Inter-Ocean Steamship Co.

National Labor Relations Board - Board Decisions

Dec 11, 1953

107 N.L.R.B. 330 (N.L.R.B. 1953)

330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
INTER-OCEAN STEAMSHIP CO. (TOMLINSON FLEET) and
UNITED STEELWORKERS OF AMERICA, LOCAL 5000,
CIO, Petitioner . Case No. 8-RC - 2052. December 11, 1953
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Bernard Ness,
hearing officer . The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby
affirmed. i
Upon the entire record in this case , 2 the Board finds:
1. The Employer is engaged in commerce within the
meaning of the Act.
2. The labor organization involved claims to represent
certain employees of the Employer.
3. No question affecting commerce exists concerning the
representation of employees of the Employer within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the
Act, for the following reasons:
The Petitioner seeks a unit limited to the unlicensed
personnel on the steamship James E. Davidson owned by Inter-
Ocean Steamship Co. Although the Employer agrees with the
composition of the unit, it contends that, as to scope, the unit
is inappropriate and only a unit including eight other vessels
in the Tomlinson Fleet is appropriate.
The Tomlinson Fleet is composed of 9 vessels, of which 6,
including the James E. Davidson, are eachownedby a separate
corporation and the remaining 3 are owned by a seventh
corporation .3 Apparently, there is no common controlling
stock interest. However, all the officers, a majority of the
directors , and 40 percent of the stockholders are common to
all the companies . Also, all the vessels are engaged in similar
functions , namely, transporting commodities in bulk, such as
iron ore, coal, and grain, on the Great Lakes and their
connecting and tributary waters.
All the companies have offices at the same address, the
entrance bearing only the Fleet name, and they have common
office employees . The companies maintain a common bank
account in the Fleet name, out of which all expenses are paid.
The telephone is listed only in the Fleet name; the letterhead
bears the Fleet name, with the individual companies listed in
small print on the side ; letters are signed in the Fleet name;
1 The Employer's motion to dismiss on the ground that the unit sought by the Petitioner is
inappropriate was reserved for ruling by the Board. For the reasons stated in section 3,
infra , the motion is hereby granted
2 The Employer's request for oral argument is denied because in our opinion the record,
including the Employer's brief, adequately presents the issues and the positions of the parties.
3 The corporations each owning 1 ship are: Inter-Ocean Steamship Co , Consolidated
Steamship Company, Continental Steamship Company, Triton Steamship Company, Sumatra
Steamship Company, and Duluth Steamship Company. The remaining corporation, which owns
3 ships, is Globe Steamship Corporation
107 NLRB No. 92
INTER-OCEAN STEAMSHIP CO. (TOMLINSON FLEET) 331
and notices and announcements sent to the vessels by the
office are in the Fleet name.
Separate records and payrolls are maintained for each
company and separate financial statements are prepared.
Individual company names are also listed on reports sent to
Internal Revenue showing the employees ' annual wages. How-
ever , the records for all the companies are kept at the same
office.4
Contracts for hauling are negotiated by the common presi-
dent and signed in the Fleet name. Six of the companies have
joint rights and obligations under the contracts .5 The com-
panies have a common assistant manager or dispatcher who
arranges loads , names the steamer to carry loads , and tends
to loading and unloadings . He has full authority to dispatch
any vessel to fulfill a contract and that vessel is credited for
the load carried.
The captain or chief engineer of each ship can buy supplies
and equipment for his ship , signing the requisition with the
boat ' s name and his title , and such purchases can be made
without approval of the home office if the item is not large.
However , the common marine superintendent passes on bills,
expenses , and requisitions of large items . Equipment is
transferred between ships , with appropriate charges made
on the books . Marine insurance is bought on a fleet basis and
a common rate prevails. All the vessels are painted the
same and bear the same markings.
There has been no bargaining history with respect to any of
the Fleet employees . The officers on all vessels of the same
class receive the same wages and the unlicensed personnel
on all vessels, regardless of class , are paid the same for
like positions. All personnel receive the same bonus, vaca-
tion plan , and payment of fares . The wages and bonuses are
fixed by company officers and the particular worker's right
to such benefits is determined by the marine superintendent.
The marine superintendent is responsible for the repair
and maintenance of vessels and for employment generally.
He hires, discharges, promotes, ' demotes, and assigns all
licensed personnel . Although unlicensed personnel are hired
and discharged by the individual ship officers , such action is
subject to the supervision of the marine superintendent who
may revoke a discharge and effect a transfer. Employees
are paid at the individual ships by the master , but if a check
is requested , it bears the Fleet name . Grievances are handled
initially by the individual ship officers with a right of appeal
to the marine superintendent.
There is a total of 265 or 270 unlicensed personnel in the
Fleet and about 28 in the requested unit. Transfers in general
4Risatti, vice president and secretary of the companies , testified that separate companies
were developed at least in part for tax purposes.
5 Sumatra Steamship Company, which owns the steamship Sumatra , generally has separate
contracts because , unlike the others , this vessel is a "self unloader."
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
are arranged by the marine superintendent . During the years
1952 and 1953 , 24 persons ( licensed and unlicensed) were
transferred between vessels and 6 of these persons worked
on the James E. Davidson . For bonus and vacation purposes,
service on all vessels is counted, if such service is con-
tinuous.
The foregoing circumstances , including the unified deter-
mination and control of labor policies, the integrated opera-
tions, the common employment conditions, and the transfer
of ship personnel and equipment clearly establish that the
seven companies which comprise the Tomlinson Fleet are a
single employer within the meaning of Section 2 ( 2) of the
Act. These circumstances further demonstrate , in our opinion,
that a unit confined to one ship of the Fleet, as requested by
the Petitioner , is too limited in scope and that only a Fleet-
wide unit is appropriate.
As the Petitioner has neither requested , nor made an
adequate showing of interest in, the more comprehensive
unit, we shall dismiss the present petition.
[The Board dismissed the petition.]
NORTHWEST POULTRY AND DAIRY PRODUCTS COMPANY
and CHRISTIAN STRICKWERDA
EGG AND POULTRY WORKERS LOCAL NO. 231, AND
SHIRLEY W. BARKER, ITS AGENT and CHRISTIAN
STRICKWERDA. Cases Nos . 36-CA-353 and 36-CB-75.
December 15, 1953
DECISION AND ORDER
On June 30 , 1953, Trial Examiner Martin S. Bennett issued
his Intermediate Report in the above-entitled proceeding,
finding that the Respondents had not engaged in and are not
engaging in certain unfair labor practices and recommended
that the complaint be dismissed , as set forth in the copy of
the Intermediate Report attached hereto. Thereafter, the
General Counsel filed exceptions to the Intermediate Report
and a supporting brief , and each of the Respondents filed a
reply brief in support of the Intermediate Report.
The Board has reviewed the rulings made by the Trial
Examiner at the hearing and finds that no prejudicial error
was committed. The rulings are hereby affirmed. The Board
has considered the Intermediate Report, the exceptions and
briefs, and the entire record in the case, and hereby adopts
the findings , conclusions , and recommendations of the Trial
Examiner.
[The Board dismissed the complaint.]
107 NLRB No. 94.