J. A. Bisso

National Labor Relations Board - Board Decisions

Jan 9, 1947

71 N.L.R.B. 1441 (N.L.R.B. 1947)

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.