Dravo Corp.

National Labor Relations Board - Board Decisions

Mar 16, 1942

39 N.L.R.B. 846 (N.L.R.B. 1942)

In the Matter of- DRAVO CORPORATION, KEYSTONE SAND DIVISION and
NATIONAL ORGANIZATION OF MASTERS, MATES & PILOTS, HARBOR 25,
AFFILIATED WITH A. F. L.
In the Matter of DRAVO CORPORATION, KEYSTONE SAND DIVISION and
NATIONAL MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFFILIATED
WITH C. I. 0:
In the Matter of DRAVO CORPORATION, KEYSTONE SAND DIVISION and
NATIONAL MARITIME UNION, AFFILIATED WITH C. I. O.
In the Matter of DRAVO CORPORATION, KEYSTONE SAND DIVISION and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION
No. 66'
Cases Nos. R-3505 to R-3508, inclusive, respectively. Decided March
16,1942
Jurisdiction : sand, gravel, builders' supplies and ready mixed concrete pro-
duction industry
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival unions ; dispute as to appropriate unit ; Company
refused to accord petitioning unions recognition until certified by the Board;
elections necessary.
Units Appropriate for Collective Bargaining : separate units comprising : (1)
all employees of dredges, excluding supervisory personnel; (2) all masters,
mates, and pilots on tow boats; (3) all engineers and assistant engineers on
tow boats; and (4) all employees of tow boats, including watchmen, strikers,
deckhands, cooks, and maids, but excluding masters, mates, pilots, engineers,
and assistant engineers.
Mr. John S. Mason, of Pittsburgh, Pa., for the Company.
Mr. A. Di. Wilner, of Pittsburgh, Pa., for the Operating Engineers.
Mr. Edward J. Malamzent, of New York City, and Mr. James L.
Scott, for the N. M. U.
Mr. William L. Standard, by Mr. Edward J. Malament, of New
York City, for the M. E. B. A.
Mr. W. H. Griffith, of Pittsburgh, Pa., for the M. M. P.
Miss Marcia Hertzmark, of counsel to the Board.
39 N. L. R. B., No. 165. •
846
DRAVO- CORPORATION
.DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
847
On October 16, 1941, National Organization of Masters; Mates &
Pilots, Harbor 25, affiliated with A. F. L., herein called the M. M. P.;
National Marine Engineers Beneficial Association, affiliated with
C. I. 0., herein called the M. E. B. A.; and National Maritime Union,
affiliated with C. I. 0., herein called the N. M. U., filed with the
Regional Director for the Sixth Region (Pittsburgh, Pennsylvania)
petitions alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Dravo Corporation, Key-
stone Sand Division, Neville Island, Pennsylvania, herein called the
Company, and requesting investigations and certifications of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On January 7, 1942, the Na-,
tional 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 investigations and authorized the Regional Director to con-
duct them and to provide for an appropriate hearing upon due notice;
and, pursuant to Article III, Section 10 (c) (2) of said Rules and
Regulations, ordered that these cases be consolidated.
On January 13, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the M. M. P.,
the N. M. U., and the M. E. B. A., and upon International Union of
Operating Engineers, herein called the Operating Engineers, a labor
organization claiming to represent employees directly affected by the
investigation. On January 15, 1942, the Operating Engineers filed
with the Regional Director a petition requesting an investigation and
certification of representatives. On January 21, 1942, the Board
ordered an investigation of this case, authorized the Regional Director
to conduct it and to provide for an appropriate hearing upon due
notice, and ordered that this case be consolidated with the other cases
referred to above. On January 22, 1942, the Board issued a notice of
postponement of the hearing, copies of which were duly served upon
all parties.
Pursuant to notice, a hearing was held on February 4, 1942, at
Pittsburgh, Pennsylvania, before Henry Shore, the -Trial Examiner
duly designated by the Chief Trial Examiner. The Company, the,
M. M. P., the M. E. B. A., the N. M. U., and the Operating Engineers
were represented and participated in the hearing. Full opportunity
448105-42-vol 39-55
848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. At the con-
clusion of the hearing the M. M. P., the N. M. U., and the M. E. B. A.
moved to dismiss the petition of the Operating Engineers on the
ground that the unit sought by that organization is inappropriate
and on the further ground that it does not represent any employees
in the units claimed to be appropriate by the M. M. P., the N. M. U.,
and the M. E. B. A. The Trial Examiner referred the motion to the
Board. It is hereby denied. During the course of the' hearing the
Trial Examiner made rulings on other 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 com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Dravo Corporation, a Pennsylvania corporation, consists of four
divisions. The Keystone Sand Division, with which we are here con-
cerned, is engaged principally in the production, sale, and distribution
of sand, gravel, builders' supplies and ready mixed concrete. During
the year 1941 its total revenue was in excess of $1,750,000, of which
about 80 percent was derived from the sale of the above-named prod-
ucts. Approximately 5 percent of the amount received from the sale
of these products represented the value of products shipped to points
outside Pennsylvania. Approximately 20 percent of the total gross
revenue of the Keystone Sand Division for the year 1941 was derived
from transportation by river of miscellaneous products, and about
75 percent of this figure represented the value of products shipped
outside Pennsylvania. The Company admits that it is engaged in
commerce within the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
National Organization of Masters, Mates & Pilots, Harbor 25, and
International Union of Operating Engineers, Local Union No. 06,
are labor organizations affiliated with the American Federation of
Labor. They admit to membership employees of the Company.
National Marine Engineers Beneficial Association, and National
Maritime Union are labor organizations affiliated with the Congress
of.Industrial Organizations. They admit to membership employees
of the Company.
DRAVO CORPORATION
III. THE QUESTIONS CONCERNING REPRESENTATION
849
The parties stipulated that a question has arisen concerning 'the
representation of employees of the Company in that there is a dispute
between the unions involved herein concerning the appropriate unit.
The Company has refused to bargain with any of the unions until it
has been certified by the Board.
A statement by the Regional Director, introduced in evidence,
indicates that the M. M. P., the M. E. B. A., and the N. M. U. each
represents a substantial number of employees of the Company in the
unit which each contends is appropriate, and that the Operating
Engineers represents a substantial number of employees on the Com-
pany's dredges.
We find that questions have arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I, 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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company operates five tow boats which are self-propelled, and
two stationary dredges on the Ohio River.
The M. M. P. desires a unit composed of masters (or captains),
mates, and pilots on the Company's tow boats. The M. E. B. A. wishes
a unit composed of all engineers 'on the tow boats. The N. M. 11.
wishes a unit of all employees of the tow boats, including watchmen,'
i The M. M P submitted to the Regional Director 9 authorization cards, all bearing
genuine original signatures and 8 bearing names of persons on the Company's pay roll of
September 30, 1941, which contained the names of 13 persons in the unit alleged by the
M. M. P to be appropriate.
The M. If. B. A. submitted 8 applications for membership , all bearing genuine original
signatures and 6 bearing names of persons on the pay roll mentioned above, which con-
tained the names of 9 persons in the unit alleged by At If. B ' A. to be appropriate.
The N. M. U. submitted 20 application cards, all bearing genuine original signatures
Nineteen of the cards bore names of persons on the pay roll of September 30, 1941, which
contained the names of 31 , persons in the proposed appropriate unit.
The Operating Engineers submitted 19 application ` cards, all bearing genuine original
signatures of-persons whose names appear on the September 30 pay roll. None of the
cards bore names of persons in any of the units sought by the other 3 unions. There are
approximately 75 persons in the unit alleged by the Operating 'Engineers 'to'be appropriate.
The parties stipulated at the hearing that Lyle Cournette and Rex Casey listed on the
pay roll as "watchman and mate," as well as Jack Rocker , listed as "watchman," fall
within the unit claimed by the N. M U.
850 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
strikers,3 deckhands, cooks, and maids, but excluding masters, mates,
pilots, engineers, and assistant engineers. There is no overlapping in
the claims of these organizations. The Operating Engineers desires
a unit composed of all employees, exclusive of supervisory personnel,
on all floating equipment of the Company, including dredges, tow'
boats, and other floating craft' The Company takes no position with
respect to the unit or units.
The Operating Engineers has had a contract with the Company for
about 6 years, covering its unloading-dock personnel, but none of the
other unions involved herein has had contractual relations with the
Company,5 and none of the employees presently sought to be repre-
sented is included in any contract with the Company.
Employees on the dredges are subject to workmen's compensation,
wake and hour, and unemployment insurance laws, and they do not
live on the dredges. Employees of the tow boats are not subject to the
regulatory laws; they live on boats; and they work different hours
than employees on the dredges. There is very little interchange of
employees between the two types of craft, and their duties are dis-
similar. For example, the captain or master on a tow boat must have
a knowledge of the river, and know the lights and other regulations
pertaining to navigation, whereas the captain on a dredge need not
have such knowledge; his work consists of supervising the work of the
_men on the dredge. The engineer on a tow boat answers the signals
pertaining to the operation of the boat; on a dredge the engineer's
duties pertain to the machinery, which must be kept in operation.
Dockhands on both types of craft work on barges, but dockhands on
tow boats have additional duties relating to movement of the boats.
There are cooks and chambermaids on the tow boats, but not on the
dredges ; and there are firemen on the dredges, but not on the tow boats.
There are no mates or pilots, as such, on the dredges.
Because of the difference in duties described above, we find that
the employees of the tow boats should not be combined with those
on the dredges in a unit for collective bargaining, as contended by
the Operating Engineers. We find, however, that all employees of
3 The strikers are also known as oilers or second engineers and are designated on the
pay roll of the Company as "striker-engineers "
4 It appears from the record that only employees of tow boats and dredges are involved,
since there is not a separate group of persons employed on barges The Operating Engi-
neers' unit would embrace all employees sought by the other unions, except masters and
captains , and in addition , engineers , diggers, oilers , firemen , deckhands , watchmen, and
loaders on the dredges
6In November 1940 and in September 1941, the N. M . U. lost consent elections, in the
first of which the unit consisted of "all unlicensed personnel on tow boats and dredges,
including . . . mates and watchmen , both licensed and unlicensed , and landing men . .
and in the second of which the unit consisted of "all employees on the tow boats and
dredges of the Company , exclusive of masters and pilots on the tow boats " The Operat-
ing Engineers did not intervene in either of these elections
PRAVO CORPORATION 851
the Company's dredges, excluding supervisory personnel,' constitute
a' unit appropriate for the purposes of collective bargaining, and
that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargain-
ing and otherwise will effectuate the policies of the Act.7
Masters, mates, and pilots
The master of a tow boat takes complete charge thereof and is
responsible for its being fully equipped and manned. He also as-
sumes the pilot's duties when the latter is absent. The pilot navi-
gates the boat, and takes the captain's' place when the captain is off
duty.' The mate is the "superintendent" on deck and exercises super-
visory authority over the deckhands. Mates and pilots frequently
have captain's licenses ; they exercise a degree of supervisory author-
ity. Although the Company's operations do not require that any of
its personnel be licensed, the M. M. P. accepts for membership only
licensed deck officers. Most of the Company's masters, mates, and
pilots are licensed.
We find that all masters, mates, and pilots on the tow boats of the
Company constitute a unit appropriate for the purposes of collective
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."
Engineers and assistant engineers
Engineers on tow boats answer the signals pertaining to the opera-
tion of the boats. The M. E. B. A. requires that its members be
licensed by the Bureau of Marine Inspection, and organizes engineers
on self-propelled craft only. Although the Company does not re-
quire that the engineers be licensed, it appears from the record that
many, if not all, are licensed.
We find that all engineers and assistant engineers on the tow boats
of the Company constitute a unit appropriate for the purposes of
collective bargaining, and that said unit will insure to employees of
the Company the full benefit of their right to self-organization and
to collective bargaining and otherwise will effectuate the policies
of the Act.
9 The Opeiatmng Engineers desires to exclude only masters or captains as supervisory
personnel
7 Cf Matter of Tide Water Associated Oil Company and National Maritime Union of
America, 38 N. L. R.-B. 582; and Matter of Merchants & Miners Transportation Co and
National Organization Masters, Mates & Pilots of America , Local #9, 37 N. L It. B 1165
8 Cf. Matter of Jones & Laughlin Steel Corporation and National Organization Masters,
Mates & Pilots of America , Local No. 25, affiliated with American Federation of Labor,
37 N. L. R. B. 366
852 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The remaining employees on the tow boats
In addition to the employees discussed above, there are employed
on the tow boats watchmen,° strikers, deckhands, cooks, and maids,
whom the N. M. U. desires to represent. Prior to February 1941,
the N. M. U. admitted-to membership both licensed and unlicensed
personnel on tow boats and dredges. Since that time it has followed,
wherever possible, the policy of accepting only unlicensed persons
working on self-propelled craft.
We find that all employees of the Company's tow boats, including
watchmen, strikers, deckhands,,cooks, and maids, but excluding mas-
ters, mates, pilots, engineers, and assistant engineers, constitute a
unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by the holding of, elections by secret
ballot. The Operating Engineers desires that a current pay roll
be used to determine those eligible to vote. The M. M. P., the
M. E. B. A., and the N. M. U. ask that the pay roll for the period
immediately preceding the filing- of their petitions be used because
of charges of unfair labor practices which were filed against the
Company subsequent to the filing of the petitions. All such charges
have, however, been either withdrawn or waived.10 The record indi-
cates that, although a few changes -in" personnel were made between
the, date of the petitions and the hearing, they have not been out of
the ordinary. We shall follow our usual practice and direct that per-
sons eligible to participate in the elections shall be the employees in
the appropriate units who were employed by the Company during
the pay-roll period next preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the
Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
° See footnote 2, supra
10A charge filed by the N M. U on October 20, 1941 (Case No VI-C-643) was with-
drawn on December 29, 1941; a charge filed by the M. E B. A. on November 5, 1941
(Case No . VI-C-651), and one filed by the N. M U on January 29, 1942 ( Case No
VI-C-678), were waived on January 30 and 29, respectively . On February 12, 1942, the
N. M-. U. withdrew the charges in Case No . VI-C-678.
DRAVO CORPORATION
CONCLUSIONS OF LAW
853
1. Questions affecting, commerce have arisen concerning the rep-
resentation of employees of Dravo Corporation, Keystone Sand Divi-
sion, Neville Island, Pennsylvania, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All employees of the Company's dredges, excluding supervisory
personnel, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. All masters, mates, and pilots on the tow boats of the Company
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
4. All engineers and assistant engineers on the tow boats of the
Company constitute a unit appropriate' for the purposes of, collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
5. All employees of the Company's tow boats, including watchmen,
strikers, deckhands, cooks, and maids, but excluding masters, mates,
pilots, engineers, and assistant engineers, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 8, of National Labor Re-
lations Board Rules and Regulations-Series, 2, as amended, it is
hereby
DumcTm that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Dravo Corporation, Keystone Sand Division, Neville Island,
Pennsylvania, 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 Di-
rector 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 employees in the following
categories who were employed during the pay-roll period next pre-
ceding the date of this Direction, including employees who did not
work during such pay-roll period because they were ill or on vacation
or in the,active military service or training of the United States or
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
temporarily laid off, but excluding employees who have since quit
or been discharged for cause:
1. All employees of the Company's dredges, excluding supervisory
personnel, to determine whether 'or not they desire to be represented
by International Union of Operating Engineers, Local No. 66, for
the purposes of collective bargaining;
2. All masters, mates, and pilots on the Company's tow boats to
determine whether they desire to be represented by National Organ-
ization of Masters, Mates & Pilots, Harbor 25, affiliated with A. F.
L., or by International Union of Operating Engineers, Local No. 66,
for the purposes of collective bargaining, or by neither;
3. All engineers and assistant engineers on the Company's tow
boats to determine whether they desire to be represented by National
Marine Engineers Beneficial Association, affiliated with C. I. 0., or
by International Union of Operating Engineers, Local No. 66, for
the purposes.of collective bargaining, or by neither ; and
4. All employees of the Company's tow boats, including watchmen,
strikers, deckhands, cooks, and maids, but excluding masters, mates,
pilots, engineers, and assistant engineers, to determine whether they
desire to be represented by National Maritime Union, affiliated with
C. I. 0., or by International Union of Operating Engineers, Local
No. 66, for the purposes of collective bargaining, or by' neither.
MR. WM. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Elections.