The Curtis Bay Towing Co. of Pennsylvania

National Labor Relations Board - Board Decisions

Dec 6, 1945

64 N.L.R.B. 1208 (N.L.R.B. 1945)

In the Matter of THE CURTIS BAY TOWING COMPANY OF PENNSYLVANIA,
SHERIDAN TRANSPORTATION COMPANY, P. F. MARTIN, INC., BERNARD
TUCKER'S SONS, INDEPENDENT TOWING COMPANY, CHARLES T. BANKS
TOWING LINE, AND TAYLOR & ANDERSON TOWING & LIGHTERAGE COM-
PANY and UNITED MINE WORKERS OF AMERICA, DISTRICT 50, LOCAL
UNION 13039
Case No. 4-R-1836.-Decided December 6,1945
Rawle and Henderson, by Mr. Joseph W. Henderson, of Philadel-
phia, Pa., for The Curtis Bay Towing Company of Pennsylvania.
Mr. Robert G. Kelly, of Philadelphia, Pa., for Sheridan Transporta-
tion Company, P. F. Martin, Inc., Bernard Tucker's Sons, Independent
Towing Company, Charles T. Banks Towing Line, and Taylor &
Anderson Towing & Lighterage Company.
Messrs. William E. Collier, Robert H. Brownley, and Fred Thomas,
of Philadelphia, Pa., for District 50.
Mr. William L. Standard, of New York City, by Mr. Herman Rosen-
feld, and Mr. E. E. Williams, for the N. M. U.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Mine Workers of America, Dis-
trict 50, Local Union 13039, herein called District 50, alleging that
questions affecting commerce had arisen concerning the representation
of employees of The Curtis Bay Towing Company of Pennsylvania;
Sheridan Transportation Company, P. F. Martin, Inc. ; Bernard Tuck-
er's Sons; Independent Towing Company; Charles T. Banks Towing
Line; and Taylor & Anderson Towing & Lighterage, Company; 1 all of
Philadelphia, Pennsylvania, herein collectively called the Companies,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Herman Lazarus, Trial Examiner. The
hearing was held at Philadelphia, Pennsylvania, on September 21,
'At the hearing the parties agreed to amend the caption of the case to substitute for
"Tugboat Owners and Operators of the Port of Philadelphia" the names of the individual
Companies as set forth herein and to permit the Board to make similar substitutions
throughout the record wherever it is necessary.
64 N. L. R. B., No. 203.
1208
THE CURTIS BAY TOWING COMPANY OF PENNSYLVANIA ET AL.1209
1945. The Companies, District 50, and National Maritime Union of
America, C. I. 0., herein called the N. M. U., appeared and partici-
pated. All parties were afforded full opportunity to be 'heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 of FACT
1. T1 1E BUSINESS OF THE COMPANIES
The record reveals that all the Companies involved herein are en-
gaged in and derive substantial income from the operation of tug boats
used in the towing and docking of oceangoing vessels engaged in
foreign and interstate commerce.
The Companies admit, and we find, that they are engaged in com-
merce within the meaning of the National Labor Relations Act.
11. THE ORGA14IZATIONS INVOLVED
United Mine Workers of America, District 50, Local Union 13039, is
a labor organization admitting to membership employees of the Com-
panies.
National Maritime Union of America, affiliated with the Congress of
Industrial Organizations, ig a labor organization admitting to mem-
bership employees of the Companies.
ITT. TIIE QUESTION CONCERNING REPRESENTATION
The Companies have refused to grant recognition to District 50 as the
exclusive bargaining representative of certain of its employees unless
and until District 50 has been certified by the National Labor Relations
Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that District 50 represents a substantial number of
employees in the unit it alleges to be appropriate.2
We find that questions affecting commerce have arisen concerning the
representation of employees of the Companies, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
E The Field Examiner reported that District 50 submitted 145 authorization cards ; that
the names of 91 persons appearing on the cards were listed on the Companies ' pay rolls of
August 14 , 1945, which contained the names of 152 employees in the unit claimed appro-
priate by District 50; and that 48 were dated in June , 19 in July , and 6 in August, 1945;
18 were undated . The N. M. U. submitted authorizations signed by 26 persons , 11 of whose
names were listed on the Companies ' pay rolls of August 14, 1945.
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all unlicensed personnel employed on board the tug boats of
the Companies operating, except for temporary or occasional opera-
tions elsewhere, exclusively upon the Delaware River and Bay and
their tributaries, and upon the Chesapeake and Delaware Canal, con-
stitute 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 question 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 in the Direc-
tion.3
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represents=
tives for the purposes of collective bargaining with The Curtis Bay
Towing Company of Pennsylvania, Sheridan Transportation Com-
pany, P. F. Martin, Inc., Bernard Tucker's Sons, Independent Towing
Company, Charles T. Banks Towing Line, and Taylor & Anderson
Towing & Lighterage Company, all of Philadelphia, Pennsylvania, 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 Fourth
Region, 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 im-
mediately preceding the date of this Direction, including employees
who did not work during the said pay-roll period because they were
a Charges of unfair labor practices (4-C-1523), filed by the N. M. U. against the Com-
panies since the date of the hearing, have been settled with the approval of the Board
The motion of the N. M U., requesting the Board to set aside the settlement, is accordingly
denied. Should the N. M. U. desire not to participate in the election , its name will be
removed from the ballot if a request is made to the Regional Director within 5 days from
the date hereof.
THE CURTIS BAY TOWING COMPANY OF PENNSYLVANIA ET AL.1211
ill or on vacation or temporarily laid off, and including employees in
the armed forces of the United States who present themselves in person
at the polls, but excluding any 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 they desire to be represented by
United Mine Workers of America, District 50, Local Union 13039, or
by National Maritime Union of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining,
or by neither.