67 N.L.R.B. 709 (N.L.R.B. 1946)

Warrior & Gulf Navigation Co.

National Labor Relations Board - Board DecisionsApr 24, 1946

67 N.L.R.B. 709 (N.L.R.B. 1946)

In the Matter of WARRIOR & GULF NAVIGATION COMPANY and NATIONAL ORGANIZATION OF MASTERS, MATES & PILOTS OF AMERICA, LOCAL 28, AFL Case No. 15-R-1332.-Decided April 2.i/, 1946 Mr. Paul J. 11'inschel , of Pittsburgh , Pa., for the Company. Capt. E. W. Higginbotham, of Mobile , Ala., and Mr. George M. Antrainer , of St. Louis, Mo., for the Union. Mr. Phil E . Thom .p.son, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by National Organization of Masters, Mates & Pilots of America, Local 28, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Warrior & Gulf Navigation Company, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Laurence H. Whitlow, Trial Examiner. The hearing was held at Mobile, Ala- bama, on May 24, 1945. On June 15, 1945, the Company filed a Peti- tion for Leave to Adduce Additional Testimony,. with the Board. On August 6, 1945, the Board issued its order directing further hear- ing. Hearing was held pursuant to this order, after due notice, before Lewis Moore, Trial Examiner, at Mobile, Alabama, on Febru- ary 25, 1946. The Company and the Union appeared and participated at both hearings. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. The Trial Examiners' rulings made at the hearings are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. The Company's request for leave to present oral argument is hereby denied. 67 N L R B, No 91. 709 710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 7. THE BUSINESS OF THE COMPANY Warrior & Gulf Navigation Company, a corporation, is engaged in the operation of motor driven towboats on the Warrior and Tom- bigbee River systems, transporting barges from Port Birmingham, Alabama, to the Port of Mobile, Alabama. Cargoes valued in excess of $1,000,000, and consigned outside the State of Alabama, are carried annually. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. Ti. TIIE ORGANIZATION INVOLVED National Organization of Masters, Mates & Pilots of America, Local 28, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. Till' QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent., introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate? 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 (T) of the Act. IV. THE APPROPRIATE UNIT The Union requests a unit composed of all masters and pilots, and relief masters and pilots, on the Company's Warrior River towboats. The Company seeks to exclude the Masters on the ground that they have unlimited supervisory authority, and are direct representatives of management. This issue has been discussed at length in prior decisions in which the Board has found appropriate, similar units of masters and pilots on river towboats.2 We find nothing in the instant I The Field Examiner reported that the Union submitted nine authorization cards There are approxirnatelb nine employees in the appropriate unit 2 Matter of Ohio Barqe Line, Die, 59 N L R . B. 154, Matter of Jones J Laughlin Steel Corporation , 54 N L R R 679 , Jones & Laughlin Steel Corporation v N L. R B, 146 F. (2d) 833 (C. C A 5) WARRIOR & GULF NAVIGATION COMPANY 711 record which persuades its to depart from our findings in those cases as to the appropriateness of a unit such as sought by the Union herein. We find that all masters and pilots , and relief masters and pilots, employed by the Company on its Warrior River towboats constitute 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 employees in the appropriate unit who were employed during the pay-roll period immediately preceding the (late of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 representa- tives for the purposes of collective bargaining with Warrior & Gulf Navigation Company, 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 Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 10 and 11, of said Rules and Regulations, among employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding- the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, :n)d including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether or not they desire to be represented by National Organ- ization of Masters, Mates & Pilots of America. Local 28, AFL, for the purposes of collective bargaining.