Puerto Rico Steamship Association

National Labor Relations Board - Board Decisions

Aug 14, 1950

90 N.L.R.B. 1877 (N.L.R.B. 1950)

In the Matter of PUERTO RICO STEAMSHIP ASSOCIATION, IN BEHALF
OF ITS MEMBERS, BULL INSULAR LINES, INC., AND LYKES LINES
AGENCY,1 EMPLOYER AND PETITIONER and LOCAL 1743, INTERNA-
TIONAL LONGSHOREMEN'S ASSOCIATION, DISTRICT COUNCIL No. 2 and
LOCAL 1744, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, DISTRICT
COUNCIL No. 2, UNIONS
Case No. 24-RM-1.-Decided August 14, 1950
DECISION AND DIRECTION OF ELECTION
Upon an amended petition duly filed ,on April 12, 1950,2 under
Section 9 (c) of the National Labor Relations Act, a hearing was
held before George L. Weasler, hearing officer. 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
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) andSection 2 (6) and (7) of the Act.
4. The appropriate unit :
We find, substantially in accord with the agreement of the parties
at the hearing, that the following employees of the Employer con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act: All longshoremen of
the Employer working aboard boats docking at the port of Jobos,
Aguirre, Puerto Rico, including stevedores, winchmen, coopers, gang-
waymen, and waterboys, but excluding office and clerical employees,
professional, executive, and administrative employees, guards, watch-
men, and supervisors as defined in the Act.
I The Employer ' s name appears as amended at the hearing.
2 The Employer 's original petition was filed on March 22, 1950.
90 NLRB No. 255.
e
1877
1878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. Determination of representatives :
Local 17441 asserts, in substance, that eligibility to vote in the elec-
tion herein should be determined by employment during any pay-
roll period within a "reasonable" time before and including November
29, 1949. Local 1743 4 contends that a current payroll eligibility date
should be established. The Employer takes no position on this issue.
For a number of years prior to January 1950, Local 1743 and Local
1744, pursuant to agreement between the Employer and the Unions'
parent organization, District Council No. 2, each supplied half the
crew needed to work aboard ships docking at the port of Jobos. How-
ever, in October 1949, at a convention of District Council No. 2, a
resolution was adopted in which Local 1743 was awarded all the work
at that port, such award to become effective January 1, 1950. The last
occasion on which work was shared by Local 1743 and Local 1744 oc-
curred on November 29, 1949. Since January 1; 1950, the Employer
has in effect recognized the award of District Council No. 2 and has
secured all its crews necessary for work at Jobos from Local 1743.5
In view of the nature of the award to Local 1743 and the operation
thereunder, it is clear that a determination of eligibility based on em-
ployment lists after November 29, 1949, would have the effect of lim-
iting the right to vote to employees supplied by Local 1743 alone.
Under these circumstances, we believe that eligibility to vote should
be based on a representative period ending November 29, 1949, when,
as already noted, the furnishing of workers was not so limited. As
the record indicates that the use of payrolls during the 6 months end-
ing November 29, 1949, would be representative of the Employer's
personnel complement, we shall direct that employees employed dur-
ing any payroll period within those 6 months shall be eligible, to par-
ticipate in the election, subject to the limitations and additions set
forth in the Direction of Election.'
0
DIRECTION OF ELECTION 7
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
8 Local 1744 , International Longshoremen ' s Association , District Council No. 2.
4 Local 1743, International Longshoremen 's Association , District Council No. 2.
S It appears that no boats of the Employer docked at Jobos between November 29, 1949,
and March 5, 1950 . On the latter date, all work was assigned by the Employer to crews
furnished by Local 1743.
a Cf. Bull Insular Lines, Inc., 71 NLRB 38.
' Any participant in the election directed herein may , upon its prompt request to, and
approval thereof by , the Regional Director, have its name removed from the ballot.
PUERTO RICO STEAMSHIP ASSOCIATION 1879
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 super-
vision 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 any payroll period in the 6 months ending November
29, 1949, including employees who did not work during said payroll
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 1743,
International Longshoremen's Association, District Council No. 2, or
by Local 1744, International Longshoremen's Association, District
Council No. 2,8 or by neither.
$ The compliance status of International Longshoremen 's Association , District Council
No. 2, the parent organization of both Local 1743 and Local 1744, has lapsed since the
hearing in this matter . In the event it fails to renew its compliance with the filing require.
ments of the Act within 2 weeks from the date of this Direction , the Regional Director is to
advise the Board to that effect. No election shall be conducted unless and until compliance
has been renewed.