Bull Insular Lines, Inc., Et Al.

National Labor Relations Board - Board Decisions

Sep 27, 1954

110 N.L.R.B. 63 (N.L.R.B. 1954)

BULL INSULAR LINES, INC. 63
ready paid, and said he was going to replace Horton as foreman, "but if he did it
would be someone who did not join the union."
Robert A. Baker testified that about noon on Sunday, April 26, 1953, Frank
Simmons telephoned him, and among other things, promised him an increase in pay
if he did not go to the union meeting that afternoon. Likewise, William H. Parker
testified that about noon, on April 26, Frank Simmons telephoned him and said
that he would make it worth Parker's while if Parker did not go to the union meet-
ing. Parker further testified that on the evening of the same day Simmons again
telephoned him and asked him who had attended the meeting and who had taken
the obligation.
Jack C. Byerley testified that on June 3, Jim Orr, the then foreman of the com-
posing room, told the witness "that anybody caught going to the union meetings would
be fired." Byerley further testified that on June 24 when he advised Jim Orr, that he
was going to see Mr. Wilkerson, the Board field examiner, Orr asked Byerley if he
remembered what he had been told the other time. Byerley said he did and Orr re-
plied, "Well, you can tell that union to get you all a job."
I find that the Respondent has interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed them by Section 7 of the Act, in violation of
Section 8 (a) (1) of the Act, by: (a) Questioning its employees in regard to their
membership in, sympathy for, and activities on behalf of the Union; (b) promising
benefits to its employees if they do not join the Union or engage in union activi-
ties; (c) threatening employees with possible discharge and foreclosure of oppor-
tunity for advancement to the position of foreman if they join the Union; (d) engag-
ing in surveillance of union meetings for the purpose of discouraging membership in,
sympathy for, and activities on behalf of the Union by its employees.
N. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent, set forth in section III, above, occurring in con-
nection with the operations of the Respondent described in section II, above, have
a close, intimate, and substantial relation to trade, traffic, and commerce among
the several States and tend to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
Upon the basis of the foregoing findings of fact, and upon the entire record in
the case, I make the following:
CONCLUSIONS OF LAW
1. Publishers Printing Company, Incorporated , is, and at all times relevant herein
was, engaged in commerce within the meaning of Section 2 (6) and (7) of the Act.
2. By interfering with , restraining , and coercing its employees in the exercise of the
rights guaranteed them in Section 7 of the Act, the Respondent has engaged in and
is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of
the Act.
3. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
BULL INSULAR LINES, INC., ET AL. and INTERNATIONAL LONGSHORE-
MENI S ASSOCIATION DISTRICT COUNCIL OF THE PORTS OF PUERTO RICO
(ILA), PETITIONER
PUERTO Rico MARINE CORP. ET AL. and UNION DE TRABAJADORES DE
ABORDO Y MUELLE DE PONCE INDEPENDENTE, PETITIONER
EASTERN SUGAR ASSOCIATES (A TRUST), PETITIONER and LOCAL UNION
No. 1745, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION (ILA)
PUERTO Rico DRY DOCK AND MARINE TERMINAL, INC. and CONFEDERA-
CION GENERAL DE TRABAJADORES DE PUERTO Rico (AUTENTICA), PE-
TITIONER
110 NLRB No. 12.
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
BULL INSULAR LINE, INC., ET AL. and UNION DE EMPLEADOS DE MUELLES
DE PUERTO Rico, PETITIONER
BULL INSULAR LINE , INC., PETITIONER and INTERNATIONAL LONGSHORE-
MEN'S ASSOCIATION DISTRICT COUNCIL OF PORTS OF P. R.
MENDEZ & CIA., INC. and UNION DE EMPLEADOS DE MUELLES DE PUERTO
RICO, PETITIONER
PUERTO RICO STEAMSHIP ASSOCIATION, ET AL. and UNION DE TRABA-
JADORES DE MUELLES Y RAMAS ANEXAS DE PUERTO RICO (UTM)
AFL, PETITIONER
PUERTO Rico STEAMSHIP ASSOCIATION, PETITIONER and INTERNATIONAL
LONGSHOREMEN'S ASSOCIATION
PUERTO RICO STEAMSHIP ASSOCIATION, PETITIONER and INTERNATIONAL
LONGSHOREMEN'S ASSOCIATION . Cases Nos. 24-RC-197,24-RC-248,
24-RM-8, .4-RC-225, 24-RC-359, 24-RM-1., 24-RC-246, 24-RC-
663, 24-RM-21, and 24-RM-22. September 27,1954
Second Supplemental Decision , Order, and Certification of
Representatives
On May 18, 1954, the Board issued a Supplemental Decision, Direc-
tion, and Certification in the above-entitled cases. In that Decision
(108 NLRB 900), the Board deferred certification for voting group 3
(Cases Nos. 24-RC-359 and 24-RM-12) pending the count of chal-
lenged ballots in accordance with the recommendation of the Regional
Director. Thereafter, pursuant to the Board's direction to the Re-
gional Director to open and count certain challenged ballots, the Re-
gional Director prepared and served upon the parties a supplemental
tally of ballots in which it appeared that the Union de Empleados de
Muelles de Puerto Rico, (UDEM), had received a majority of the
valid votes cast in the election for this voting group. Subsequent
thereto, the UDEM filed a motion with the Board in which it stated
that it had become affiliated with the American Federation of Labor
and requested that it be certified as "Union de Empleados de Muelles
de Puerto Rico (A. F. of L.), Local 24927." The Association, here
called the Employer, has been apprised of the motion and the relief
demanded therein, and has stated that it has no objection thereto.
The Board has considered the motion of the UDEM and upon the
basis of the entire record, including the statement of the Employer,
and we shall grant the UDEM the relief sought.'
The Board amended the Decision and Direction of Elections issued
January 5, 1954, by changing the name of the UDEM to read : Union
de Empleados de Muelles de Puerto Rico (A. F. of L.), Local 24927.
1 See National Tube Company, 78 NLRB 110 See also Dixie Dairies Division of the
Borden Company, 104 NLRB 1031.
THE LIBERAL MARKET, INC. 65
[The Board certified the Union de Empleados de Muelles de Puerto.
Rico (A. F. of L.), Local 24927, as the designated collective-bar-
gaining representative of the employees of employer members of the
Puerto Rico Steamship Association of San Juan, in the unit of
checkers and related classifications found appropriate above in Cases
Nos. 24-RC-359 and 24-RM-21.]
MEMBER MURDOCK took no part in the consideration of the above
Second Supplemental Decision, Order, and Certification of Repre-
sentatives.
THE LIBERAL MARKET, INC. and RETAIL CLERKS UNION 1552 , RETAIL,
CLERKS INTERNATIONAL ASSOCIATION , AFL, PETITIONER. Case
No. 9-RC-2289. September 27, 1954
Decision and Direction of Election
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. 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.
this case to a three-member panel [Chairman Farmer and Members,
Rodgers and Beeson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.'
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bergaining within the mean-
ing of Section 9 (b) of the Act: 2
1 The motion of the Employer to dismiss on the grounds of contract bar is denied because
the petition herein was filed timely before the automatic renewal date of the contract.
Central Ruflna, 108 NLRB 307.
We find no merit in the contention of the Employer that the petition was defective
because the Employer had no opportunity to reply to the request for recognition which
was received after the petition was filed. See American Tobacco Company, Incorporated,
108 NLRB 1211.
2 The parties agree as to the unit except as to the approximately 224 part-time employees
whom the Petitioner would include and the Employer and Intervenor would exclude. The
part-time employees classified as "fill-ins" and "box boys" average approximately 10 to 12
or 15 hours of work within a week. On Friday afternoon and Saturday, the "fill-ins" gen-.
110 NLRB No. 131.
338207-55-vol. 110-6