Italia Societa per Azioni di Navigazione

National Labor Relations Board - Board Decisions

Aug 21, 1957

118 N.L.R.B. 1113 (N.L.R.B. 1957)

ITALIA SOCIETA PER AZIONI DI NAVIGAZIONE 1113
For the foregoing reasons, we find that the engineering assistants
and technical trainees working in buildings 1706 KE and 1706 KER,
100-K Area, in the Employer's Hanford Works, are not included in
the unit of which the Council is the certified collective-bargaining
representative.'
8 The foregoing is not to be taken as a new certification.
Italia Societa per Azioni di Navigazione 1 and Steamship Office
Workers Union, Local 1809, International Longshoremen's
Association, Independent , Petitioner. Case No. £-RC-8849.
August 21, 1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before H. E. Knowlton, 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Murdock and Jenkins].
Upon the entire record in this case, 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.2
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer corporation, known in this country as the Italian
Line, is engaged in the-transportation of passengers and cargo between
the United States and various European ports. The Petitioner is
seeking to represent the office clerical employees at the Employer's
State Street office in New York and at pier 84 in the North River.
The parties disagree as to - the managerial or supervisory status of
certain employees.
The Employer's New York City operations are functionally divided
into such departments as purchasing, accounting, passenger, freight,
advertising, and claims. It also operates an office at pier 84 with
1 The name of the Employer appears as amended at the hearing.
a We find no merit in 'the Employer's contention that the Petitioner is not a proper
bargaining agent because . it is dominated by the parent union which represents longshore.
men, We find that the Petitioner is a labor organization within the meaning of the Act
seeking to represent separately the Employer's office clerical employees for purposes of
collective bargaining.
118 NLRB No. 168.
1114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a staff of five employees which is designated the marine department.
The Employer contends that the people managing such departments
are in most instances merely senior clerks coordinating the work of
the department. The Petitioner contends that they are supervisors
responsibly directing the departments' employees.
Of the 129 office employees at State Street and pier 84, the Employer
urges that there are but five supervisors, namely, General Manager
Bonfanti, Assistant General Manager Pernigotti, Comptroller Fava,
Passenger Traffic Department Manager Cucchi, and Traffic and Oper-
ations Manager Winter.' The Petitioner urges that there are approxi-
mately 27 other employees who should be excluded as supervisors.
However, the Petitioner failed to produce any evidence showing
whether or not 10 of these 27 were supervisors. The record merely
contains the Employer's exhibit giving their job descriptions which
indicate that they are not supervisors. We shall, therefore, regard
the following employees as being the only ones in dispute.
Assistant comptroller: Cipollina, the assistant comptroller, works
with Fava, the head of the accounting department, who concededly
is a supervisor. There are 22 or 23 employees in the department to
whom Cipollina assigns work and overtime. Together with Fava,
he receives and goes over all mail coming into the department,
approves refunds, and grants time off. He would report any person
persistently making mistakes. Unlike the other workers, he does
not have to sign in or out and his salary is approximately $250 per
month more than the highest paid employee in the department. His
duties indicate that he responsibly directs the employees under him
and that he is a supervisor within the meaning of the Act. We shall,
accordingly, exclude him from the unit hereinafter found appropriate.
Manager of the purchasing department: DaPelo is manager of the
purchasing department. All instructions to the clerks in the depart-
ment come from DaPelo who. also, requests .the clerks to work overtime
when necessary. DaPelo receives the suppliers' bids and determines
which one is to get the order. He is responsible for the quality of the
goods purchased. He does not have to sign in or out as do the
employees in the department and receives a salary approximately $150
per month more than that of the next highest paid worker. DaPelo
exercises discretion in performing his duties and is exclusively respon-
sible for the proper accomplishment of the work of the purchasing
department. On these facts we find he is a supervisor within the
meaning of the Act and shall exclude him from the unit.
Marine superintendent: Gulinelli, who is the Employer's marine
superintendent, heads the force at pier 84. He is responsible for the
8In its brief , the Employer concedes that winter is a supervisor . At the hearing, the
Employer stipulated to the exclusion of Assistant Comptroller Cipollina but, in its brief,
withdrew this concession of his supervisory status.
ITALIA SOCIETA PER AZIONI DI NAVIGAZIONE 1115
loading and unloading of the Employer's ships, ordering the crews
of longshoremen, and the tugs. The four other workers at the pier
office report to him and receive instructions from him. He does not
sign in or out and his wages are approximately $150 per month more
than the next highest paid worker at the pier, his assistant. He has
sole control of the pier operations. We find that he is a supervisor
within the meaning of the Act and shall exclude him. However, we
find, contrary to the Petitioner's contention, that his assistant, Longo,
exercises supervisory powers only sporadically when Gulinelli is not
present on the pier. Accordingly, we include him in the unit, as he is
not a supervisor.
Manager of the claims department: Pinolini heads the claims de-
partment which consists of approximately six employees. His job
description states that he receives, examines, and starts proper pro-
cedures on all claims presented to the Employer, proposes to man-
agement the proper action to be taken on such claims, and "supervises
the work of personnel in his department." He instructs and directs
the employees under him and must endorse all recommendations they
prepare. He is the person notified when an employee in the depart-
ment is absent or late and he would report any habitual lateness or
absenteeism. He attends meetings of the department heads, does not
sign in or out, and receives a salary approximately $400 per month
more than that of the next highest paid worker in the department. We
find him to be a supervisor within the meaning of the Act and shall
exclude him.
Manager of the freight department: Keiller, the manager of the
freight department, testified that he has eight employees under his
supervision to whom he assigns work and overtime and issues instruc-
tions and for whose work he is responsible. He attends the meetings
of the department heads and is not required to sign in or out. He may
personally reprimand or criticize employees. Moreover, the record
shows that he has interviewed applicants for jobs in his department
and has rejected an applicant without first consulting his superior.
We find that Keiller is a supervisor and exclude him from the unit.
Manager of passenger reservations and managers of the first, cabin,
and tourist class departments: Zuccone is manager of the passenger
reservation department. According to his job description, Zuccone
"coordinates and supervises" the work of the booking clerks of the
three classes of all ships. There are 30 or more employees in the de-
partment. He may occasionally attend meetings of the department
heads and he is not required to sign in or out. Zuccone is responsible
for the proper booking of all passengers on the Employer's ships and,
consequently, for the performance of all the booking clerks. He moves
from class to class and clerk to clerk checking on the status of the
various ships' bookings. He is consulted when a problem arises and
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
must exercise discretion in equitably arranging accommodations. We
find him to be a supervisor within the meaning of the Act and shall
exclude him. In addition to Zuccone, there are three subdepartment
managers-the manager of the first class department, Bertolotti;
manager of the cabin class department, Serposs; and manager of the
tourist class department, Garbarino. These managers approve can-
cellations, refunds, and transfers. They are consulted and their
orders are followed on all but the routine booking matters. They
assign overtime and grant time off and are considered by the employees
in their departments as the "boss" on the job. Under these circum-
stances, we find them to be supervisors within the meaning of the Act
and shall exclude them. Mandracchia is the assistant manager of the
tourist class department. He helps to coordinate the work of the book-
ing clerks handling the Employer's ships Saturnia and Vulcania and
substitutes for Garbarino in his absence. It appears from the record
that Mandracchia acts only as a senior clerk in handling the bookings
of the Saturnia and Vulcania and that he substitutes only sporadically
for Garbarino. Accordingly, we find he is not a supervisor and in-
clude him in the unit. Furthermore, we find, contrary to the Pe-
titioner's contention, that Reiser, the chief of passenger sales, has no
supervision over the work of other personnel and that he is not a
supervisor within the meaning of the Act. Accordingly, we include
him in the unit.
Manager of the prepaid department: Cherubini is manager of the
prepaid department. The employees working under him consult him
on any matter involving the exercise of discretion and he approves
all refunds. When necessary, it is he who requests employees to work
overtime and it is he to whom the department's employees report any
absence. With regard to his salary, he makes approximately $180
per month more than the highest paid employee under him. On these
facts, we find he is a supervisor and exclude him.
Manager of advertising and public relations : Gigante, who handles
the Employers' advertising and public relations, directs the employees
in this department. He is regularly consulted for advice and sugges-
tions, and he is responsible for the quality of the work turned out. He
would report a poor worker to the general manager. Gigante attends
the meetings of the department heads and is not required to sign in
or out. His salary is approximately $300 more per month than that
of the highest paid employee under him, Rollo, the assistant manager.
Accordingly, we find Gigante to be a supervisor and exclude him.
Contrary to the Petitioner's contention, we find that any supervisory
workthat Rollo may perform is only sporadic in nature. Accordingly,
we find that he is not a supervisor within the meaning of the Act and
therefore include him in the unit.
McALLISTER'S DAIRY FARMS, INC . 1117
Secretary and assistant to the general manager: The general man-
ager's secretary, Columbin, and the general manager's assistant, Fer-
rari, perform routine clerical and secretarial services. The Petitioner
contends that they are confidential employees but adduced no evidence
that so indicates. We, therefore, include them in the unit.
The Petitioner also contends that all employees working under
commercial treaty visas should be excluded from the unit and amended
its petition at the-hearing to exclude such employees. As it appears
that such visas are renewed when their terms expire and as these
employees will be with the New York City office indefinitely, we find
merit in the Employer's contention that such employees should be
included in the unit. The eligibility of aliens to vote in Board elec-
tions is well established 4 and we include those who are not supervisors.
in the unit.
Upon the basis of the entire record, we find the following unit appro-
priate for the purposes of collective bargaining within the meaning-
of Section 9 (b) of the Act :
All office clerical employees at the Employer's offices at 24 State
Street and at pier 84, North River, in New York, New York, including
those working under commercial treaty visas, but excluding profes-
sional employees, guards, and supervisors 5 within the meaning of
the Act.
[Text of Direction of Election omitted from publication.]
* Brown Company, 109 NLRB 173 ; Morris Seidmon, Goldie Seidmon , Harry Henkin and
Leonard Seidmon d/b/a Southwestern Co., 102 NLRB 1492.
8 As found hereinabove , there are : the general manager, assistant general manager,
comptroller , assistant comptroller , marine superintendent , managers of the passenger traffic,
purchasing , passenger reservation , first class , cabin class , tourist class , prepaid, advertising-
and public relations , freight, claims , and traffic and operations departments.
McAllister's Dairy Farms, Inc. and Teamsters & Butchers Joint
Organizing Committee , AFL-CIO, Petitioner. Case No. 8-RC-
$769. August 01, 1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Henry G. Gieser, 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 Rodgers, Bean, and
Jenkins].
118 NLRB No. 149.