Hillman Transportation Co.

National Labor Relations Board - Board Decisions

Jan 31, 1941

29 N.L.R.B. 332 (N.L.R.B. 1941)

In the Matter Of HILLMAN TRANSPORTATION COMPANY and NATIONAL
MARITIME UNION OF AMERICA, INLAND BOATMEN'S DIVISION,
AFFILIATED WITH C. I. O.
Case No. R-224,5.-Decided January 31, 1941
Jurisdiction : water transportation industry.
Investigation and, Certification of, Representatives : existence of question : re-
fusal to accord recognition to union; election necessary.
Unit Appropriate for Collective Bargaining : all unlicensed personnel, including
mates and watchmen, employed on company-owned boats, excluding captains,
pilots, and engineers ; no controversy as to.
Thorp, Bostwick, Reed and Armstrong, by Mr. Donald W. Ebbert
of Pittsburgh, Pa., for the company.
Mr. William L. Standard, by Mr. Max Lustig, of New York City,
for the N. M. U.
Mr. Harold Weston, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September '24, 1940, National Maritime Union, Inland Boat-
men's Division, affiliated with the Congress of Industrial Organiza-
tions, herein called the N. M. U., filed with the Regional Director for
the Sixth Region (Pittsburgh, Pennsylvania) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Hillman Transportation Company, Pittsburgh,
Pennsylvania, herein called the Company, and requesting an investi-,
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On November 1, 1940, 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 Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
29 N. L R. B., No 62
332
HILLMAN TRANSPORTATION COMPANY 333
On December 14 and December 20, 1940, respectively, the Regional
Director issued a notice of hearing and a notice of postponement of
hearing, copies of which were duly served upon the Company and the
N. M. U. Pursuant to notice, a hearing was held on January 6, 1941,
at Pittsburgh, Pennsylvania, before Henry Shore, the Trial Examiner
duly designated by the Board. The Company and the N. M. U. were
represented by counsel and participated in the hearing. Full oppor-
tunity 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 several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial, errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hillman Transportation Company, a Pennsylvania corporation, a
wholly owned subsidiary of Hillman Coal and Coke Company, is
engaged in the operation of various vessels 1 carrying freight and
passengers between Pennsylvania and West Virginia.2
During the 12-month period from October 1, 1939, to October 1,
1940, the Company carried approximately 3,000,000 tons of materials,
of which about 17 per cent were shipped from points outside the Com-
monwealth of Pennsylvania to points within the Commonwealth of
Pennsylvania; from points within the Commonwealth of Pennsyl-
vania to points outside the Commonwealth of Pennsylvania; or from
points without the Commonwealth of Pennsylvania to points in a
State other than the Commonwealth of Pennsylvania and- other than
the State of its origin. The Company employs approximately 140
persons.
The Company concedes, for the purpose of this hearing, that it is
subject to the jurisdiction of the Board within the meaning of
the Act.
1 At the time of the hearing, the Company operated, and apparently owned, four vessels,
namely : J. H. Hidhnan, Henry Roemer, A. B Sheets, and Joe Carter.
2 Company vessels ply the Monongahela River between Morgantown, West Virginia, and
Pittsburgh, Pennsylvania, and the Ohio River between Pittsburgh and Weirton, West Vir-
ginia. They also travel along the Allegheny River between Templeton, Pennsylvania, and
Pittsburgh
334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
If. THE ORGANIZATION INVOLVED
National Maritime Union, Inland Boatmen's Division , is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize or to bargain with the N. M. U.
until it is duly certified by the Board. At the hearing there was
introduced in evidence a report of the Regional Director which shows
that the N. M. U.3 represents a substantial number of the employees
in the unit which it alleges to be appropriate.
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, occurring 'in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The N. M. U. contends that an appropriate bargaining unit con-
sists of all unlicensed personnel, including mates and watchmen on
company-owned boats, excluding captains, pilots, and engineers.
The Company raises no objection to the unit proposed by the N. M. U.
We find that all unlicensed personnel, including mates and watch-
men, employed on company-owned boats, excluding captains, pilots,
and engineers, constitute a unit appropriate for the purposes of col-
lective bargaining and that' said unit will insure to the 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.4
3 The ,unit sought by the N M U is composed of approximately 54 employees The
N M. U submitted to the Regional Director 40 membership application cards, 32 of which
were signed by persons whose names were on the Company's September 30, 1949, pay roll,
and whose duties brought them within the scope of the proposed unit.
4 See Matter of The Vesta Coal Company and National Maritime Union, Inland Boat-
men's Dsvision, affiliated with the C. 1. 0, 27 N. L R B 696,
HILLMAN TRANSPORTATION COMPANY 335
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by the- holding of an election by secret
ballot. We shall direct that such an election be held.
The Company and the N. M. U. agreed that the Company's pay
roll for the period next preceding the date of the election shall be the
basis for determining eligibility to participate in the election. We
shall direct that all employees in the appropriate unit whose names
appear on the Company 's pay roll for the period next preceding the
date of the election, including employees who did not work during
such pay-roll period because they were ill or on vacation , but exclud-
ing those who have since quit or been discharged for cause, shall be
eligible to vote.
Upon the 'basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION'S OF LAw
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Hillman Transportation Company, Pitts-
burgh, Pennsylvania , within the meaning of Section 9 (c) and
Section 2 ( 6) and (7) of the National Labor Relations Act.
2. All unlicensed personnel , including mates and watchmen, em-
ployed on company-owned boats, excluding captains, pilots, and
engineers , constitute a unit appropriate for the purposes of collec-
tive bargaining, within the ineaning 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 Rela-
tions 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Hillman Transportation Company, Pittsburgh, Pennsylvania,
an election by secret ballot shall be conducted as soon as convenient
and beginning as promptly as is practicable after the date of this
Direction, under the direction and supervision of the Regional Direc-,
for for the Sixth Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section
336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9, of said Rules and- Regulations, among all unlicensed personnel,
including mates and watchmen, employed on company-owned boats,
whose names appear on the Company's pay roll for the period,next
preceding the date of the election, including those who did not work
during'such pay-roll period because they were ill or on vacation, but
excluding captains, pilots, and engineers, and employees who have
since quit or been- discharged for cause, to determine whether or not
they desire to be represented by National Maritime Union, Inland
Boatmen's Division; affiliated with the C. I. 0., for the purposes of
collective bargaining.
CHAIRMAN HARRY A. Mmms took no part iri the consideration of
the above Decision and Direction of Election.