and one oiler , or one engi-
neer and two oilers, in which event the second oiler handles the pumps and valves on the-
barge.
4 Apparently there is no statutory requirement for licensed personnel aboard Diesel
powered vessels . Cf. Matter of Wilson Transit Company , et al., SO N. L . R. B. 1476.
6 Matter of Crescent Towing and Salvage Co . Inc., 71 N. L. R. B. 479.
6 Matter of Standard Oil Company of California , 67 N. L. R. B. 506.
7 Matter of Charles Zubick, 74 N. L . R. B. 356.
COLLE TOWING COMPANY, INC. 901
visors 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations, among the employees
in the unit found appropriate in paragraph numbered 44 above, who
were employed during the pay-roll period immediately 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
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees on
strike who are not entitled to reinstatement, to determine whether or
not they desire to be represented, for purposes of collective bargaining,
by Marine Allied Workers, Seafarers' International Union, AFL.