The Northern Coal & Dock Co.

National Labor Relations Board - Board Decisions

Jul 27, 1944

57 N.L.R.B. 729 (N.L.R.B. 1944)

In the Matter of THE NORTHERN COAL & DOCK COMPANY, COAL PROC-
ESSING CORPORATION, NORTH WESTERN-HANNA, FuFL COMPANY,
GREAT- LAKES COAL & DOCK CO., PITTSBURGH COAL COMPANY OF WIS-
CONSIN, CARNEGIE DOCK & FUEL COMPANY, THE C. REISS COAL COM-
PANY and UNITED STEELWORKERS OF AMERICA , C. I. O.
Cases Nos.18-R-1004,18-R-1005,18-R-1007 through 18-R-1010, and
18-R-1013, respeetively.Decided July 27, 1944
Doherty, Rumble, Mitchell d Sullivan, by Mr. Edgar G. Vaughan,
of St. Paul, Minn., for the Companies.
Mr. Paul B. Lee, of Duluth, Minn., for the Union.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
'AND_
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by United, Steelworkers of
America, C. I. 0., herein called the Union, alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of The Northern Coal, & Dock Company, herein called
"''Northern, Coal Processing Corporation, herein called 'Coal Process-
ing;- North Western-Hanna Fuel Company, herein called Hanna,
Great Lakes Coal -& Dock Co., herein called .Great Lakes, Pittsburgh
Coal Company of Wisconsin, herein called Pittsburgh, Carnegie Dock
& Fuel Company, herein called Carnegie, and The C. Reiss Coal Com-
pany, herein called Reiss, all of Superior, Wisconsin,' the National
Labor Relations Board, consolidated the cases and provided for an
appropriate hearing upon due notice before Clarence A. Meter, Trial
Examiner . Said hearing was held at Superior, -Wisconsin, on June
20, 1944. The Companies and the Union appeared at and partici-
pated in the hearing.2 All parties were afforded full opportuni+'T
The employers are hereinafter referred to collectively as the Companies.
' Coal Dock Workers Union, International Longshoremen ' s Association , Locals 1343 and
1328, were duly notified of the bearing and appeared , but indicated that they had no
interest , in the proceedings or in the employees involved and that they did not wish to
intervene. '
57 N. L. R. B., No.,122.
729
730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby af-
firmed. All parties were afforded opportunity to file briefs with the
Board. -
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
The Northern Coal & Dock Company, Coal Processing Corporation,
North Western-Hanna Fuel Company, Great Lakes Coal & Dock Co.,
Pittsburgh Coal Company of Wisconsin, Carnegie,Dock & Fuel Com-
pany, and The' C. Reiss Coal Company are severally engaged in the
operation of coal-docks at Superior, Wisconsin, and, in some cases; at
Duluth, Minnesota. During 1943 each of the Companies purchased at
least 60,000 tons of coal ,or coal valued at $1,000,000, about 95 percent
in each instance being shipped to them from points outside the State
of Wisconsin. During the same period each of the Companies sold
at least 60,000 tons of coal or coal valued in excess of $1,000,000,;at
least 45 percent of -which was: shipped to points outside the State of
Wisconsin.
Each of the Companies, concedes, and we find, that each is engaged
in commerce within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations , admitting to,member-
ship employees of the Company=
`
111. THE QUESTIONS CONCERNING REPRESENTATION
Each of the Companies refuses to recognize the Union as the ex-
clusive collective bargaining representative of the watchmen. and
guards employed by it.
Statements of the Regional Director, introduced into evidence at
the hearing, indicate that the Union represents a substantial number
of employees in each of the units hereinafter found to be appropriate 3
We find that questions affecting commerce have arisen concerning
the representation of employees of each of the Companies,, within the
meaning of Section 9 (c) and Section 2 (6), and, (7) of, the Act.
8 The Regional Director reported that the Union presented membership application cards
bearing the' names of 2 persons employed by Northern , 2 by Coal Processing, 7 by Hanna,
3 by Great Lakes, 2 by Pittsburgh, 11 by Carnegie, and 2 by Reiss. There are approxi-
mately 2 employees in the appropriate unit at Northern , 2 at Coal Processing , 10 at Hanna,
2 at Great Lakes , 4 at Pittsburgh , 3 at Carnegie , and 2 at Reiss.
THE NORTHERN COAL ' & DOCK -COMPANY 731
i
IV. THE APPROPRIATE UNITS
In, each case, the Union is seeking a unit composed of all -em-
ployees_ who perform the duties of watchmen and guards on certain
dock properties of each company, excluding supervisory employees.
The Companies took no position with respect to the appropriateness
of the units.
Th, m Northern Coal c Dock Company employs two watchmen
(guards) • at its Superior docks 'Who make hourly rounds of the
property during the night, perform janitorial work, and tend fires
which provide heat for the buildings and power for dock machinery.
They are deputized as special police in the city of Superior, Wiscon-
sin, but do not wear uniforms or carry arms.
'Coal Processing Corporation also employes two watchmen at its
Superior docks. One is deputized as a special policeman, but neither
is armed or uniformed. Their duties are to protect the property from
fire and theft, and to tend fires in a boiler and brick oven. I , '
North Western-Hanna Fuel Company employs 10 watchmen and
guards, 2 at each of its 5 docks in Duluth and Superior. These em-
ployees make:regulai-rounds of the property, and maintain fires,which
provide heat for the buildings and steam for cranes and other dock
machinery. They do not bear arms and, at present , are not sworn in
as special police.
Great Lakes Coal d Dock Co. has two guards at its Superior docks.
They are deputized as special police, carry arms, but are not uniformed.
They make regular rounds, and maintain fires which supply heat and
provide steam for locomotive cranes and dock machinery.
Pittsburgh Coal Company of 1l'isconsin employs four watchmen and
guards, two at each of its docks at Duluth and Superior. At each
dock, one watchman is a deputy special policeman, but none of the four
is armed or uniformed. They make regular rounds, and care for fires.
At the Superior dock, they also perform janitorial work.
Carnegie Dock & Fuel Company employs three watchmen at-- its
Superior-dock. They are deputized as special police, bear arms, but
are not uniformed. Two of the watchmen patrol the property during
the night, and maintain fires. The third watchman is on duty during
the daytime from 12 noon until 6 p. in., 6 days a week; he makes no
regular rounds, but he has similar general duties of protecting the
property from fire and theft. Although the Company took no position
with respect to his' inclusion in the unit; it stated that his length of'
tenure is, as .yet, indefinite, and that he is regarded as a temporary em-
ployee. In our opinion, the facts demonstrate that he is a regular,
full-time employee, and, as such, is properly within the unit compris-
ing regular watchmen and guards. We so find. -
C
'732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I
The C. Reiss Coal Company employs two watchmen at its Superior
.,dock. They are deputized as special police, bear arms; but are not
-uniformed. They patrol the property during the night and on Sun-
days, and perform janitorial work.
The production and maintenance'employees of the Companies, ex-
cept for watchmen and guards; are covered by current contracts with
-other labor orgi nizations, and the Companies do not oppose the estab
lishment of the units proposed herein. Under these circumstances, and
in view of the homogeneous and functionally coherent nature of the
-proposed units, as disclosed by the facts recited above, we shall grant
,the petitions of the Union.' -
Accordingly, we find that all watchmen and guards employed; re-
spectively, by Northern, Coal Processing, Great Lakes, Carnegie, and
Reiss, at their Superior docks, and by Hanna and Pittsburgh, at their
Duluth and Superior docks, excluding'all supervisory employees with
authority to hire,. promote, discharge, discipline, or otherwise effect
changes in the status of employees, or,^effectively recommend such
action, constitute separate units appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have- arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
xoll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
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 representa-
tives for the purposes of collective bargaining with The Northern Coal
& Dock Company, Coal Processing Corporation, North Western-
Hanna Fuel Company, and Great Lakes Coal & Dock Co., Pittsburgh
Coal Company of Wisconsin, Carnegie Dock & Fuel Company,- and
The C. Reiss Coal Company, elections by, secret ballot shall be con-
ducted 'as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
* The Board often finds separate units of guards and watchmen to be appropriate. See
Matter of American Brass Co., 41 N L. R. B 783; Matter of Phelps Dodge Copper Products
Corp., 41 N . L. R. B. 973.
THE NORTHERN COAL & 'DOCK COMPANY 733
Regional Director for the Eighteenth 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 em-
ployees in` the ,units found appropriate in Section IV, above, and set:
out below; who :were'Pnployed dii`iring the pay roll period immediately:
preceding the date of this.Direction; including employees who did not,
work during the said pay-roll period because they were ill or on vaca-
tion 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 those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, and further excluding all supervisory employees-
with authority to hire, promote, discharge, 'discipline, or otherwise-
effect changes in the status of employees, or effectively recommend such,
action : -
1. All watchmen and guards employed by The Northern Coal &:
Dock 'Company, at its-Superior docks, to determine whether or not_
they desire to be represented by United 'Steelworkers of America, C.
1. 0., Local Union No. 3148, for the purposes of collective bargaining:
2. All watchmen and guards employed by Coal Processing Corpora-
tion, at its Superior docks, to determine, whether or not they desire to,
be represented by United Steelworkers- of America, C. I. 0., Locale
Union No. 3148, for the purposes of collective bargaining.
3. All watchmen and guards employed by North Western-Hanna-
Fuel Company, at its Duluth and Superior docks, to determine whether
or not they desire to be represented by United Steelworkers of America,
C. I. 0., Local Union No. 3148, for the purposes of collective,
bargaining.' '
4. All watchmen and guards employed by Great, Lakes Coal,
& -Dock Co., at, its -Superior docks, to, determine whether or not,
they desire to be represented by United Steelworkers of America,,
C. 1. 0., Local Union No. 3148, for the purposes of collective bargaining:
5. All watchmen and guards employed by Pittsburgh Coal Com-
pany of Wisconsin, at its Duluth and Superior docks, to determine,
whether' or not they desire to be represented by United Steelworkers
of America, C. I. 0., Local Union No. 3148, for the purposes of, col-
lective bargaining. a'
6. All watchmen and guards employed by Carnegie Dock & Fuel
Company, at its Superior docks, to determine whether or not they
desire to be represented by United Steelworkers of America,.C. I: 0:,,
Local Union No. 3148, for the purposes of collective bargaining.
7. All watchmen and guards employed by The C. Reiss Company,-
at its Superior docks, to determine whether or not they desire to be
represented by United Steelworkers of America, C. I. 0:, Local Union_
No. 3148, for the purposes of collective bargaining..