Lake Tankers Corp.

National Labor Relations Board - Board Decisions

Oct 17, 1945

64 N.L.R.B. 281 (N.L.R.B. 1945)

i
In the Matter of LAKE TANKERS CORPORATLON and NATIONAL MARINE
ENGINEERS' BENEFICIAL ASSOCIATION, LOCAL No. 6, CIO
Case No. 14-R-1172.Decided October '1'i, 1945
Mr. William F. Price and Captain Oscar Lane, of St. Louis; Mo.,
for the Company.
Mr. James L. Scott, of Webster Grove, Mo., for the MEBA.
Mr. Allen FI. '1Vhittington and Mr..Larv'q Long, of St. Louis, Mo.,
for the ILA. -
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by National Marine Engineers' Beneficial
Association, Local No. 6, CIO, herein called MEBA, alleging that
a question affecting commerce had arisen concerning -the representa-
tion of employees of Lake Tankers Corporation, herein called the
Company, the National Labor Relations Board provided for'an appro-
priate hearing upon due notice before Keith W. Blinn, Trial Examiner.
The hearing was held at St. Louis, Missouri, on July 6, 1945. - The
Trial Examiner .granted Motion to Intervene on behalf of Interna-
tional Longshoremen's Association, Local No. 1551-C, AFL, herein
called'IL• A. All parties were afforded full opportunity to be heard,
to examine and cross -examine witnesses , and to introduce evidence
bearing on-the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS or FACT
1. THE BUSINESS OF THE COMPANY -
Lake Tankers Corporation is a Delaware corporation engaged in the
operation'of tow boats and barges. This. proceeding involves the Com-
64NLRB .,No50.
281
282 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany's operations in the Mississippi River and its tributaries, where
the main ports of call are New Orleans, Louisiana; Memphis, Tennes-
see; St. Louis, Missouri; and St. Paul, Minnesota. During the year
1944, vessels of the Company transported in interstate commerce cargo
valued- in excess of $500,000. During the same ,period of time, the
Company purchased materials and supplies including fuel oil, lube oil
and towing gear valued in excess of $200,000, more than 75 percent
of which was shipped in interstate commerce.
The Company admits that it is engaged in commerce within the
,meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED d
National Marine Eligineers' Beneficial Association, Local No. 6,
'affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
International Longshoremen's Association, Local No. 1551-C, af-
filiated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
On February 26, 1945, MEBA, by telegram,' requested recognition
by the Company as collective bargaining agent for all the Company's
licensed engineers; the Company,-refused to grant such request until
the MEBA was certified,by the Board in an appropriate unit.
Since October 1940, the ILA has been the recognized agent for all the
Company's employees, except masters, mates, and pilots, under succes-
sive collective bargaining contracts.' The 1944 contract was automati-
cally renewable unless notice of a desire to negotiate a new contract be
given by either party 30 days prior to the expiration date. The ILA
gave ,the required notice and a new contract was executed by the ILA
and the Company on March 1, 1945. It included a provision for ex-
emption of licensed engineers in the event the Board should find such
group to constitute a separate appropriate unit.' Inasmuch as notice
was given by the MEBA prior to its execution, we find, contrary to the
contention of the ILA, that the contract of March -1, 1945, does not
constitute a bar to this proceeding.
1 This unit was established as the result of a voluntary agreement between the Company
and ILA.
2 The pertinent clause reads as follows
It is understood and agreed that in the event that the licensed engineers on the vessels
covered by this agreement are determined by the National Labor Relations Board to
constitute a separate bargaining unit and are so certified by said Board, this agreement
as to said engineers shall terminate and cease to be of any further force and effect
as of the effective date of any such certification.
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LAKE TANKERS CORPORATION ,283
A statement of a Board agent, introduced into evidence at the hear-
ing, • indicates that the MEBA represents a substantial number of
employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The MEBA, the ILA, and the Company agree that any unit estab-
lished should include employees on all the Company's boats and
barges operating on the Mississippi River and its tributaries. They
also agree as to the exclusions of masters, mates, and pilots 4 Alleging
that licensed engineers are supervisory maritime employees, the
MEBA contends that these employees. should constitute a separate
unit. Pointing to its contract as a bar and stressing the past bargain-
ing history which has included the engineers, the ILA urges a com-
pany-wide unit. The Company is agreeable to the establishment of
either unit.
The Company owns and operates three boats,-' the personnel of
which includes approximately 64 employees. As previously stated,
with the exception of the masters, mates, and pilots, all these employees
have been represented by the ILA for the purposes of collective bar-
gaining since 1940. Although under Federal navigation laws, it is
mandatory only that those employees be licensed who function as
engineers on steamboats, the Company's established policy permits
only licensed engineers to stand watch e on all its boats, whether steam.
or Diesel operated.
Although the Board customarily accords great weight to collective
bargaining history in its determination of the appropriate bargain-
ing unit, it does not'do so where such history runs counter to well-
established Board policy. The Board has consistently held that
licensed and unlicensed maritime personnel may- not be included in
the same bargaining unit.? Accordingly, we are of the opinion that
8 The Field Examiner reported that the MEBA submitted 9 designation cards bearing date
of February 1945 , and that the names of all persons appearing on the cards were listed on
the Company ' s'pay roll of June 6. 1945 , which revealed the names of 10 employees in the
alleged appropriate unit. The ILA relied upon its contract as establishing its interest in
the proceeding
4 As the result of voluntary agreement between the parties, in October 1940, National
Organization, Masters, Mates and Pilots of America, AFL, herein called Al. M. P has
represented this group as a separate bargaining unit
5 The " Kokoda" is a steamboat while the "Twin Cities " and the "Tri-Cities" are Diesel
operated.
6 `Stand watch ", means "on duty" and when on duty , an engineer has supervision over
the boat ' s machinery and personnel of the boiler room.
R As is indicated by footnote 2, supra, the IL'A and the Company recognized in their
contract , that this Board policy might govern their future relations . See Matter of Midland
Steamship Line, Inc, 53 N. L. R. B. 727, Matter of Steamer Service Company , 58 N. L. R B
632, citing N L R. B v . Delaware-New Jersey Ferry Company, 128cF ( 2d) 130 (C. C. A
3) , Matter of Central Barge Company , 61 N. L. R. B 784.
284 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
the licensed engineers sought by the MEBA properly constitute a unit
separate and apart from the remaining employees of the Company.
We find that all licensed engineers of the Company constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9,(b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the qugstion concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth iii the
Direction."
DIRECTION OF ELECTION
By virtue of and pursdiantto the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, find pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3,' as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lake Tankers
Corporation, St. Louis, Missouri, an election by secret ballot 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 Fourteenth Region, St. Louis, Mis-
souri,,acting in this matter as agent for the National Labor Relations
Board,'and subject to Article III, Sections 10 and 11, of said Rules and
Regulations, among the employees in the unit found appropriate in
Section ,IV, above, 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 present theinsehies 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 • election to determine whether or not they
desire to be represented by National Marine Engineers' Beneficial
Association, Local No. 6, affiliated with the Congress of Industrial
Organizations, for the purposes of dollective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
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" Since the ILA indicated at the hearing that it desired to participate in an election only
in the event that the Board.found appropriate a company-wide unit, we shall not accord
it a place on the ballot.