Andes Fruit Co.

National Labor Relations Board - Board Decisions

Aug 27, 1959

124 N.L.R.B. 781 (N.L.R.B. 1959)

ANDES FRUIT COMPANY 781
Andes Fruit Company ; Atlantic & Gulf Stevedores , Inc.; J. P.
Florio & Co., Inc.; Lykes Bros . Steamship Co., Inc.; Mississippi
Shipping Company, Inc .; New Orleans Stevedoring Co., Inc.;
Cooper Stevedores of Louisiana , Inc.; New Orleans Steamship
Association ; Ryan Stevedoring Co., Inc . ; Seatrain Lines, Inc. ;
T. Smith & Son, Inc.; Cargo Service , Inc.; Standard Fruit &
Steamship Company; States Marine-Isthmian Agency, Inc.;
Strachai Shipping Company; Texla Stevedoring Company;
United Fruit Company ; Canal Stevedoring , Inc.; Standard
Stevedoring Co., Inc. ' and New Orleans Clerks & Checkers
Union Local 1497, International Longshoremen 's Association,
Ind., Petitioner. Case No. 15-RC-1869. August 27, 1959
DECISION, DIRECTION OF ELECTIONS, AND ORDER
Upon a petition duly filed under Section 9(c) of the National
Labor Relations Act, a hearing was held before William W. Fox,
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 Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employers herein are engaged in commerce within the mean-
ing of the Act.a
2. The labor organization involved claims to represent certain
employees of the Employers herein.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employers within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
4. Each Employer herein, except New Orleans Steamship Associa-
tion, is a steamship operator, a steamship agent, or a stevedoring
company engaged in the transportation or the handling of waterborne
cargo in the port of New Orleans, Louisiana.
The Petitioner, New Orleans Clerks & Checkers Union Local 1497,
International Longshoremen's Association, Ind., currently represents
The names of the Employers appear as corrected at the hearing . Petitioner ' s motion
to withdraw its petition with respect to Estrella Fruit Shipping Corporation and John B.
Honor & Co. , Inc., was granted.
2 This finding is based on the stipulation of all Employers except New Orleans Steamship
Association and Cargo Service , Inc., that they are engaged in interstate and/or foreign
commerce . The record as to Cargo Service, Inc ., shows this Employer in 1958 received in
excess of $50,000 for stevedoring services performed for Effo Banana Sales Corporation,
an importer of bananas from Ecuador. We find that it will effectuate the policies of the
Act to assert jurisdiction over Cargo. HPO Service, Inc., 122 NLRB 394. Because of
our disposition of the unit question herein, it is unnecessary for us to determine whether
New Orleans Steamship Association is engaged in commerce within the meaning of the Act.
124 NLRB No. 91.
782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tally clerks and checkers employed by certain of the Employers herein.
and has contracts with such individual Employers.' The scope of
the work covered in these contracts is the checking or tallying of
freight and paper work in connection therewith. Petitioner now seeks
to represent timekeepers,4 paymasters, and certain clerical employeess
of the named Employers. The clerical employees the Petitioner seeks
to represent perform clerical duties incidental to timekeeping, includ-
ing the preparation or transposition of payroll or time records and
the computation of various labor changes and pay due employees..
The Petitioner also seeks to represent any employees engaged in safety
work, and those who prepare accident reports or work in connection
therewith.
The Petitioner would represent the above employees in a multi-
employer portwide unit. However, the Petitioner states that if for
any reason a portwide unit of any nature is not found to be appro-
priate, it would represent timekeepers on an individual employer
basis. The Employers contend that only individual employer units
are appropriate.
The Petitioner's contention that a multiemployer portwide unit is
appropriate centers mainly on the functions of the New Orleans
Steamship Association with respect to the negotiation and adminis-
tration of collective-bargaining contracts with the Petitioner and
other longshore locals in the port of New Orleans. The Petitioner
asserts that the Association negotiates and administers these contracts.
The Association disputes this. A similar contention was raised by the
Petitioner herein in Aluminum Line, et al., 8 NLRB 1325, where peti-
tions were filed by various labor organizations for portwide units of
longshoremen and by the Petitioner for a portwide unit of clerks and
checkers. The Board therein found separate units of employees of
each company to be appropriate.' In its decision establishing such
units, the Board excluded from Petitioner's units therein, the. time-
keepers now sought by Petitioner. The record herein shows that the
timekeepers have never been covered by any collective-bargaining
contract and that, although Petitioner has sought to bargain for then
with the Association, the Association has refused on the ground that
it had no authority to discuss their status.
3In the cases of Strachan Shipping Company, Mississippi Shipping Company, Inc.,
T. Smith & Son, Inc., and Ryan Stevedoring Co., Inc., the Petitioner was certified for
such units.
'We note that the difference between tally clerks and checkers and the timekeepers
herein involved is that the clerks and checkers check cargo to and from ships, while time,
keepers keep longshore time, i.e., hours worked by longshoremen, and commodity time,
i.e., a record of time spent by longshoremen loading or unloading a specific commodity or
doing some other work.
5 The Board directed elections for clerks and checkers units of various employers in-
eluding some of the instant employers and subsequently certified the Petitioner in four
units. See footnote 3, above.
ANDES FRUIT COMPANY 783
Thus, there is no history of bargaining with respect to timekeepers.
Therefore, even were we to assume, as contended by the Petitioner,
that since our previous decision the Association has, in fact, bargained
on a portwide basis,' such fact would not be controlling as to the
appropriate unit for the unrepresented timekeepers. See Continental
Baking Company, Wonder Bakery, 109 NLRB 33, and cases cited
therein. Mutual consent of the union and employers involved is
a basic ingredient necessary to support the appropriateness of a multi-
employer unit. In the instant case, the Employers have shown their
intent to pursue an individual course of bargaining with respect to
timekeepers.
Accordingly, there is here no basis for finding that a portwide unit
of timekeepers is appropriate. In the circumstances, we conclude that
the representation of the timekeepers must be confined to single
employer units. We therefore now proceed to a consideration of such
units.
Andes Fruit Company : Andes acts as agent for banana companies
and employs a contract stevedore, Canal Stevedoring, Inc., one of the
other Employers herein.' When a banana ship comes in, Andes em-
ploys supervisors, inspectors, and "paper men" who are represented
by another longshore local. It has no classification of timekeeper.
Petitioner seeks to represent Andes' paymaster, a permanent, salaried
employee who, among other duties, pays off the above personnel. As
the paymaster is the only employee of Andes sought by Petitioner, we
shall, in accordance with Board policy, dismiss the petition with
respect to Andes Fruit Company.'
Strachan Shipping Company : The Petitioner was certified for a
clerks and checkers unit of Strachan's employees and has a current
contract covering this unit. Strachan acts as agent for vessels and
performs stevedoring services for the companies it represents. Gen-
erally, the time of its longshoremen is kept by the gang foremen or
the "pusher" of each gang. Half of the gang foremen regularly have
pushers who keep longshore time, commodity time being kept by the
foreman. The pusher obtains the time from the foreman's book,
devoting nearly an hour a day so doing.
Employee Paul Smith regularly acts as a pusher at the company's
grain elevator, spending most of his time in keeping both longshore
and commodity time. We find Smith is regularly employed as a
timekeeper who may properly be added to the Petitioner's units In
6 We note the latest contract the Petitioner negotiated in the port of New Orleans was
executed by the Petitioner and "the undersigned Employer Companies (each Company
acting individually and on its own behalf and not jointly)."
7A "contract stevedore" performs services for any employer, whereas a "house steve-
dore" performs service primarily for its parent company, though it may at tines do
contract stevedoring.
8 Luckenbaeh Steamship Company, Inc ., et at., 2 NLRB 181, 193.
9 The Yale and Towne Manufacturing Company, 112 NLRB 1268; New York Shipping
Association and its members, 107 NLRB 364.
784 DECISIONS OF NATIGNAL LABOR RELATIONS BOARD
addition, when Strachan is performing grain fitting jobs (as distinct
from grain loading) other employees are assigned, as they are needed;
to timekeeping at the elevator. These include Bonvillion, a dispatcher
of motor vehicles; Dwelle, a statistician; Sequally, assistant to the
wharf superintendent; Fourney and Kirst, checkers; and Lendquist,
an assistant superintendent trainee. However, as the timekeeping
function of these employees is a very minor part of their regular work,
we do not find them to be timekeepers. Similarly, we find that Boesch,
general clerk in the wharf office, is not a timekeeper but an office
clerical who spends less than an hour a day processing time data turned
into the office.10
It thus appears that employee Smith is the only timekeeper in the
unit sought. As he is currently represented by a sister local of the
Petitioner and as the Petitioner "is not seeking to represent employees
already represented by any of. the other ILA locals," we shall not
grant Smith a self-determination election.12 Accordingly, we shall
dismiss the petition with respect to Strachan Shipping Company.
New Orleans Stevedoring Co., Inc.: This company is a contract
stevedore and has a current contract with the Petitioner covering
clerks and checkers. It employs three full-time timekeepers who are
permanent employees and paid on an annual basis. They check long-
shoremen in and follow their operations on ships, keeping both long-
shore and commodity time. We find the timekeepers are plant clericals
who may appropriately be added to the existing clerks and checkers
unit, if they so desire. Another employee who is classified as safety
director handles safety matters on the wharf and ships and fills out
accident reports. In addition he spends approximately one-third of
his time in timekeeping work. We find he is a plant clerical who may
be included in the timekeepers' voting group.13 An office clerk, Steib,
does not go on the ships or keep time but works in an office adjacent to
the ships, processing the time reports and doing preliminary cost
accounting work. We find that Steib is not a timekeeper but is an
office clerical whom we shall exclude.14
We shall, therefore, direct an election in the following voting group :
All timekeepers of New Orleans Stevedoring Co., Inc., port of New
Orleans, including the safety director but excluding the wharf office
clerk and all other employees.
Mississippi Shipping Company, Inc.: This company is a contract
stevedore and has a current contract with Petitioner for a certified
unit of clerks and checkers. It regularly employs two full-time time-
10 Mead-Atlanta Paper Company, 123 NLRB 306.
n Petitioner's brief to the Board, p. 7.
12 Cf . Arcade Manufacturing Division of Rockwell Manufacturing Company, 96 NLRB
116, where the Board directed a self-determination election for one timekeeper. See also
Divco-Wayne Corporation, Wayne Works Division, 122 NLRB 162.
13 The Yale and Towne Manufacturing Company, supra, at p . 1270 ; Divco-Wayne Corpo-
ration, Wayne Works Division, supra.
14 Mead-Atlanta Paper Company, supra.
ANDES FRUIT COMPANY 785
keepers, George Chauff and Elroy Heausler, who are employed on an
hourly basis. We find these employees are plant clericals who may
appropriately be added to the existing clerks and checkers unit, if
they so desire. The company also employs Stanley Chripler as a
part-time timekeeper. Chripler is a permanent full-time employee,
performing odd jobs around the docks and acting as a timekeeper only
once or twice a month. In these circumstances, we shall exclude
Chripler from the voting group.
We shall, therefore, direct an election in the following voting group :
All full-time regular timekeepers employed by Mississippi Shipping
Company, Inc., at the port of New Orleans, but excluding the part-
time timekeeper and all other employees.
Ryan Stevedoring Co., Inc.: Ryan is a contract stevedore and has
a current contract with the Petitioner for a certified unit of clerks and
checkers. The record shows that Ryan has no classification of time-
keeper. Time is kept by gang foremen and turned over to a paymaster,
a full-time permanent employee. The paymaster is supervised by the
office manager and works in his own office, away from the docks and
ships, performing many functions other than working on timesheets.
We find that the paymaster is an office clerical employee and shall,
therefore, dismiss the petition with respect to Ryan Stevedoring Co.,
Inc.,,
Seatrain Lines, Inc.: As this company performs no stevedoring
work and has no employees in the classification sought by the Peti-
tioner, we shall dismiss the petition with respect to it.
J. P. Florio - cC Co., Inc.: Florio is a house stevedore and -has a
current contract with the Petitioner for a clerks and checkers unit.
Florio has a head timekeeper and two assistant and two extra time-
keepers. The head timekeeper supervises the assistant and extra
timekeepers, assigning them to the various docks and ships, and
responsibly directing them in the performance of their work. He
,can effectively recommend their discharge. We therefore shall exclude
the head timekeeper as a supervisor. The assistant timekeepers are
full-time, permanent employees who regularly keep both longshore
and commodity time and, when not engaged in timekeeping, do statis-
tical work on commodity time. The two extra timekeepers have
worked regularly as timekeepers on an average of 5 days or more a
month. We find the timekeepers are plant clericals who may appro-
priately be. added to the existing clerks and checkers unit, if they so
desire.
We shall, therefore, direct an election in the following voting group:
All timekeepers, both assistants and regular extras, employed by
J. P. Florio, & Co., Inc., at the. port of New Orleans, excluding the
head timekeeper and all other employees. -
'6 Mead-Atlanta Paper Company, supra.
525543-60--vol. 124-51
786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Standard Stevedoring Co., Inc.: Standard is a contract stevedore
and has a current contract with Petitioner for a clerks and checkers
unit. Standard has no timekeepers as such, time being kept by gang
foremen. The Petitioner seeks an administrative assistant, Koski, a
full-time, permanent employee with varied duties, who works in the
company office under the supervision of the company president. He
does not keep time but on occasions writes up extra labor or overtime
sheets.
We find that the administrative assistant is an office clerical and may
not be properly added to the existing unit.'s
We shall, therefore, dismiss the petition with respect to Standard
Stevedoring Co., Inc.
Lykes Bros. Steamship Co., Inc.: Lykes owns and operates mer-
chant vessels and has a current contract with the Petitioner for a
clerks and checkers unit. Lykes employs no longshoremen and has no
timekeepers, as such. However, it employs two administrative as-
sistants who do timekeeping work. One, Vinson, is in charge of
dunnage and keeps the hourly time for a crew of 8 to 16 laborers. He
breaks the hours down to commodity time, keeps commodity informa-
tion, at times personally checks on the laborers, and makes out cards
for the men to be paid, spending 65 percent of his time in timekeeping
duties. We find that he is a timekeeper and a plant clerical employee.
The other assistant, Benevenutti, spends about two-thirds of his time
on clerical timekeeping records. He has no occasion to go on the
wharves or ships, keeps no actual time of any sort, and is wholly en-
gaged in office clerical duties. We find he is not a timekeeper. We
shall, therefore, exclude Benevenutti as an office clerical employee but
shall grant Vinson a self-determination election."
We shall, therefore, direct an election in a voting group composed
of the timekeeper employed by Lykes Bros. Steamship Co., Inc., at the
port of New Orleans, excluding all other employees.
States Marine-Isthmian Agency, Inc.: This company is a steamship
agency for several steamship lines and has.a current contract with the
Petitioner for a clerks and checkers unit. States uses contract steve-
dores ; it has no timekeepers to record longshore time, and commodity
time is kept by the wharf clerks who are hired daily, as needed, through
the Petitioner. States has a chief clerk who recapitulates the com-
modity time submitted by the wharf clerks and collects the timesheets
compiled by the clerks, entering this information in a ,book. This
work, however, takes approximately only an hour a day. The rest of
his time is spent performing varied office duties in the office. We find,
therefore,that the chief clerk is an office clerical employee. The Peti-
tioner also seeks to represent the wharf clerks with respect to their
16 1 bid.
27 Arcade Manufacturing Division of Rockwell Manufacturing Company, supra.
ANDES FRUIT COMPANY 787
timekeeping duties. There is nothing in the record, however; to show
that their timekeeping duties are more than incidental to their duties
as wharf clerks.
As there are no other employees in the classification sought by the
Petitioner, we shall dismiss the petition with respect to States Marine
Isthmian Agency, Inc.
T. Smith & Son, Inc.: Smith is a contract stevedore. The Peti-
tioner was certified for a unit of Smith's clerks and checkers and has a
current contract. Longshore time is kept by gang foremen and com-
modity time by the superintendent or assistant superintendent (called
assistants) in charge of each vessel. An assistant is employed when-
ever a superintendent is working too many longshore gangs to be able
to handle his various reports personally. Six assistants are regularly
hired several times weekly ; they devote their time to keeping com-
modity time. However, the record shows that of the six assistants, four
are regularly hired as superintendents, and as such, supervise and
responsibly direct the assistants assigned. Accordingly, we find that
these four assistants 18 are supervisors and shall exclude them from the
voting group hereinafter set forth. As the remaining assistants 11 are
hired and act only as assistants, we find that they may appropriately
be added to the Petitioner's existing unit; if they so desire.
We shall, therefore, direct an election in the following voting group :
All timekeepers, assistant superintendents, and assistants to super-
intendents who are not regularly hired as superintendents, employed
by T. Smith & Son, Inc., at the port of New Orleans, but excluding
superintendents, supervisors as defined in the Act, and all other
employees.
Cargo Service, Inc.: Cargo is house stevedore for Effo Banana Sales
Corporation. When a banana ship is in for unloading, Cargo em-
ploys three timekeepers who regularly work, 1 day a week, keeping
longshore and commodity time. These timekeepers are currently
unrepresented. Cargo also employs tally clerks and checkers, cur-
rently represented by Local 1515, ILA, a sister local, whom the Peti-
tioner does not seek to represent.
We find the following employees constitute a residual unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9(b) of the Act:
All timekeepers regularly employed by Cargo Service, Inc., at the
port of New Orleans, excluding all other employees and supervisors.
as defined in the Act.
United Fruit Company : United Fruit operates vessels.in foreign
trade, principally in the importation of bananas. Its clerks and
checkers, at its general freight wharves, but not at its banana and
18lnnagazzio , Barry, April , and Bonnett.
19 Stierwald and Wigginton.
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other wharves, are currently represented by the Petitioner. The
Employer's southern division at the port of New Orleans has, as part
of its steamship department, a timekeeping department with a head
timekeeper and eight assistant timekeepers who keep longshore and
commodity time at all wharves.
The record shows that the United timekeepers are permanent em-
ployees, paid on an annual salary basis. They participate in all the
Company's administrative benefits, which are granted to employees
as a nationwide group and which are not available to hourly, non-
permanent employees. Timekeepers are paid full salary though, at
times, they may work on an average of only 25 to 30 hours a week,
depending on whether ships are in port. The timekeepers may pro-
gress to higher clerical or administrative classifications. They are
paid according to merit, with a minimum salary for new employees,
and with progression upward to a maximum salary for the classifica-
tion. Such progression is not automatic, but based on excellence of
performance.
Petitioner and United agree that the timekeepers of United may
constitute a separate appropriate unit. We concur as from the record
it appears that the timekeepers are the only unrepresented production
and maintenance employees and comprise a residue of plant clerical
employees. Accordingly, we find that they are a residual group and
constitute a separate appropriate unit a0 As the record clearly shows
that the head timekeeper responsibly directs the assistant timekeepers
and may effectively discipline them and recommend changes in their
status, we find he is a supervisor and shall exclude him from the unit ai
Accordingly, we find that the following employees constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9(b) of the Act:
All timekeepers employed by the United Fruit Company at the port
of New Orleans, excluding the head timekeeper, wharf audit clerks,
all other employees, guards, and all supervisors as defined in the Act.
Canal Stevedoring, Inc.: Canal is a contract stevedore for banana
boats of Andes Fruit Company. It employs no timekeeper classifica-
tions. Instead, whenever a banana boat is to be unloaded, it hires
two full-time members of the New Orleans Police Department. These
men go to the bank on the day a ship is in, pick up the company pay-
roll, and bring it to a wharf shack. There, one of the men computes
the longshore time and the other pays off the men. Both are armed
with their own police revolvers. The Petitioner admits that one of
these men may be a guard because he is hired as a guard and receives
OD The Yale and Towne Manufacturing Company, aupra, at p. 1270.
we shall also exclude' wharf audit clerks who check materials and ships ' stores for
delivery to the ships and take inventories of materials and ships' stores on the ships. It is
not clear whether Petitioner contends the wharf audit clerks are timekeepers but as it
is evident that they are not timekeepers , we shall exclude them from the unit.
ANDES FRUIT COMPANY 789
extra compensation. However, as the other is hired as a combination
timekeeper and guard for the protection of the payroll, we find that
he is a guard also.22
We shall, therefore, dismiss the petition with respect to Canal Steve-
doring, Inc.
Standard Fruit & Steamship Company: Petitioner has a current
contract with Standard, covering tally clerks and checkers on the
company's freight wharf. Standard's tally clerks on the banana
wharves are covered by contracts with other ILA locals.
. Standard has four timekeepers not covered by any contract who
generally work on the banana boats recording longshore time. They
also work on the freight wharf and keep longshore and commodity
time. They are separately supervised by the wharf superintendent.
The timekeepers are salaried, permanent employees who participate
in all companywide administrative benefits which are not available
to hourly or nonpermanent employees. Standard agrees that a unit
of the four timekeepers may constitute an appropriate unit for bar-
gaining. For the reasons set forth above with respect to United Fruit,
we find the timekeepers of Standard are a residual group of plant
clerical employees and constitute a separate appropriate unit.
Accordingly, we find the following employees constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9(b) of the Act:
All timekeepers employed by Standard Fruit & Steamship Com-
pany, at the port of New Orleans, excluding tally clerks and checkers,
all other employees, guards, and all supervisors as defined in the Act.
Atlantic dl Gulf Stevedores, Inc.: Atlantic, a wholly owned sub-
sidiary of John W. McGrath Corporation, a nationwide stevedoring
company, has a current contract with the Petitioner covering tally
clerks and checkers. It employs three full-time, salaried, permanent
timekeepers who keep longshore time and a rough record of com-
modity time for company files. As administrative employees, they
share in all McGrath nationwide benefits and are separately super-
vised by the office manager. Petitioner seeks to add the timekeepers
to the unit of clerks and checkers which it currently represents.
Atlantic objects to the inclusion of the timekeepers in the existing
unit, alleging there is not sufficient community of interest between the
clerks and checkers and the timekeepers to warrant such inclusion.
However, as the timekeepers, like the clerks and checkers, are plant
clericals, and as the Petitioner represents all other plant clericals
of Atlantic, we find that the timekeepers may appropriately be added
to the existing clerks and checkers unit, if they so desire.
We shall, therefore, direct an election in the following voting group :
All timekeepers employed by Atlantic & Gulf Stevedores, Inc., at
reWalterboro Manufacturing Corporation, 106, NLRB 1383.
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the port of New Orleans, excluding tally clerks and checkers, all other
employees, guards, and all supervisors as defined in the Act.
Cooper Stevedores of Louisiana, Inc.: Cooper is engaged in loading
scrap iron and has a contract with the Petitioner covering tally clerks
and checkers. Edward T. Jennings is employed by Cooper as a. tally
clerk whenever a ship is to be loaded, and worked about 45 days in
1958. His main duties are to order rail cars filled with scrap iron into
the dock and to keep a record thereof. In addition, he receives long-
shore time of a gang of men from the gang foreman, makes a copy
thereof, and forwards it to the superintendent. Other persons then
make the computations. He keeps no commodity time. Jennings
generally distributes the paychecks to the longshoremen, but makes no
physical checks on their attendance. As Jennings spends, at most, a
few minutes a day copying the time of approximately nine men from
the foreman's book and distributing the paychecks to them, we find
that he is not a timekeeper and that his timekeeping work is incidental
to his job as tally clerk.
We shall, therefore, dismiss the petition with respect to Cooper
Stevedores of Louisiana, Inc.
Texla Stevedoring Company : Texla is engaged in general steve-
doring work on grain ships in the port of New Orleans and has a
current contract with the Petitioner covering a clerks and checkers
unit. In 1958, it regularly employed Clifford Thompson, Jr., as a
timekeeper whenever it had a ship to load. His work consisted of
keeping the time of longshore gangs, and other timekeeping duties,
devoting his full time to the same. The record shows Thompson is
the only timekeeper employed by Texla. We find Thompson is a time-
keeper and that he may be included in the Petitioner's existing bar-
gaining unit, if he so desires.
We shall, therefore, direct that a self-determination election be
held in a voting group composed of the timekeeper regularly employed
by Texla. Stevedoring Company at the port of New Orleans, excluding
all other employees.
New Orleans Steamship Association: The Association was made a
party to these proceedings on Petitioner's theory of a multiemployer
or portwide employer. The Association itself has no employees in the
classification sought by Petitioner. Because of our finding that only
individual employer units are appropriate herein, we shall dismiss the
petition with respect to the New Orleans Steamship Association.
Conclusions as to the Units and Voting Groups
We have found that timekeeper units of employees of the several
employers listed in "Appendix A" are appropriate for the purposes
of collective bargaining and we shall direct elections for employees
in these units.23
zv The Petitioner made an. adequate showing of interest for Its proposed unit. However,
the Board is not directing an election in this unit but in 10 separate units or voting
ANDES FRUIT COMPANY 791
We shall also direct elections for the separate voting groups listed
in "Appendix B." 24 If a majority of the employees in any such group
vote for the Petitioner, they will be taken to have indicated their
desire to be included in the existing clerks and checkers unit of em-
ployees of their respective employers. If a majority of the employees
in any voting group vote against the Petitioner, they will be taken to
have indicated their desire to remain outside such existing unit. In
either event, the Regional Director is instructed to issue a certification
of the results of the election to such effect.
[Text of Direction of Elections omitted from publication.]
[The Board dismissed the petition with respect to the Employers
listed in Appendix C.]
groups. The Petitioner's proof of interest does not reveal whether in each of these units
or voting groups it has the 30 -percent showing which is administratively required as a
precondition to holding an election . The Regional Director is therefore instructed to re-
check the Petitioner 's proof of interest to ascertain whether at the time of the hearing,
it had the required showing of interest in each of the units or voting groups. If the
Petitioner is unable to furnish such proof as to any unit or voting group , the Regional
Director is directed not to conduct an election in such unit or voting group, but to dismiss
the petition with respect to the Employer concerned . Koehring Southern Company, 108
NLRB 1131, at p. 1134.
24 The Zia Company, 108 NLRB 1134.
APPENDIX A
Cargo Service, Inc.
Standard Fruit & Steamship Company
United Fruit Company
APPENDIX B
Atlantic & Gulf Stevedores, Inc.
J. P. Florio &- Co., Inc.
Lykes Bros. Steamship Co., Inc.
Mississippi Shipping Company, Inc.
New Orleans Stevedoring Co., Inc.
T. Smith & Son, Inc.
Texla Stevedoring Company
APPENDIX C
Andes Fruit Company
Canal Stevedoring, Inc.
Cooper Stevedores of Louisiana, Inc.
New Orleans Steamship Association
Ryan Stevedoring Co., Inc.
Seatrain Lines, Inc.
Standard Stevedoring Co., Inc.
Strachan Shipping Company
States Marine-Isthmian Agency, Inc.