James McWilliams Blue Line, Inc.

National Labor Relations Board - Board Decisions

Jun 15, 1938

7 N.L.R.B. 923 (N.L.R.B. 1938)

In the Matter Of JAMES MCWILLIAMS BLUE LINE, INC. and INLAND,
BOATMEN'S UNION OF THE ATLANTIC AND GULF
Case No. R-749.-Decided June 15, 1938
Water Transportation Industry-Investigation of Representatives : controversy
concerning representation of employees : employer's refusal to grant recognition
of union until question of representation is determined by Board ; expiration
of contract with union other than petitioner-Unit Appropriate for Collective
Bargaining : unlicensed personsiel employed on coal and oil barges ; no controversy
as to-Representatives : proof of choice : comparison of pay-roll list and union
membership and pledge cards-Certification of Representatives : upon proof of"
majority representation.
Mr. Albert Ornstein, for the Board.
Mr. Charles F. Kellers, of New York City, for the Company.
Mr. William, L. Standard, by Mr. Max Lustig, of New York City,,
for the I. B. U.
Mr. Allan Lind, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 31, 1937, and on April 9, 1938, Inland Boatmen's
Union of the Atlantic and Gulf, herein called the I. B. U.,1 filed with
the Regional Director for the Second Region (New York City) a
petition and an amended petition, respectively, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of James McWilliams Blue Line, Inc., New York City,.
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
5, 1938, 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
IIt appears from the evidence presented at the hearing that the petition was filed on,
behalf of Local No. 2 of the I. B. U.
923
924 NATIONAL LABOR RELATIONS BOARD
1, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On April 12, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
I. B. U., upon the Harbor Towboatmen's Union, Locals 933-3 and
,933-1, upon the International Union of Operating Engineers, upon
the National Marine Engineers Beneficial Association, and upon the
United Licensed Officers of U. S. A.
Pursuant to a notice of postponement, a hearing was held on
April 30, 1938, at New York City, before Elliott L. Biskind, the
Trial Examiner duly designated by the Board. The Board and the
I. B. U. were represented by counsel, the Company by its secretary,
Charles F. Kellers. All participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing upon the issues was afforded all parties.
The other unions who had been notified of the hearing did not put
in an appearance at the hearing. During the course of the hearing
the Trial Examiner made several rulings on motions and on objec-
tions 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
James McWilliams Blue Line, Inc. is a New Jersey corporation
with its principal place of business at New York City. It is en-
gaged in the business of transportation of oil, coal, sand, crushed
stone, clay, and scrap iron by tugs and barges. Oil is transported
principally from New York City and New Jersey to Connecticut,
Rhode Island, and Massachusetts; it is also obtained from ocean-
going tankers and transported to these New England States. Coal
originates in Pennsylvania, Virginia, West Virginia, and Kentucky,
and also in Russia. It is transported by the Company from New
Jersey, Connecticut, and ocean-going freighters, to Rhode Island,
Connecticut and Massachusetts. Sand and clay are transported from
New Jersey and New York to Connecticut. Crushed stone is trans-
ported from Connecticut to Rhode Island and Massachusetts. Scrap
iron is transported from Connecticut to New York principally, as
well as from Massachusetts and Rhode Island to New York. These
commodities are transported on the waters of Long Island Sound,
the New York State Barge Canal, East River, Hudson River, and
DECISIONS AND ORDERS 925
I
connecting inland waterways. The Company owns 55, to 60, coal
barges, 4 stake boats, 3 oil ,barges, and several tug boats. At the
time of the hearing it operated about 40 coal barges, 2 oil barges,
and its stake and tug boats. The capacity of the coal barges varies
from 850 to 1,550 tons. The two oil barges have a capacity of
500,000 gallons to 600,000 gallons. On all of its vessels the Company
employs approximately 103 employees, of whom approximately 53
are employed on its coal and oil barges.
II. THE ORGANIZATION INVOLVED
Inland Boatmen's Union of the Atlantic and Gulf is a labor or-
ganization affiliated with the Committee for Industrial Organization,
admitting to its membership all maritime employees working on
crafts sailing on the inland waterways. Local No. 2 of the I. B. U.
admits to its membership all unlicensed seamen who are employed
on unpropelled crafts plying the inland waterways.
III. THE QUESTION CONCERNING REPRESENTATION
Claiming to represent a majority of the unlicensed personnel of
the Company on its coal and oil barges, the I. B. U. sought recog-
nition as the exclusive bargaining representative of such employees.
The Company, however, refused to grant such recognition in the
absence of certification by the Board. The Company stated at the
hearing that the seamen employed on its oil barges were covered
by an agreement with the Harbor Towboatmen's Union, which
claimed to represent a majority of such employees. This contract
,expired, however, on April 30, 1938.
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The I. B. U. seeks a bargaining unit consisting of all the un-
licensed employees of the Company on its coal and oil barges. The
926 NATIONAL LABOR RELATIONS BOARD
work of both the coal and oil barge employees is essentially the same,
as are the conditions and hours of employment . Although the Com-
pany stated that the Harbor Towboatmen 's Union claimed to repre.
sent personnel on its oil barges, it raised no objection to the unit
sought by the I. B. U.
We find that the unlicensed personnel employed on the Company's
coal and oil barges constitute a unit appropriate for the purpose
of collective bargaining and that said unit will insure to 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.
VI. THE DETERMINATION OF REPRESENTATIVES
In support of its claim that Local No. 2 represented a majority of
the employees of the Company on the coal and oil barges, the I. B. U.
brought to the hearing 35 membership cards and 19 pledge cards.
The I. B. U. read into the record, without objection, the names on 31
of the membership cards and the names on 16 pledge cards. The
Company submitted in evidence its pay-roll list as of March and
April 1938. The names of 32 of the 53 employees in the unit con-
sidered appropriate above are among those read into the record
by the I. B. U.
We find that the I. B. U. Local No. 2 has been designated and se-
lected by a majority of the employees in the appropriate unit as
their representative for the purposes of collective bargaining, and we
will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of James McWilliams Blue Line, Inc., New
York City , within the meaning of Section 9 (c) and Section 2 (6)
and (7 ) of the National Labor Relations Act.
2. The unlicensed personnel employed on the Company 's coal and
oil barges constitute a unit appropriate for the purposes of collective
bargaining , within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. The Inland Boatmen's Union of the Atlantic and Gulf, Local
No. 2, is the exclusive representative of all the employees in such a
unit for the purpose of collective bargaining, within the meaning
of Section 9 (a) of the National Labor Relations Act.
DECISIONS AND ORDERS 927
. CERTIFICATION OF REPRESENTATIVES
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, and pursuant to Article.III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED -that Inland Boatmen's Union of the At-
lantic and Gulf, Local No. 2, has been designated and selected by a
majority of the unlicensed personnel employed on the coal and oil
barges of James McWilliams Blue Line, Inc., New York City, as
their representative for the purpose of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Inland
Boatmen's Union of the Atlantic and Gulf, Local No. 2, is the exclu-
sive representative of all such employees for the purpose of collec-
tive bargaining in respect to rates of pay, wages , hours of employ-
ment, and other conditions of employment.