J. A. BissoDownload PDFNational Labor Relations Board - Board DecisionsJan 9, 194771 N.L.R.B. 1441 (N.L.R.B. 1947) Copy Citation In the Matter of J. A. Bisso, RECEIVER FOR NEW ORLEANS COAL & Bisso TOWBOAT COMPANY, EMPLOYER and MARINE ENGINEERS BENEFICIAL ASSOCIATION, No. 12, CIO, PETITIONER In the Matter of J. A. Bisso, RECEIVER FOR NEW ORLEANS COAL & Bisso TOWBOAT COMPANY, EMPLOYER and NATIONAL MARITIME UNION, CIO, PETITIONER Cases Nos. 15-R-1848 and 15-R-1873, respectively.-Decided January 9, 1947 Shields cC Graham, by Mr. G. H. Shields, of New Orleans, La., Phelps, Dunbar, Marks cQ Claverie, by Mr. L. B. Claverie, of New Orleans, La., and Mr. W. A. Bisso, of New Orleans, La., for the Employer. Mr. C. M. Andrews, of New Orleans, La., for the MEBA. Messrs. R. A. Sessun and Robert Martin, of New Orleans, La., for the NMU. Messrs. Joseph H. Lecke and Leroy Clarke, of New Orleans, La., for the SIU. Mr. Henry V. de Iiozvm,ian, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon petitions duly filed, a consolidated hearing in these cases was held at New Orleans, Louisiana, on September 27, 1946, before Thomas E. Adair, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following:: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER J. A. Bisso, Receiver for New Orleans Coal &•Bisso Towboat Com- pany, is engaged in the towboat business in the harbor at New Orleans, Louisiana, where the Employer's tugboats tow ships engaged in inter- 71 N. L. R B, No 233. 1441 1442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD state commerce. The Employer also does some salvage and dredging work. In addition, the Employer annually sells approximately 30,000 tons of coal, which originates in the State of Alabama, to seagoing ships in the harbor at New Orleans, Louisiana. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Marine Engineers Beneficial Association, No. 12, herein called the MEBA, is a labor organization affiliated with the Congress of In- dustrial Organizations, claiming to represent employees of the Employer. National Maritime Union, herein called the NMU, is a labor or- ganization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Seafarers International Union of North America, herein called the SIU, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTIONS CONCERNING REPRESENTATION The Employer refuses to recognize the MEBA or the NMU as the exclusive bargaining representative of its employees until either union has been certified by the Board in an appropriate unit. We find that questions affecting commerce have arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNITS The Employer employs unlicensed employees, licensed marine en- gineers, and licensed masters and pilots. The M + BA seeks to rep- resent only the licensed marine engineers, afloat, in a separate unit. The NMU seeks to represent only the unlicensed employees, afloat, in a separate unit. But the SIU seeks to represent all licensed and unlicensed employees in one unit. The Employer urges that the licensed employees should not be included in the same unit as the un- licensed personnel, taking no position on the separation of licensed marine engineers from the remaining licensed employees. We have repeatedly held that licensed and unlicensed employees in the maritime industry should not be included in the same unit, inas- much as licensed employees in that industry custonmarily possess super- visory authority.' Since the Employer's licensed employees do possess 1J1atte) of Lake Tankers Corpotatcon . 64 N L R B 281, Natter of Standard Oil Company of Califoonba, 62 N L R B 1244 NEW ORLEANS COAL & BISSO TOWBOAT COMPANY 1443 such authority, we shall establish the Employer's unlicensed em- ployees, afloat, in a separate unit, and exclude all licensed employees from that unit.' We have likewise held that the different duties performed by licensed marine engineers on the one hand, and licensed deck officers on the other, warrant their separation.3 Accordingly, we shall place the Employer's licensed marine engineers, afloat, in one unit, and its re- maining licensed employees, afloat, in another.' We find that all the Employer's unlicensed employees, afloat, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. We also find that all the Employer's licensed marine engineers, afloat, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. We further find that all the Employer's remaining licensed em- ployees, afloat, excluding licensed marine engineers, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with J. A. Bisso, Receiver for New Or- leans Coal and Bisso Towboat Company, New Orleans, Louisiana, sep- arate elections by secret ballots shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the appropriate units set forth below, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who 2 Although the SIU claims that it has established a bargaining history with the Employer predicated upon a unit consisting of both licensed and unlicensed personnel by virtue of an agreement dated October 5, 1945, no bargaining was ever conducted under this contract Moreover , the agreement merely provided for exclusive recognition of the SIU and a closed shop ( See Matter of Corn Products Refining Company , 52 N. L. R. B. 1234). In these circumstances we are convinced that there has been no compelling bargaining history based upon an all -inclusive unit. The contract has not been raised as a bar to an im- mediate direction of elections 3 Matter of Standard Oil Company of California , 67 N. L R. B. 506 ; Matter of Nicholson Transit Company , 65 N. L. R B 418. 4 It does not appear that the Employer ' s remaining licensed employees include any radio operators or other categories of employees who might require a separate unit apart from masters , mates and pilots 1444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 elections, to determine with respect to : (1) All the Employer's unlicensed employees, afloat, whether they desire to be represented by National Maritime Union, CIO, or by Sea- farers International Union of North America, AFL, for the purposes of collective bargaining, or by neither ; (2) All the Employer's licensed marine engineers, afloat, whether they desire to be represented by Marine Engineers Beneficial Associa- tion, No. 12, CIO, or by Seafarers International Union of North Amer- ica, AFL, for the purposes of collective bargaining, or by neither; and (3) All the Employer's remaining licensed employees, afloat, ex- cluding licensed marine engineers, whether or not they desire to be represented by Seafarers International Union of North America, AFL, for the purposes of collective bargaining. AIR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Elections. Copy with citationCopy as parenthetical citation