John I. Hay Co.

National Labor Relations Board - Board Decisions

Apr 29, 1942

40 N.L.R.B. 1022 (N.L.R.B. 1942)

In the Matter of JOHN I. HAY Co. and Rrvm BOATMEN 'S UNION
( INDEPENDENT )
In the Matter Of MARINE TRANSIT COMPANY and RIVER BOATMEN'S
UNION (INDEPENDENT)
In the Matter of A. L. MECHLING BARGE LINE and RIVER BOATMEN'S
UNION (INDEPENDENT)
Case No. R-3567 to R-3569, inclusive, respectively.-Decided
April 29, 1942
Jurisdiction : river towboat transportation industry.
Investigation and Certification of Representatives : existence of question • re-
fusal to accord petitioner recognition ; where boat is laid up but may be
returned to service; in which case Company will rehire all of crew available,
employees of the boat not permanently employed elsewhere considered as
employees temporarily laid oft and allowed to vote ; pursuant to agreement
of parties, each relief man who works on towboats, taking the place of an
employee on regular monthly leave, allowed to vote on boat on which he is
working at the time of the election ; relief man not working at time of
election, allowed to vote on boat on which he last worked,; elections neces-
sary, Regional Director to determine exact time, place, and procedure for
giving notice of elections.
Units Appropriate for Collective Bargaining : John I. Hay Co.: separate units
comprising licensed and unlicensed personnel, respectively, on three of Com-
pany's five boats held appropriate notwithstanding contention of one of the
unions involved (which admits to membership only unlicensed personnel)
that all five boats constitute a single unit, where Company had negotiated
only with respect to these three boats and petitioning union had limited its
organization to the boats involved; Jlaritime Transit Company: separate units
comprising licensed and unlicensed personnel, respectively, on Company's tow-
boat; A. L. Mechhng Barge Line: separate units comprising licensed and un-
licensed personnel, respectively, on all of Company's towboats-single-boat
units which would not be as practical as an employer unit held inappropriate,
licensed and unlicensed personnel of the several Companies held to constitute
separate units, notwithstanding contention of petitioning union that the groups
should be combined, where such a separation had been consistently observed
by the Companies in past negotiations. I
Mr.•Walker B. Davis, of Chicago, Ill., for the John I. Hay Co.
Mr. Stewart B. Bradley, of Chicago, Ill., for the Marine Transit
Company.
Mr. A. L. Mechling, of Joliet, Ill., for the A. L. Mechling Barge
Line.
40 N. L. &. B., No. 178.
1022
JOHN I. HAY CIO. ET AL„ 1023
Mr. Arthur Frankel, of Chicago, Ill., for the River Boatmen.
Mr. A. B. Cawley, Mr. Robert A fjleck, and Mr. George Bowman, of
Chicago, Ill., for the Tug Firemen.
Mr. Robert E. Tillman,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On' October 18, 1941, River Boatmen's Union (Independent), herein
called the River Boatmen, filed with the Regional Director for the
Thirteenth Region (Chicago, Illinois) three petitions alleging;. re-
spectively, that a question affecting commerce had arisen concerning
the representation of employees of John I. Hay Co., Chicago, Illinois,
employees,of Marine Transit Company, Chicago, Illinois, and em-
ployees of A. L. Mechling Barge Line, Joliet, Illinois, herein called
the Companies, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On February 11, 1942,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Sections 3 and
10 (c) (2) of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation, authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice, and consolidated the three cases.
On February 13, 1942, the Regional Director issued a consolidated
notice of hearing, copies of whch were duly served upon the Com-
panies and the River Boatmen, and upon Tug Firemen, Linemen, and-
Oilers Protective Association of America, herein called the Tug Fire-
men, a labor organization claiming to represent employees directly
affected by the investigation.' Pursuant to notice, a hearing was held
on February 19, 20, and 23, 1942, at Chicago, Illinois, before Lester
Asher, the Trial Examiner duly designated by the Chief Trial Ex-
aminer. The Companies, the River Boatmen, and the Tug Firemen
were represented and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
' The notice of hearing was also served upon Licensed Tugmen's Protective Associa-
tion of America, affiliated with the International Longshoremen's Association, A F. of
L , herein called the Licensed Tugmen, but that organization did not appear at the hearing.
There is in evidence a waiver and Disclaimer of interest as respects each of the three
proceedings, dated February 2, 1942, and signed on behalf of the Licensed Tugmen by
its Grand President.
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
course of the hearing, the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no prej-
udicial errors were committed. The rulings are hereby affirmed.
On March 20 and 21, 1942, respectively, John I. Hay Co. and the
River Boatmen filed briefs, which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE 13USINESS OF TIIE COMPANIES
John I. Hay Co., a Delaware corporation maintaining an office
in Chicago, Illinois, is engaged in the business of towing river barges
which transport gravel, steel, oil, sugar, paper, and other products up
the Mississippi and Illinois Rivers, and upon the Great Lakes. This
Company owns and operates five river towboats. During 1941, it
derived over $100,000 in gross income from three river towboats which
operated in and out of the State of Illinois. Approximately 30 per-
cent of this income was attributable to towing operations between
points in the State of Illinois and points outside. This Company ad-
mits that in these operations it is engaged in commerce within the
meaning of the Act. I
Marine Transit Company, likewise a Delaware corporation main-
taining an office in Chicago, Illinois, is engaged in the business of
towing river barges which transport coal, steel, gravel, sulphur, silica,
sand, grain, and other products -upon the Mississippi and Illinois
Rivers. It owns/and operates only one river towboat. During 1941
the gross income derived from the operations of this boat exceeded
$100,000. Approximately 60 percent of this income was attributable
to towing operations between points in the State of Illinois and points
outside. This Company admits that in these operations it is engaged
in commerce within the meaning of the Act.
A. L. Mechling Barge Line is an unincorporated business concern
owned by A. L. Mechling, with its principal office in Joliet, Illinois.
This Company is engaged in the business of towing river barges which
transport primarily grain, oil, gasoline, fuel oil, and coal upon the
Mississippi, Illinois, and, Ohio,Rivers. It owns and operates seven
river towboats. During 1941, the gross income derived from the op-
erations of these boats exceeded $100,000. Approximately 50 per-
cent of this income was attributable to towing operations between
points in the State of Illinois and points outside. A. L. Mechling ad-
mits that in these operations his Barge tine is engaged in commerce
within the meaning of the Act.
JOHN I. HAY CO. ET AL.
II. THE ORGANIZATIONS INVOLVED
1025
River Boatmen's Union (Independent) , is an unaffiliated labor
organization admitting to membership all members of the crews of
boats operated by the Companies .2 __1
Tug Firemen, Linemen, and Oilers Protective Association of Amer-
ica is a labor organization affiliated with the International Long-
shoremen's Association. and, through it, wth the American Federation
of Labor. It admits to membership unlicensed members of the crews
of boats operated by the Companies.
III. THE QUESTIONS CONCERNING REPRESENTATION
On or about October 14, 1941, the River Boatmen notified each of
the three Companies that it claimed to represent a majority of the
employees on that Company's river towboats. Each Company refused
to bargain until the River Boatmen produced proof that it repre-
sented a majority of such employees. A statement of the Regional
Director introduced in evidence at the hearing indicates that the River
Boatmen represents a substantial number of employees in each of the
units hereinafter found to be appropriate.'
2 The River Boatmen was organized in Joliet , Illinois , on October 5 or 12 , 1941, pursuant
to demands of various crew members . for a union which would combine licensed and unli-
censed seamen In large part, it consists of the ex-members of Local 32 of the
Licensed Tugmen's Protective Association , chartered in Johef This latter organiza-
tion had admitted to membership only licensed personnel It passed a resolution to
dissolve itself September 21, 1941, and met for the last time on the clay on which the
River Boatmen was established 'Early in 1942 efforts were made by the River Boatmen to
secure a charter from the International Longshoremen 's Association , but that body
refused to charter a union whose jurisdiction would conflict with that of the Tug Fire-
men. without the consent of the latter organization Such consent was not forthcoming.
a The Regional Director's statement shows that the River Boltmen submitted 26 desig-
nation cards in the proceeding involving employees of John I Hay Co Of these, 22
were dated October 1941 , 2 were dated November 1941 , and 2 were undated All the
cards bore apparently genuine original signatures The Company 's pay roll for November
15, 1941 , listing 18 licensed and 19 unlicensed employees attached to the 3 of its boats
whose employees we hereinafter include in bargaining units , contained names of 20 per-
sons whose signatures appealed on the cards, 12 being licensed employees , and 8 unlicensed
The River Boatmen submitted 11 designation cards in the proceeding involving em-
ployees of Marine Transit Company Of these, 10 were dated October 1941 , and the
remaining 1 was undated All the cards bore apparently genuine original signatures.
The Company 's pay roll for November 15 , 1941, listing 8 licensed and 8 unlicensed em-
ployees attached to its only boat, contained names of all 11 persons whose signatures
appeared on the cards , 5 being licensed employees , and 6 unlicensed
The River Boatmen submitted 60 designation cards in the proceeding involving em-
ployes of A L Mechling Barge Lide Of these, 43 were dated October 1941, 3 were dated
November 1941 , 2 were dated December 1941 , 6 were dated January 1942 , and 6 were
undated All the cards bore apparently genuine oijglnal signatures . The Company's pay
roll for October 30, 1941 , listing 37 licensed and 45 unlicensed employees attached to its
7 boats, contained names of 55 persons whose signatures appeared on the cards, 28 being
licensed employees , and B7 unlicensed.
The Tug Firemen asserted at the hearing that it could furnish 1938 , 1939 , 1940, and
1941 membership cards if ordered . to do so Otherwise , it relies upon alleged oral
contracts between it and the Companies to show its interest in the three cases.
455771-42-vol. 40-65
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions have arisen concerning the representation
of employees of the Companies.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Companies
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
The River Boatmen contends that the total personnel of each boat
of each Company should be considered a separate appropriate unit.
The Tug Firemen differs with this contention in two respects : first, it
argues that the entire river towboat fleet of each Company should be
a single. unit, as opposed to separate boat units; and secondly, it con-
tends that with respect to each Company the unlicensed personnel,
whom it claims to represent, constitutes an appropriate unit apart
from the licensed personnel.
The record discloses that the collective bargaining history of these
Companies has not been upon a single-boat unit basis. The Licensed
Tugmen and the Tug Firemen began meeting with the three Com-
panies in February 1939. No contracts resulted for some time, but
the negotiations clearly contemplated that employees of the individual
employer, and not those on a single boat, should comprise the bargain=
ing unit. In April 1941, the Licensed Tugmen finally concluded
contracts with A. L. Mechling Barge Line and with Marine Transit
Company.4 The contract with A. L. Mechling Barge Line covered all
five of the boats then constituting its entire fleet, without any break-
down into single-boat units. Marine Transit Company, it will be
recalled, operates only one boat.
It further appears that in the case of John I. Hay Co., collective
bargaining dealt only with those three 5 of its five boats which sailed
the Illinois Waterway 6 Although John I. Hay Co. refused to sign
a contract with the Licensed Tugmen in April 1941, it observed all
' These contracts were not pleaded as bars to the instant proceedings .' Local 32 of the
Licensed Tugmen is no longer in existence , and the International Organization , which had
chartered it, has disclaimed all interest in these proceedings.
6 The Stark D. Whiteman , the Edward W. Bilhorn, and the Chicago Bridge. See footnote
12, infra.
G This Waterway was defined at the hearing as connecting Grafton, Illinois, on the
Mississippi River, with Damen Avenue in Chicago , Illinois.
- ' ' 'J0739 I. HAY • Co. ET AL;: ] 027
but ' one -of the provisions of the proposed contract with respect to
those three -boats. - The River Boatmen, in its original petition in the
John I. Hay Co. proceeding , claimed to represent a majority of this
Company's employees on the same three boats ,' having apparently
made no attempt to organize its two remaining boats, which operate
between St . Louis, Missouri , and New Orleans, Louisiana.
The territorial jurisdictions of the labor organizations which have
been involved in the bargaining histories of the Companies are de-
fined in broad terms. Local 32 of the Licensed Tugmen, chartered in-
Joliet, Illinois, - claimed jurisdiction down - the Mississippi River as
far as St-Louis, Missouri .8 Its jurisdiction extended up the Illinois
River- to. Lockport , Illinois (4 miles above Joliet).' The Tug Firemen
appears to have no limitations on its jurisdiction . Likewise the
River Boatmen admits to membership any employees on it river ves-
sel on the Inland Waterways . • - - - -
- The River Boatmen argues that each boat should constitute a
separate appropriate unit, because each boat is a separate functional
unit, having no interchange of personnel , except for relief men and
pilots . While it is true that each boat is a separate functional unit,
on the other hand , each crew performs essentially the same work as
all of the other crews, and has the, same hours , and substantially
the same working conditions and wage scales . Adding -to this the'
fact that the boat crews are small , ranging from four licensed and
six unlicensed men, to six licensed and eight unlicensed men, it be-
comes apparent that single -boat units of this size would not be as
practical for bargaining purposes, either from the standpoint of the'
employer or of the employees , as an employer unit.
Inasmuch as Marine Transit Company operates but one river tow-
boat, no issue between an employer unit and a boat unit is involved'
in' that proceeding . In the case of A. L. Mechling Barge Line, we,
are of the opinion, in view of the history of collective bargaining and
the other facts mentioned heretofore , that an employer unit including
the entire river towboat fleet , is appropriate. •
In the\case of John , I. Hay Co., the River Boatmen claims to rep-
resent a majority of employees on only two of the five towboats oper-
ated by that Company ( the Stark D. -Whiteman and the Edward W.
Bilhorn). The Tug Firemen contends that all five of the boats'
should constitute a single unit. -.This case -presents -distinguishing
factors not present in the A. L. Mechling Barge Line proceeding.
° The petition was amended at the hearing to exclude the Chicago Bridge.
8 Boats plying below St Louis were presumably within the jurisdiction of other Locals
of the '- International Longsboremens ` Association ; e. g., St Louis , Missouri , and Memphis,
Tennessee , apparently have such locals. ' .
Local 2 of the Licensed Tugmen , located at Chicago , claimed jurisdiction above
Lockport, - ' ••
1028 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
Thus, whereas Mechling carried on negotiations with the Licensed
Tugmen and the Tug Firemen in terms of his entire fleet as a unit,
and eventually signed a contract with the Licensed Tugmen on the
basis of such a unit, John I. Hay Co. negotiated only with respect to
its three boats which plied the Illinois Waterway. Furthermore,
,the River Boatmen has attempted to organize each of Mechling's boats
regardless of where it plied,10 but has attempted to organize only
these three boats of the John I. Hay Co. Although at the hearing
the, River Boatmen excluded one of the three boats, the Chicago
Bridge, from its petition, we conclude that in view of all the facts,
the Stark D. Whiteman, the Edward W. Bilhorn, and the Chicago
Bridge together constitute an appropriate unit for purposes of bar-
gaining with John I. Hay Co."
There remains the second issue as to whether there should be
separate units of licensed and unlicensed personnel, or single units
consisting of the entire crews. At the hearing, the parties referred
to masters, mates'12 pilots, engineers, and assistant engineers as li-
censed personnel,l3 and to deck hands, clerks, oilers, tankermen, cooks,
stewards, and steersmen as unlicensed personnel. We adopt that
nomenclature.
It is clear that a division between licensed and unlicensed personnel
was recognized by the Companies, the Tug Firemen, and the Licensed
Tugmen, in their dealings. Negotiations were carried on since 1939
with such a separation consistently observed. This was a direct re-
sult of the fact that the first organization of the Companies' boat
crews in 1938 had been carried on jointly by the Licensed Tugmen
and the Tug Firemen upon that basis.
The River Boatmen argues that harmony aboard a boat can be
maintained orrly if the crew is a single unit. The Tug Firemen, on
10 Not all of Mechling 's boats ply the Illinois Waterway The Patsy H at the present
time , operates between Wood Riser , Illinois , on the Mississippi River and New Orleans,
Louisiana ; and. the Donna Lee inns the length of the Mississippi River and up to
Pittsburgh , Pennsylvania , on the Ohio River. Mechling stated that he intended to
operate a third boat , the Sally Ann , on the Ohio River The latter two boats are
the most recently acquired units of the Mechling fleet and were not included in the
Licensed Tugmen ' s contract referred to heretofore However, the River Boatmen pre-
sented to the Regional Director designation cards indicating that it represents a sub-
stantial number of the licensed and the unlicensed personnel on each of these three'
boats
"The Stark D. Whitman operates between Chicago and Peoria , Illinois The Edward
W..Billiorn, when in operation , ran between Chicago and Lockport , Illinois . The Chicago
Bridge plies the waters between Peoria , Illinois , and St. Louis, Missouri.
1 The River Boatmen would class mates on Diesel boats as unlicensed personnel,
because they work with the men and receive only a few more dollars in pay. The
Companies appear to classify - mates as licensed However , none of the Companies has
mates- at this time. Mr. Kern, who was an organizer for the Licensed Tugmen, stated
that mates were as a rule considered unlicensed , but that if they had a license they.
were admitted to the Licensed Tugmen.
13 In accordance with Federal laws , men employed in such capacities must have
licenses to operate steamships ; however, licenses are not a prerequisite to operatID^
boats powered by Diesel engines such as the Companies here concerned own.
JOHN I. HAY CO. ET AL. -' -1029
the other hand, maintains that to combine licensed and' unlicensed
men into a single unit would -lead to domination of the unlicensed
-men by the licensed men. We are convinced that controlling weight
-should be given to the history of collective bargaining among, the
-employees on these boats. In view of that history, we find that
'licensed and unlicensed personnel should be segregated into separate
units."
We find that the combined licensed personnel of the river tow-
boats, Stark D. Whiteman, Edward W. Bilhorn, and Chicago Bridge,
operated by John I. Hay Co., and the combined unlicensed personnel
of those boats constitute two separate units appropriate for the pur-
poses of collective bargaining. We find that the licensed personnel
and the unlicensed personnel of the river towboat of Marine Transit
Company constitute two separate units appropriate for the purposes
of collective bargaining. We find that the combined licensed per-
sonnel of the river towboats of A. L. Mechling Barge Line and the
combined unlicensed personnel of those boats constitute two separate
-units appropriate for the purposes of collective bargaining. We
further find that the above-designated units will insure to employees
of the Companies the full benefit of their right to self-organization
and to collective bargaining and otherwise will effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot.
We shall direct elections among the employees in the units of licensed
employees to determine whether or not they desire to be represented
by the River Boatmen, and among the employees in the units of
unlicensed employees to determine whether they desire to be repre-
sented by the River Boatmen, by the Tug Firemen, or by neither.
In the case of John I. Hay Co., the River Boatmen urges that the
December 23, 1941, pay roll be used as a basis for determining eligi-'
bility to vote, because one of the Company's boats, the Edward W.
Bilhorn, has been laid up since about December 29, 1941. According
,to John I. Hay Co., there are no definite plans for restoring that
boat to its run, inasmuch as it was laid up because it had not been
earning its up-keep. The River Boatmen, however, believes that it
will be put into operation again. The Company will rehire any of
the crew who are available should the boat be returned to service.
In view of these circumstances, we are of the opinion that members
"The record indicates that cooks and stewards have not, in the past, been eligible
to membership in the Tug Firemen . We see no :reason, ' bowever, for^excluding them 'from
a unit of unlicensed employees.
1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the crew of the Edward W. Bilhorn, not permanently employed
elsewhere, should be considered employees who have been temporarily
laid off and should be eligible to vote. In accordance with our usual
practice, we shall direct that those eligible to vote shall be the em-
ployees in the, appropriate units who were employed during the re-
spective pay-roll periods immediately preceding the date of our
Direction of Elections, subject to the limitations' and additions set
forth therein.
Pursuant to agreement of the parties, each relief man who works
on two boats, taking the places vacated by employees on regular
monthly leave, shall vote on the boat on which he is.working at the
'time of the election. In the event a relief man is not working at the
time of the election, lie shall vote on the boat on which he last worked.
In conducting the elections, the Regional Director shall determine
at his discretion the exact time, place, and procedure for giving
,notice of the elections and for balloting on each of -the Companies'
river towboats, provided, however, that each towboat shall be posted
with the' notice of election.15
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of John I. Hay Co., Chicago, Illinois, em-
ployees of Marine Transit Company, Chicago, Illinois, and employees
of A. L. Mechling Barge Line, Joliet, Illinois, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. The licensed personnel of John I. Hay Co., Chicago, Illinois, on
the river towboats, Stark D. Whiteman, Edward W. Bilhorn, and
,Chicago Bridge; the licensed personnel of Marine Transit Company,
Chicago, Illinois, on its river towboat; and the licensed personnel of
A.. L. Mechling Barge Line, Joliet, Illinois, on its river towboats con-
stitute three separate units appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
3. The unlicensed personnel of John I. Hay Co., Chicago, Illinois,
on the river towboats, Stark D. Whiteman, Edward W. Bilhorn, and
Chicago Bridge;-the unlicensed personnel of Marine Transit Company,
Chicago, Illinois, on its river towboat; and the unlicensed personnel
4A. L. Mechling Barge Line, Joliet, Illinois, on its river towboats
constitute three separate units appropriate for the purposes of collec-
tive bargaining,'within the meaning of Section: 9 (b) of the Act_
i
-5 ,^ .,•. 9, ,' r
,ft See, -Matter of, Higman;Towing, Oompany,and 'Inland, Boatmen's,Division of National
Maritime Union, 32 N. L. R. B. 102 ,
JOHN . L HAY 00. ET AL . 1031
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to'Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, .as amended, 'it is
hereby
DIRECTED that, as-part of the investigation ordered by the Board to
ascertain representatives for 'the purposes of collective bargaining
with John I. Hay Co., 'Chicago, Illinois, Marine Transit Company,
Chicago, Illinois, and A. L. Mechling Barge Line, Joliet, Illinois,
elections by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Directi`on'of
Elections, under the direction and supervision of the Regional Director
for the Thirteenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
9, of said Rules and Regulations :
(1) Among all licensed personnel of John I. Hay Co., on the river
towboats, Stark D. Whiteman, Edward W. Bilhorn, and Chicago
Bridge, who were employed during the pay-roll period immediately
preceding the date of this Direction of Elections, including employees
who did not work during such pay-roll period because they were ill
or on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding those employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by River Boatmen's Union (Independent),
for the purposes of collective bargaining;
(2) Among all licensed personnel of Marine Transit Company on
its river towboat who were employed during the pay-roll period im-
mediately preceding the date of this Direction of Elections, including
employees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding those em-
ployees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by River Boatmen's Union
'(Independent),'for the purposes of collective bargaining; .
(3) Among all licensed personnel of A. L. Mechling Barge Line on
its river towboats who were employed during the pay-roll period im-
mediately preceding the date of this Direction of Elections, including
employees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding those em-
ployees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by River Boatmen's Union
(Independent), for the purposes of collective bargaining;
1032 DECISIONS OF NATIONAL -LABOR R+EI:ATIONS BOARD
(4) Among all'unlicensed personnel of John I. Hay Co. on the river
towboats, Stark D. Whiteman, Edward W. Bilhorn, and Chicago
Bridge, who were employed during the pay-roll period immediately
`preceding the date of this Direction of Elections, including employees
who did not work during such pay-roll period because they were ill
or on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding those employees who
have since quit or been discharged for cause, to determine whether they
desire to be represented by River Boatmen's Union (Independent), or
by Tug Firemen, Linemen, and Oilers Protective Association of
America, affiliated with the International Longshoremen's Association,
A. F. of L., for the purposes of collective bargaining, or by-neither;
(5) Among all unlicensed personnel of Marine Transit Company on
its river towboat who were employed during the pay-roll period im-
mediately preceding the date of this Direction of Elections, including
employees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding those em-
ployees who have since quit or been discharged for cause, to determine
whether they desire to be represented by River Boatmen's Union
(Independent), or by Tug Firemen, Linemen, and Oilers Protective
Association of America, affiliated with the International Longshore-
men's Association, A. F. of L., for the purposes of collective bargaining,
or by neither;
(6) Among all unlicensed personnel of A. L. Mechling Barge Line
on its river towboats who were employed during the pay-roll period
immediately preceding the date of this Direction of Elections, includ-
ing employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service or training
of the United States, or temporarily laid off, but excluding those em-
ployees who have since quit or been discharged for cause, to-determine
whether they desire to be represented by River Boatmen's Union
(Independent), or by Tug Firemen, Linemen, and Oilers Protective
Association of America, affiliated with the International Longshore-
men's Association, A. F. of L., for the purposes of collective bargaining,
or by neither. ,