Tamphon Trading Co.

National Labor Relations Board - Board Decisions

Feb 9, 1950

88 N.L.R.B. 597 (N.L.R.B. 1950)

In the Matter of TAMPHON TRADING COMPANY, INC.,' EMPLOYER and
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL, PETITIONER
Case No.10-RC-736.-Decided February 9, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Willis C.
Darby, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. The
Employer 's motion to dismiss the petition herein on various grounds
will be considered hereinafter.
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 Murdock].
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 labor organization involved claims to represent certain
employees of the Employer.
3. The Employer contends that the stevedores - sought by the Peti-
tioner are casual laborers who perform the greater portion of their
work for other Employers , and are therefore not its employees within
the meaning of the Act. We find this contention clearly without merit.
There is nothing in the Act that restricts or limits the definition of an
employee to one whose tenure of employment must be fixed to a regular
day-to-day or week-to -week or month -to-month basis .2 In fact, it is
common knowledge that the tenure of employment of stevedores in the
shipping industry is of a casual nature. Notwithstanding this fact,
they have not been deprived 'of the rights of employees under the Act 2
The Employer's motion to dismiss the petition on this ground is , there-
fore, denied.
' The Employer's name appears as amended at the hearing.
2 See Section 2 (3) of the Act.
See B and , C -Stevedoring Co., Incorporated, 88 NLRB No. 77 ; see also American Fruit
and Steamship`Company, 88 NLRB No. 64.
88 NLRB No. 108.
597
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that 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. The following employees of the Employer constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act: All employees 4 engaged in loading and
unloading vessels in the port of Tampa, Florida, excluding all other
employees,5 guards, professional employees, and supervisors 6 as 'de-
fined in the Act.
5. The parties disagree with respect to the eligibility of these work-
men to vote in the election among the Employer's employees. The
Petitioner contends that all longshoremen who were employed eight
or more times during the 6-month period preceding the filing of the
petition should be eligible to vote: For the reasons stated in B and C
Stevedoring Co., Incorporated,? we disagree with the Petitioner's
contention.
Upon the entire record in the case, we are of the opinion that all
employees of the Employer in the appropriate unit should be eligible
to vote in the election whose names appear on eight or more different
payrolls of the Employer within the period beginning June 1, 1949,
and ending with the date of the payroll immediately preceding the
issuance of this Decision and Direction of. Election, and we so provide.8
DIRECTION OF ELECTION
0
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 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, whose names
* The Employer ' s motion to dismiss the petition ,on the ground that it does not employ
riggers, winchmen , and gang leaders , all classifications of employees sought by the Petitioner,
is denied ..' The Employer has no particular classifications for the employees it hires, but
selects longshoremen at random from those who congregate at the dock . It appears that
the employees selected , perform the usual functions of stevedores , classified in the industry
as stackers , beitmen, hoidmen , fruit cutters, gang leaders , checkers , water boys , riggers,
and winchmen . They are not restricted to work of any particular job category.
6 Excluded in this category are : J. H. Burke and Sam H. Bailey , the truck drivers, G. C.
Giles, the bookkeeper , and Joe A. Romeo , a member of the family operating the business.
alixcluded in this category Is S. A. Scott.
v 138 NLRB No. 77. See also American Fruit and Steamship Company, 88 NLRB No. 64.
° Cf. American Fruit and Steamship' Company , supra; Crenshaw Bros . Produce Company,
@8 NLRB No. 76.
TAMPHON TRADING COMPANY, INC. 599
appear on eight or more different payrolls with the period commencing
June 1, 1949, and ending with the payroll immediately preceding the
date of this Direction of Election, 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 em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of collec-
tive bargaining, by International Longshoremen's Association, AFL.