Nicholson Transit Co.

National Labor Relations Board - Board Decisions

Aug 15, 1949

85 N.L.R.B. 692 (N.L.R.B. 1949)

In the Matter of NICHOLSON TRANSIT COMPANY, EMPLOYER and LOCAL
46, INDUSTRIAL UNION OF MARINE & SHIPBUILDING WORKERS OF
AMERICA, CIO, PETITIONER
Case No. 7-RC-557.-Decided August 15, 19419
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Harold L.
Hudson, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Gray].
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. The Petitioner and Local 1324, International Longshoremen's
Association, AFL, herein called the Intervenor, are labor organiza-
tions 1 claiming to represent employees of the Employer.
3. The Employer and the Intervenor assert that their contract
signed May 1, 1948, and effective until March 31, 1950, is a bar to this
proceeding. Clause "Ninth" of the contract contains, among other
things, the following provisions :
The Company, . . . , reserves the right to promote any Asso-
ciation man, who, in their estimation, is best fitted for the position.
The Company agrees that regular Association men who have had
experience will be given preference when vacancies occur.
We construe this provision as requiring the Employer to give pref-
erential treatment to members of the Intervenor in the promotion or
' On August 9, 1949, after the hearing in this matter had closed, Teamsters Union, Local
299, I. B. of T. C. W. & H. of A., A. F. of L., moved to intervene on the ground that it repre-
sented a majority of the employees involved herein. It also requested that its name be
placed on the ballot in the election directed herein. On August 3, 1949, the Teamsters
submitted authorization cards to the Regional Director to establish its interest in this pro-
ceeding. However, none of these cards is dated before the time of the hearing, which was
held on June 24, 1949. Accordingly, for the reasons stated in Matter of The United Boat
Service Corporation, 55 N. L. R. B. 671, we hereby deny the motion. See also Matter of
Grand Central Airport Company, 70 N. L. R. B. 1094.
85 N. L. R. B., No. 124.
692
NICHOLSON TRANSIT COMPANY 693
hiring of employees. In either event, this provision goes beyond the
limited form of union-security agreement permitted by Section 8 (a)
(3) of the amended Act and is therefore unlawful, without regard to
whether a union-shop authorization election has been conducted under
Section 9 (e) (1) of the Act 2 The contract therefore cannot operate
to bar a present determination of representatives.,
A 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.
4. In accord with a stipulation of the parties, we find that all em-
ployees of the Employer performing longshoremen's duties at the
Employer's Detroit, Michigan, docks, including checkers, drivers,
freight handlers, holdmen, spotters, and boat elevator operators, but
excluding foremen, the superintendent and all other supervisors as
defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30 days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Region in which this case was heard,
and subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, 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, and also excluding employees on strike who
are not entitled to reinstatement, to determine whether they desire to
be represented, for purposes of collective bargaining, by Local 46,
Industrial Union of Marine & Shipbuilding Workers of America,
CIO, or by Local 1324, International Longshoremen's Association,
AFL, or by neither.
2 Matter of Broadway Iron and Pipe Corporation , 83 N. L. R. B. 942 ; Matter of Morley
Manufacturing Company, 83 N. L. It. B. 404; Matter of Hawley & Hoops, Inc., 83 N. L. It. B.
871; Matter of American Export Lines, 81 N. L. R. B. 1370.
3 In view of our finding that the contract is not a bar , it is unnecessary to, pass upon the
Petitioner 's contention . that negotiations between the Employer and the Intervenor
"opened" the contract so as to permit the filing of the petition lu advance of the termi-
nation date.