Lake Tankers Corp.

National Labor Relations Board - Board Decisions

Sep 2, 1948

79 N.L.R.B. 442 (N.L.R.B. 1948)

In the Matter of LAKE TANKERS CORPORATION, EMPLOYER AND PETI-
TIONER and INTERNATIONAL LONGSHOREMEN 'S ASSOCIATION, LOCAL
1551-C, AFL, UNION
Case No. 14-RM-4.Deeded September 2, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board., The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. International Longshoremen's Association, Local 1551-C, here-
inafter called I. L. A., is a labor organization, affiliated with the
American Federation of Labor, claiming to represent employees of
the Employer.
3. The alleged question concerning representation :
The Employer has for some time recognized I. L. A. as bargaining
representative of its unlicensed non-supervisory personnel, and Na-
tional Organization of Masters, Mates & Pilots of America, Local No.
28,1 as bargaining representative of its licensed supervisory personnel.
At the hearing, the Employer conceded that it did not question the
majority status of I. L. A., and it further asserted that it will continue
to recognize the I. L. A. as the bargaining representative of the non-
supervisory unit.2
Masters , Mates & Pilots was permitted to intervene in the proceeding.
The parties were in dispute concerning the supervisory status of watchmen . The record
shows that these watchmen are comparable to second mates on other similar vessels and to
boatswains on ocean-going liners . The watchman and mate take turns directing deck crews,
and the watchman , when on watch , directs all activities of the deck hands and exercises
independent judgment in carrying out general instructions received from the mate.
Although he has no authority to discharge , the Employer relies on his recommendations
with respect thereto. Under the circumstances, we are of the opinion that the watchmen
are supervisors within the meaning of the Act.
79 N. L. R. B., No. 61.
442
LAKE TANKERS CORPORATION 443
Accordingly, we find that no question affecting commerce exists
concerning the representation of employees of the Employer, within
the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.
MEMBER REYNOLDS took no part in the consideration of the above
Decision and Order.