Atlantic Towing Co.

National Labor Relations Board - Board DecisionsNov 12, 1946

71 N.L.R.B. 640 (N.L.R.B. 1946)

In the Matter of ATLANTIC TOWING COMPANY, EMPLOYER and SEA- FARERS INTERNATIONAL UNION, A. F. L., PETITIONER Case No. 10-R-1748.-Decided November 12,1946 Messrs. T. M. Cunningham and Frank W. Spencer, of Savannah, Ga., for the Employer. Messrs. George H. Magee and Arthur Thompson, of Savannah, Ga., for the Petitioner. Messrs. John McKinley and John A. Pennington, of Savannah, Ga., for the Intervenor. Mr. Conrad A. Wiclchann, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Savannah, Georgia, on June 24, 1946, before Charles M. Paschal, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. TILE BUSINESS OF THE EMPLOYER Atlantic Towing Company, a Delaware corporation, owns and operates 2 Diesel and 2 steam tugs and 1 water barge in the Port of 1 Before the hearing Petitioner filed a waiver of any right to object to any election which may be directed in the instant proceeding on the basis of any of the acts alleged as unfair labor practices in Case No 10-C-1860 At the hearing it requested delay of the proceed- ing, alleging that other unfair labor practices had occuiied suosequent to the date of its waiver relative to which it intended to file charges However, considerable time has already elapsed since the date of the herring, and no further unfair labor practice charges have been filed in that interval Accoidingly, we see no reason for further delaying the present proceeding Subsequent to the hearing the Employer submitted affidavits to the Board allegedly con- taming newly discovered evidence to refute any imputation at the healing of the commis- sion of unfair labor practices by it, and requested that the Board either receive the affi- davits as evidence in the case, or icopen the record to take such evidence However, inas- much as this evidence is irrelevant to the issues in this representation proceeding, we shall reject these affitlaNits and shall deny the request to reopen the record 71 N L R. B. No 97. 640 ATLANTIC TOWING COMPANY 641 Savannah. Vessels entering the port use the Employer's tugs to nego- tiate the turns in the channel, to shift from the main channel into slips, to shift berths, and to be placed in and removed from drydock. The Employer furnishes the only facilities capable of performing these functions in the Savannah port area and handles an average of from 100 to 125 vessels per month, all of which operate in interstate and foreign commerce . Cessation of the Employer's operations would have a serious effect on the movement of these vessels. The Employer also operates the only water barge in the port, supplying fresh water to these vessels for both drinking and boiler purposes . There are no other water facilities available in the port. We find that the Employer is engaged in commerce within the meaning of the National Labor Relations Act. H. TIIE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with American Federation of Labor, claiming to represent employees of the Employer. National Maritime Union, herein called N. M. U., is a labor organi- zation affiliated with Congress of Industrial Organizations , claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Petitioner seeks a unit of all unlicensed personnel employed by the Employer, excluding office employees, apprentice deck and engineer officers and dock workers. The Employer and the N. Al. U. agree generally with the unit sought, but would enlarge it by including apprentice deck and engineer officers as well as the carpenter, night watchmen and general utility man, whose classification by Petitioner as dock workers they question. Apprentice Deck and Engineer Ofcers: The Employer has four apprentice engineer officers and three apprentice deck officers in its employ. All are unlicensed personnel , have the same hours and ac- commodations and perform the same work on board the tugs as other unlicensed personnel. In fact, the only distinction between the appren- tices and other unlicensed personnel is that they are veterans working 642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as apprentices under the Veterans' Program and receive, in addition to their pay as unlicensed personnel, a stipulated monthly sum from the Government. Although after completing their apprenticeship they may qualify for a license by passing an examination, this does not serve to differentiate them from other unlicensed personnel who may also qualify for a license by passing the same examination. It is clear that the apprentices have a reasonable expectancy of continuing as unlicensed personnel after completing their on-the-job training. Under all the circumstances, we are persuaded that there exists a sufficient community of interest between these employees and the other unlicensed personnel to warrant their inclusion in the unit. We shall, therefore, include them. Carpenter: Although the Employer depends for its large repair jobs on outside contractors, it relies on this employee for the general carpentry and repair work on its docks and on board all its tugs. In the course of this work, the carpenter receives assistance from the tug crew members when required. He is billeted as a crew member on the pay roll of one of the tubs and has sleeping accommodations on board. He receives the same hospitalization and other seamen's bene- fits as the other unlicensed personnel. We are persuaded by the fore- going facts that, contrary to the position of the Petitioner, the work of this employee is more closely related to that of the unlicensed personnel than to that of dock worker. We shall, therefore, include him in the unit. Night 117atchman: This employee is a skilled fireman who is charged primarily with the maintenance of steam and water on the steam tugs. He also acts as a watchman for all the tugs and the water barge. Except when answering the phone on the dock, his duties require him to be on board the tugs at all times, during which period he inspects the bilges and fires, recording these inspections by punching a time clock every hour. Because his primary functions are those of a fire- man, we believe his interests are more closely related to those of the unlicensed personnel than to those of a dock worker and we shall include him in the unit. General Utility Allan: This employee is a former seaman who is employed by the Employer to perform the work of a general utility roan on its tugs, docks, and other equipment. It appears that he is the only person in this classification employed by the Em%loyer, and its only other unlicensed employee. To exclude him, in accordance with Petitioner's request, would therefore deprive him of the oppor- tunity of collective action and representation, since there is apparently no other labor organization at the Employer's operations to which he is eligible for membership. T?nder all the circumstances, and upon ATLANTIC TOWING COMPANY 643 the entire record in the case, we shall include the general utility man in the unit.2 We find that all unlicensed personnel employed by the Employer in the Port of Savannah , Georgia, including all apprentice deck and engineer officers , the carpenter , the general utility man and the night watchmen , but excluding all office employees and all supervisory em- ployees with authority to hire, promote , discharge, discipline, or otherwise effect changes in the status of employees , or effectively recom- mend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 ( b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Atlantic Towing Company, Savannah, Georgia, an election by secret ballot shall be conducted as early as possible, but not later that thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Tenth Region, acting in this natter as agent for the National Labor Relations Board, and subject to Sections 203.55'and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, among the 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 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, to determine whether they desire to be represented by Seafarers' International Union of North America, A. F. L., or by National Maritime Union, C. I. 0., for the purposes of collective bar- gaining, or by neither. I Matter of The dmencan Gage cB Manufacturing Company, 70 N. L. R. B 1273.