MARINE TERMINALS CORP. EAST d/b/a PORTS AMERICA

National Labor Relations Board - Board Decisions

Jul 16, 2012

10-RC-080061 (N.L.R.B. Jul. 16, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MARINE TERMINALS CORP. -- EAST
d/b/a PORTS AMERICA
Employer
and Case 10-RC-080061
SOUTH ATLANTIC & GULF COAST DISTRICT
INTERNATIONAL LONGSHOREMEN’S ASSOCIATION
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review1
.
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER
Dated, Washington, D.C., July16, 2012

1In agreeing with the Regional Director that the Employer had not sustained its burden of
demonstrating that the part-time stevedores possess the supervisory authority to suspend,
discharge or discipline employees, we do not rely on the Regional Director’s suggestion
that to “fire” or “knock off” a longshoremen by sending him home without pay for the
day does not constitute discipline. Instead, we find that the Employer has not
demonstrated that the part-time stevedores possess this authority. We find that the
Employer has also not demonstrated that the part-time stevedores, as a group, substitute
on a regular basis for supervisory employees and thus exercise supervisory authority on a
regular and substantial basis. Hexacomb Corp., 313 NLRB 983 (1984).