Campbell Transportation Co.

National Labor Relations Board - Board Decisions

Nov 17, 1941

36 N.L.R.B. 1030 (N.L.R.B. 1941)

In the Matter-of CAMPBELL TRANSPORTATION COMPANY and NATIONAL
ORGANIZATION MASTERS, MATES & PILOTS OF AMERICA,- LOCAL No. 25,
Case 'No. R-3170:=Decided. November 17, 1941
Jurisdiction : water transportation industry.
Investigation and Certification of Representatives : existence of question • re-
fusal to bargain with the union until certified by the Board ; organization
which after the hearing claimed an interest but presented no proof that it
represented employees in the unit, allowed 10 days to present such proof and
to move to intervene; election necessary.
Unit Appropriate for Collective Bargaining : masters and pilots employed by the
Company in the operation of its six tow boats on the Mississippi River and
its tributaries.
Thorp, Bostwick, Reed dl Armstrong, by Mr. John E. Laughlin,
Jr., of Pittsburgh, Pa., for the Company.
Mr. W. H. Gri fth, of Pittsburgh, Pa., for the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT.OF THE CASE
National Organization Masters, Mates & Pilots of America, Local
No. 25, herein called the Union, filed with the Regional Director for-
the Sixth Region (Pittsburgh, Pennsylvania) a petition on August
13, 1941, and a first amended petition on September 26, 1941, alleging
,that a question affecting commerce had arisen concerning representa-
tion of employees of Campbell Transportation Company, Pittsburgh,
,Pennsylvania, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On October 9, 1941, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
36 N L R B. No 211.
1030
CAMPBELL TRANSPORTATION COMPANY 1031
On October 14, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on October 21, 1941,
at Pittsburgh, Pennsylvania, before Henry Shore, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the Union appeared by counsel or their representatives and partici-
pated in the hearing. Full opportunity to be heard, to'examine and
cross-examine witnesses, and to introduce evidence bearing "upon the
issues was afforded all parties. At the hearing the Trial Examiner
introduced into evidence a letter from National Maritime Union of
America, hereinafter called N. M. U., Stating that N.' M. U. made no
claim to represent employees involved in these proceedings. During
the course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
On November 6, 1941, the Mississippi and Ohio River Pilots Asso-
ciation, Inc., notified the Board by telegram that it represented cer-
tain employees in these proceedings and requested that its name be
placed on the ballot if the Board should order an election. The Board
has considered the request.,
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Campbell Transportation Company, is a Delaware corporation with
its principal place of business in Pittsburgh, Pennsylvania. All the
outstanding capital stock of the Company is owned by Mississippi
Barge Lines, Inc., a Missouri corporation. The Company is engaged
in the business of river transportation and operates 6 tow boats, 47 open
hopper barges, 25 covered barges, and 19 tank barges on the Mississippi
River and its tributaries. The vessels of the Company load and dis-
charge cargoes at 90 ports of call in more than 11 States of the United
States. During 1940 the Company transported on its river boats ap-
proximately 840,000 tons of iron and steel, petroleum products, coal,
coke, pig iron, potash, and a miscellaneous variety of other commodi-
ties. About 90 per cent of this tonnage was transported between the
States of the United States. The Company is classified as a common
carrier by water under the Interstate Commerce Act.
For the purpose of these proceedings, the Company agrees that it is
engaged in interstate commerce within the meaning of the Act. We
find that the Company is engaged in trade, traffic, transportation, and
1 See Section V, infra.
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
commerce among the several States and that the masters and pilots em-
ployed by the Company aboard its tow boats are directly engaged in
such trade, traffic, transportation, and commerce.
IT. THE ORGANIZATION INVOLVED
National Organization Masters, Mates & Pilots of America, Local
No. 25, affiliated with the American Federation of Labor, is a labor
organization admitting to membership certain employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
Sometime in August 1941 the Union requested that the Company
bargain with it as the exclusive representative of certain of its employ-
ees. The Company stated that it would not grant this request until the
Union was certified by the Board as such representative.
A statement by the Regional Director introduced into evidence shows
that the Union represents a substantial number of employees in the
collective bargaining unit hereinafter found to be appropriate.2
We find that a question has arisen concerning representation of
employees of the Company and that such question tends to lead to
labor disputes burdening and obstructing commerce and the free
flow of commerce.
IV. THE APPROPRIATE UNIT
The Union contends, without objection from the Company, that
the appropriate unit consists of all the masters and pilots employed
by the Company in the operation of its six tow boats on the Mis-
sissippi River and its tributaries.3 The evidence shows that all
employees on the six tow boats except the masters, pilots, and
engineers bargain collectively through the N. M. U. and are at
present covered by a contract between the Company and the N. M. U.
Another labor organization has requested bargaining rights for the
engineers. The only remaining employees on the tow boats are the
masters and pilots, whole the Union is claiming to represent in
these proceedings.
We find that all the masters and pilots employed by the Company
in the operation of its six tow boats on the Mississippi River and its
tributaries constitute a unit appropriate for the purposes of collective
z The Regional Director stated that the Union had submitted to him 18 applications
for membership , all of which were dated between April 1 and September 1, 1941 Ten
of the 18 applications bore apparently genuine original signatures of persons whose names
are on the Company 's pay roll for the period ending September 15, 1941 . On this pay roll
there are 15 employees in the unit hereinafter found to be apppropriate
3 These six tow boats are the "John G. Britton ," "Charles T . Campbell ," "John _w.
Hubbard," "Albert E. Heekm," "Ernest T Weir," and "D. W. Wishard "
CAMPBELL TRANSPORTATION COMPANY 1033
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to
collective bargaining and otherwise will effectuate the policies of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We. find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. Those
eligible to vote in such election shall be employees in the appropriate
unit who were employed by the Company during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in our Direction.
We shall direct that this election be held as promptly as is practicable
after the date of this Direction, under the direction and supervision
of the Regional Director for the Sixth Region, who shall determine
in his discretion the exact time, place, and procedure for giving notice
of election and for balloting on each vessel, provided, however, that
notice of election, a sample ballot, and a notice of time and place
when balloting will be conducted shall be given each eligible voter.
As stated above, the Mississippi and Ohio River Pilots Associa-
tion, Inc., herein called the Association, on November 6, 1941, noti-
fied the Board by telegram that it represented certain employees
involved in these proceedings and requested that its name appear on
the ballot if the Board should order an election. In view of the
interest asserted by the Association, we will entertain a motion for
intervention and a request to participate in the election if the Asso-
ciation presents proof to the Regional Director for the Sixth Region,
within ten (10) days from the date of this Direction, that it has a
substantial interest in these proceedings.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Campbell Transportation Company,
Pittsburgh, Pennsylvania, within the meaning of Section.9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All the masters and pilots employed by the Company in the
operation of its six tow boats on the Mississippi River and its tribu-
taries, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (h) of the National
Labor Relations Act.
1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby,
DIREOTED that, as part of the investigation authorized-by the Board
to ascertain representatives for the purposes of collective bargaining
with Campbell Transportation Company, Pittsburgh, Pennsylvania,
an election by secret ballot shall be conducted as soon as convenient,
and beginning as soon as is practicable after the date of this Direc-
tion in conformity to the rules set forth in Section V above, for
the conduct of 'such election, under the direction and supervision
of the Regional Director for the Sixth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and Regulations, among all the
masters and pilots employed by.the Company in the operation of its
six tow boats on the Mississippi River and its tributaries, 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 in the
active military service or trainiuig.of the United States, or tempo-
rarily laid off, but excluding employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by National Organization Masters, Mates & Pilots of
America, Local No. 25, for the purposes of collective bargaining.