Crescent Towing and Salvage Co., Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1946

71 N.L.R.B. 479 (N.L.R.B. 1946)

In the Matter of CRESCENT TOWING AND SALVAGE Co., INC., EIIPLoYE1i
and SEAF.IRERS INTERNATIONAL UNION, AFL, PETITIONER
In the Matter of CRESCENT TOWING AND SALVAGE Co., INC., EMPLOYER
and NATIONAL MARITLIIE UNION, CIO, PETITIONER
Cases tl%os. 15-R-17.9 and 15-R-1774, respectively. Decided October
30, 1946
M, r. J. G. Lamnan, of New Orleans, La., for the Employer.
Dlr. J. S. IV/iite, of New Orleans, La., for the SIU.
Messrs. R. A. Sessu'Im and R. A. Braid, of New Orleans, La., for the
NMU.
Mr. R. G. Piada, of New Orleans, La., for the MEBA.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, a consolidated hearing in the above-
entitled cases was held at New Orleans, Louisiana, on August 13, 1946,
before C. Paul Barker, 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. THE BUSINESS OF THE EMPLOYER
Crescent Towing and Salvage Co., Inc., is a Louisiana corporation
with its main offices in New Orleans, Louisiana. The Employer is
engaged in the business of operating tow boats in the harbor of the
city of New Orleans, which move ocean-going ships and- barges, and
assist ships in docking and leaving the docks. The Employer operates
three tug boats, the "Port Allen," the "Port Hudson," and the "Hum-
rick." Two of these tugs are Diesel-powered- and the other steam
powered. A fourth steam-powered tug, the "Patapsco," was recently
purchased by the Employer, but was not in operation at tFie time of
71 N. L R B., No. 72. .
479
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480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the hearing. The Employer also owns a barge, which is not involved
in this proceeding.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Seafarers International Union, herein called the SIU, is a labor
organization affiliated with the American Federation of Labor, claim-
ing to represent employees of the Employer.
National Maritime Union, herein called the NMU, is a labor organi-
zation affiliated with the Congress of Industrial Organizations, claim-
ing to represent employees of the Employer.
Marine Engineers Beneficial Association, No. 12, herein called the
MEBA, is a labor organization affiliated with the Congress of Indus-
trial Organizations, claiming to represent employees of the Employer.'
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize any of the labor organizations as
the exclusive bargaining representative of employees of the Employer
until the labor organizations have been certified by the Board in
appropriate units.
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 UNITS
The SIU contends that all employees, both licensed and unlicensed,
employed aboard the tug boats operated by the Employer, constitute
an appropriate bargaining unit. The NMU contends that the appro-
priate unit should be comprised of all unlicensed personnel. The
MEBA seeks a unit confined to all licensed engineers. The Employer
maintained that the unit sought by the SIU is inappropriate, but
made no objection to the positions taken by the NMU and the MEBA.
On each of its tug boats, the Employer has two licensed masters and
two licensed engineers, each of whom has the authority to hire and
discharge the unlicensed personnel under his respective supervision.
Although under Federal navigation law it is not required that licensed
masters and engineers be employed on Diesel tugs, it is the policy of
the Employer that its masters and engineers be licensed, whether they
work aboard steam or Diesel-powered boats. The Board has con-
1 MEBA filed a motion to intervene which was granted by the hearing officer. National
Organization Masters, Mates , and Pilots of America , Local 15, was duly served with notice
of hearing but did not appear.
CRESCENT TOWING AND SALVAGE CO., INC. 481
sistently held that licensed and unlicensed maritime personnel may
not be included in the same bargaining unit.2 We therefore find that
the unit sought by the SIU is inappropriate and that the unit of un-
licensed personnel requested by the NMU is appropriate for the pur-
poses of collective bargaining. As for the licensed personnel, it is
apparent that the respective qualifications and duties of the masters
and the engineers are so substantially different as to warrant the
establishment of separate bargaining units for each group.3 Accord-
ingly, we find that each of the following groups constitutes a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act:
(1) All unlicensed personnel employed by the Employer on its
tug boats.
(2) All licensed engineers employed by the Employer on its tug
boats.
(3) All licensed masters employed by the Employer on its tug
boats.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Crescent Towing and Salvage
Co., Inc., New Orleans, Louisiana, elections by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Fifteenth Region, acting in this
matter 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 units
found appropriate in Section IV, above,4 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 temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, 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, to determine :
1. Whether the employees in Unit (1), described in Section IV,
above, desire to be represented by Seafarers International Union,
3 Matter of Labe Tankers Corporation, 64 N L R. B. 281 ; Matter of Steamer Service
Company, 58 N L R B 632, citing N L. R. B. V. Delaware-New Jersey Perry Company, 128
F. (2d) 130 (C C A. 3).
3 Matter of Standard Oil Company of California, 67 N. L R. B 506; Matter of Nicholson
Transit Company, 65 N. L. R B. 418; Matter of Tide Water Associated Oil Company, 38
N. L R. B. 582; Matter of A. H. Bull Steamship Company, ,36 N L. R. B. 99
4Inasmuch as the tug boat "Patapsco," which was recently purchased by the Employer,
will become a part of its regular fleet, the personnel of this boat shall be eligible lo vote in
the elections if it is in operation at the time the elections are held
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482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
AFL, or by National Maritime Union, CIO, for the, purposes of col-
lective bargaining, or by neither ;
2. Whether the employees in Unit (2), described in Section IV,
above, desire to be represented by Seafarers International Union,
AFL, or by Marine Engineer Beneficial Association, No. 12, CIO, for
the purposes of collective bargaining, or by neither;
3. Whether or not the employees in Unit (3), described in Section
IV, above, desire to be represented by Seafarers International Union,
AFL, for the purposes of collective bargaining.