The Pittsburgh Supply Co.

National Labor Relations Board - Board Decisions

Dec 9, 1942

45 N.L.R.B. 1219 (N.L.R.B. 1942)

In the Matter of THE PITTSBURGH SUPPLY COMPANY and NATIONAL
MARITIME UNION OFAMERICA, C. I. 0.
Case No. R-4460.-Decided December 9, 194.
Jurisdiction : ship supplies and provisions industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition ; election necessary.
Unit, Appropriate for Collective Bargaining : all unlicensed members of the crew
of the Company aboard a named ship.
Mr. John Robert Hill, for the Board.
Mr. Lee C. Hinslea, of Cleveland, Ohio, for the Company.
Mr. Frank Jones, of Detroit, Mich., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by National Maritime Union of America,
affiliated with the C. I. 0., herein called the Union, alleging that a
que§tion affecting commerce had arisen concerning the representation
of employees of The Pittsburgh Supply Company, Cleveland, Ohio,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Henry
J. Kent, Trial Examiner. Said hearing was held at Sault Ste. Marie,
Michigan, on November 2, 1942. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing upon the issues. During the hearing the Company moved
for dismissal, claiming that the proceeding was belated ; thereafter
the Company renewed its motion, alleging that an election previously
held pursuant to a consent election agreement was.a bar to this pro-
ceeding.1 The motion is hereby denied. The Trial Examiner's
The consent election was held on June 30, 1942. The election was set aside by the
Regional Director, after investigation of the objections to the election filed by the Union.-
Under the terms of the consent agreement the Regional Director's rulings were to be final.
45 N: L R. B , No 166.
1219
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1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rulings inade at'the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Pittsburgh Supply Company is a Michigan corporation having
,its main office at Cleveland, Ohio. Its capital stock is owned by The
Pittsburgh Steamship Company, a subsidiary of the United States
Steel Corporation. The Pittsburgh Steamship Company is engaged
as a private carrier, owning and operating steamers and barges upon
the Great Lakes for the carrying of iron ore, coal, and limestone ex-
clusively for the United States Steel Corporation and its subsidiary
companies. The Company charters and leases from The Pittsburgh
Company a steam propelled vessel called the S. S. Frontier, specially
fitted as a delivery boat, the employees of which are herein involved.
The Company is engaged mainly in the selling of groceries, meats,
and other food products, and hardware, such as paint, rope, tarpau-
lins, and small ship fittings for ship maintenance. , During the year
1941, the Company purchased materials and supplies amounting to
approximately $800,000, of which 35 percent was purchased outside
the State of Michigan. During the same period the materials and sup=
plies sold amounted to approximately $1,000,000, 90 percent of which
was consumed or used outside the State of Michigan.
The Company concedes it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
National Maritime Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting em-
ployees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
On June 6, 1942, the Union requested the Company to grant it ex-
-elusive bargaining rights, but the Company refused the request. On
June 13, 1942, the parties entered into an agreement for a consent elec-
tion to be conducted under the supervision and direction of the Re-
gional Director for the Eighth Region. As stated previously, the
consent election was held on June 30, 1942, but was later set aside by
the Regional Director after the investigation of the objections to the
election filed by the Union.
PITTSBURGH SUPPLY COMPANY 1221
- A statement of the Regional Director , introduced in evidence at the
hearing, indicates the Union represents a substantial number of em-
ployees in the unit hereinafter found to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company , within the meaning
of Section 9 (c) and Section 2 (6) and ( 7) of the National Labor
Relations Act.
IV. TIIE APPROPRIATE UNIT
The parties agree, and we find, that all unlicensed members of the
crew of the Company aboard the S. S. Frontier constitute a unit ap-
propriate for the purpose of collective bargaining within the meaning
of Section 9 (b) of the Act.3
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.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with The Pittsburgh
Supply Company, Cleveland Ohio, 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 Eighth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed during the payroll period immediately preceding the
'The statement shows that the Union submitted an undated petition bearing,18 signa-
tures designating the Union as the representative for the purpose of collective bargaining
.111 (it the sngnatuies are seemingly valid signatures and all are the names of persons listed
on the Company ' s pay roll of âIay 31, 1942 . There are 21 employees lit the appropriate
unit.
s The parties specifically agreed, and we find, that three so -called foremen are not
supervisory employees , but are more properly described as checkers, and should therefore
be included.
1222, DECISIONS OF NATIONAL LABOR'. RELATIONS BOARD
date of this Direction, including employees who did not work during
such pay-roll period because they were ill or on vacation or- in .the
active military service- or training of the United States, or tempo-
rarily laid off, but excluding, employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by National Maritime Union of America, affiliated with
C. 1. 0., for the purposes of collective bargaining.
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