Waterman Dock Co., Inc.

National Labor Relations Board - Board Decisions

Apr 14, 1950

89 N.L.R.B. 452 (N.L.R.B. 1950)

In the Matter of WATERMAN DOCK COMPANY, INC., AND LYRES LINES
AGENCY, EMPLOYERS and INTERNATIONAL LONGSHOREMEN'S ASSO-
CIATION, LOCAL 1674, ILA DISTRICT COUNCIL OF PUERTO Rico,
A. F. L., PETITIONER
Cases Nos. 38-RC-140 and 38-RC-111.-Decided April 14, 1950
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing was held
before Lewis Moore, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby.
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
these cases to a three-member panel [Chairman Herzog and Members
Houston and Styles].
Upon the entire record in these cases, the Board finds:
1. The Employers are respectively engaged in commerce within the
meaning of the National Labor Relations Act.'
2. The labor organization involved claims to represent certain em-
ployees of the respective Employers.
3. Questions affecting commerce exist concerning the representation
of employees of the Employers within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The appropriate units:
The Petitioner is the recognized bargaining representative of em-
ployees of the respective Employers in the port of San Juan, Puerto
Rico, classified as stevedores, watermen, winchmen, sewers, hatch
tenders, motorists, portable crane operators, coopers, mechanics, car-
penters, electricians, blacksmiths, assistant carpenters, assistant elec-
tricians and assistant blacksmiths, clerks, acting chief receiving clerk,
1 Waterman Dock Company, Inc., the Employer in Case No. 38-RC-140, is herein called
Waterman . Lykes Lines Agency , the Employer in Case No. 38-RC-111 , is herein called
Lykes.
89 NLRB No. 67.
452
WATERMAN DOCK COMPANY, INC. 453
delivery clerk, cargo inspector aboard, gatemen, tally clerks, watching
holds, gas expender, cleaners, laborers, and any other employees em-
ployed in the loading and unloading manual operations of ships, or
the classification of cargo and receipt and delivery of cargo, except
supervisors as defined in the Act. All these employees are hourly paid.
The Petitioner would add to the existing units certain other employ-
ees who are paid on a salary basis. The Employers oppose their
inclusion, contending (1) that such inclusion is contrary to the history
of collective bargaining between the Petitioner and the Employers,
and (2) that all the employees sought, having been considered by the
Employers as "company" employees, and already voluntarily granted
by the Employers special benefits and privileges in accordance with
their respective classifications and status in the Companies, may not
now be appropriately included in the existing units bargained for by
the Petitioner.
We find no merit in either of these contentions. Indeed, with re-
spect to the Employers' first contention, the record appears to indi-
cate quite the contrary. Up until 1946, all work now performed by
variously classified hourly paid and salaried clerks, was performed
by employees simply classified as "clerks" and paid by the hour. In
1946, the Employers placed several of the hourly paid clerks on a salary
basis, but did not change their duties. However, by the change they
were deemed by the parties to fall automatically outside the scope of
the bargaining units. Thereafter, salaried clerks were denied the
benefits of collective bargaining while certain other benefits were vol-
untarily extended to them. The Employers' second contention is
equally untenable. The mere fact that certain benefits have been ex-
tended to certain employees, and denied others, is not sufficient basis
for denying the favored group the right to the benefits of collective
bargaining through a labor organization. The mode of payment alone
is not a determining factor in unit placement.,
The Waterman Case
Window stamping clerk; assistant window, stamping clerk; utility
and office clerk; delivery clerk; crib inspector clerk; assistant pay-
master and timekeeper.-Salaried employees 'in these categories and
hourly paid clerks in the same categories, who are already in the bar-
gaining unit, perform the same or substantially similar duties of check-
ing, unloading, and delivering cargo. When the salaried clerks are
absent, hourly paid clerks substitute for them. Hourly and salaried
2fnternational Harvester Company, Milwaukee Works, 85 NLRB 1175; Watson-Flagg
Machine Co., 83 NLRB 734, and cases cited therein.
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clerks work approximately the same hourly schedule, sometimes work-
ing side by side, and are all supervised by the chief delivery clerk.
The crib inspector clerk maintains a record of all broken cargo to be
repaired at the crib and is in charge of this cargo, pending delivery.
When the crib inspector clerk is absent, the chief delivery clerk or
assistant chief delivery clerk substitutes for him. Although there is
'no hourly paid crib inspector clerk, hourly paid clerks do similar
checking work.
The assistant paymaster and timekeeper assists the paymaster, his
supervisor, iti preparing payrolls, recording the hours worked by
hourly paid employees, and paying employees. About 20 percent of
his time, during the absence of the paymaster, the assistant paymaster
and timekeeper assumes the paymaster's duties to the extent that he
assigns numbers in rotation to stevedores employed by the foremen.
As noted above, all other salaried clerks work under the chief delivery
clerk who also supervises hourly paid employees. The assistant pay-
master and timekeeper, however, and other clerks work in the same
office on the pier. The clerks are essentially of the nature of "plant"
clerks and have interests similar to those of the employees already in
the bargaining unit.
First mechanic; assistant mechanic; first electrician; and janitor.-
The first mechanic, assistant mechanic, first electrician, and janitor
are maintenance employees, who are supervised by the shop superin-
tendent. There are no hourly paid employees carrying the classifica-
tions of first mechanic, first electrician, and janitor. Mechanics
repair and maintain the tow motors, lift trucks, carriers, and machin-
ery used by the longshoremen and stevedores already in the unit. The
first electrician maintains the electric service on the Employer's
premises, and the janitor cleans the office and the stevedores' rest rooms.
All work on the same hourly schedule.
The record discloses no cogent reason to exclude these clerks and
maintenance employees from the existing bargaining unit.3 Moreover,
no other union seeks to represent them in a separate unit.4 We are,
therefore, of the opinion and find that the window stamping clerk,
assistant window stamping clerk, utility and office clerk, delivery
clerk, crib inspector clerk, assistant paymaster and timekeeper, first
mechanic, assistant mechanic, first electrician and janitor, whom the
Petitioner desires to add to the unit of Waterman employees which
it presently represents, may properly form part of said unit if these
employees so desire. We shall, therefore, direct an election among
them. If a majority of employees in this voting group select the
3 Biggs Antique Company, 85 NLRB 554; Bryant Heater Co., 77 NLRB 744.
4 Manin County Employers Council, affiliated with California Association of Employers,
87 NLRB 296 ; J. M. High Company, 78 NLRB 876.
WATERMAN DOCK COMPANY, INC. 455
Petitioner, they will have indicated their desire to be included in the
unit presently represented by the Petitioner and will be a part of
such unit.
The Lykes Case
In this case, as in the Waterman case, supra, the Petitioner would
include in its established unit employees in the following categories :
Gatemen, office clerks, and all other clerks who are working on a
weekly salary basis.
Gatemen: The two gatemen check the cargo on trucks as they leave
the piers and warehouses and sign cart-checks showing that the cargo
has been delivered in the correct amounts. They are entitled to sick
leave with pay, paid vacations, and a share in an annual bonus.
There are no hourly paid gatemen. .
Clerks: Three salaried office clerks, working in the Employer's
office on the pier, prepare the payrolls and time cards and authorize
the delivery of cargo. No hourly paid clerks perform exactly the
same work. Another salaried office clerk performs the duty of
"stamping clerk," which involves checking and then stamping bills
of lading with the notation that the cargo listed thereon may be
delivered. His work is performed in the main office. The chief
receiving and delivery clerk supervises all clerks both hourly paid
and salaried. Two checking clerks, who work on a salary basis,
perform the same checking work as the 8 or 10 hourly paid checkers
who are already included in the unit. They locate the cargo on the
pier, direct the truck drivers to it, and check the delivery to the trucks.
These checking clerks work both on the pier and in and out of the
main office.
We are of the opinion and find that the gatemen, office clerks, check-
ing clerks, and other clerks who are working on a weekly salary basis
may properly form part of the existing bargaining unit if they so
desire and we shall direct an election among them. If a majority
of the employees in this voting group select the Petitioner, they will
thereby have indicated their desire to be included in the unit presently
represented by the Petitioner and will be a part of such unit.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employers, separate elec-
tions 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 supervision of the Regional Director for the Region in which
this case was heard, and subject to Sections 203.61 and 203.62 of
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board Rules and Regulations, among the
employees in the respective groups described.in paragraph number 4,
above, who were employed during the payroll period immediately
preceding the date of this Direction of Elections, including employees,
who did not work during said payroll period because they were ill
or on vacation or temporarily laid off, 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 elections, and also exclud-
ing employees on strike who are not entitled to reinstatement, to
determine whether or not they desire to be represented, for purposes
of collective bargaining, by International Longshoremen's Association,
Local 1674, ILA District Council of Puerto Rico, A. F. L.