Midwest Towing Co., Inc.

National Labor Relations Board - Board Decisions

Mar 12, 1965

151 N.L.R.B. 658 (N.L.R.B. 1965)

658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT discourage membership in Amalgamated Clothing Workers
of America , AFL-CIO, or any other labor organization of our employees, by
discriminating in any manner with regard to hire , tenure, or any term or
condition of employment.
WE WILL offer immediate and full reinstatement to Clara Scott and Odelia
Shelton to their former or substantially equivalent positions , without prejudice
to their seniority or other rights and privileges , and make them whole for any
loss of earnings resulting from our discrimination against them as provided in
the Decision issued by the Trial Examiner of the National Labor Relations
Board.
WE WILL NOT in any manner interfere with , restrain, of coerce our employ-
ees in the exercise of the right to self-organization , to form labor organizations,
to join or assist the above -named or any other labor organization , to bargain
collectively through representatives of their own choosing, and to engage in
other concerted activities for the purpose of collective bargaining or mutual
aid or protection , or to refrain from engaging in any or all such activities.
All of our employees are free to become , remain , or to refrain from becoming
or remaining members of any labor organization
ELY & WALKER,
Employer.
Dated------------------- By-------------------------------------------(Representative) (Title)
NOTE.-We will notify the above -named employees if presently serving in the
Armed Forces of the United States of their right to full reinstatement upon applica-
tion in accordance with the Selective Service Act and the Universal Military Train-
ing and Service Act of 1948, as amended, after discharge from the Armed Forces.
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered , defaced, or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, 746
Federal Office Building, 167 North Main Street, Memphis, Tennessee, Telephone
No. 534-3161 , if they have any questions concerning this notice or compliance
with its provisions.
Midwest Towing Co., Inc. and District No. 2, Marine Engineers
Beneficial Association , AFL-CIO, Petitioner . Corse No. 14-RC-
1.76/.. March 12, 1965
DECISION AND ORDER
On April 29, 1964, the National Labor Relations Board issued its
Decision and Order 1 in the above-entitled proceeding wherein it
found that a unit of chief and assistant marine engineers was Inap-
propriate because the employees petitioned for are supervisors
within the meaning of the National Labor Relations Act, as
amended. On May 28, 1964, the Petitioner moved for reconsidera-
tion of the Board's decision, alleging that newly discovered evidence
materially affects the basic issue involved. On August 14, 1964, the
Board granted reconsideration upon the Petitioner's motion and
remanded the case to the Regional Director for further hearing on
the matters raised. Hearing on remand was held on October 6,
1964, before Hearing Officer Eugene L. Rosenfeld. The Hearing
Not published in NLRB volumes.
151 NLRB No. 73.
MIDWEST TOWING CO., INC. 659
Officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. After the hearing, the Petitioner and
Intervenor2 filed briefs with the Board.3
Upon the entire record in this case, the Board 4 finds:
As indicated in our earlier Decision, the Petitioner seeks a unit of
chief and assistant marine engineers. The Employer and Intervenor
both contend that the petition should be dismissed because the
employees involved are supervisors within the meanin22 of Section
2(11) of the Act.
The Employer operates towboats on inland navigable waters. At
the time of the original hearing in this case the engureroonl com-
plement of each boat consisted of a chief and an assistant engineer
and two oilers. An engineer and an oiler were on duty each 12-hour
watch. The chief engineer is in overall charge of the engureroonr
and ecunpnient, but the normal, routine duties of the two engineers
are otherwise the same. They make their rounds and maintain the
engilteroom log, recording pressure and temperature readings and
other data on lubrication, fuel, water, etc. They change filters,
check all operations, and repair breakdowns. Each posts and main-
tains a list of the oiler's routine duties on his watch and may in-
struct and direct him in the performance of these duties. The oiler
also performs other nonroutine duties which the engineer on watch
assigns to him, and acts as the engineer's helper in repairing break-
downs.
In our previous Decision, we dismissed the petition herein because
on the record then before us we concluded that the engineers had
the authority to, and did in fact, responsibly direct the work of the
oiler on their shift, to authorize extra payment for overtime and
penalty time, to discipline the oiler for misconduct, and to effectively
recommend action as to hire, retention, transfer, or dismissal. We
therefore concluded that the engineers were supervisors within the
meaning of Section 2(11) of the Act.
The record now before us discloses that there has been a change
in the manning of the enguieroom on three of the five boats in-
volved. One oiler has been dropped, so that the engineroom com-
plement now consists of a chief and an assistant engineer and one
oiler. The engineers alternate 6-hour shifts, each working a total
of 12 hours a clay, while the oiler works for 12 straight "daylight"
2 Marine Officers Association, Local No. 54, affiliated with International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of America, intervened in the
original hearing on the basis of a showing of interest It also participated in the hear-
ing on remand
3 The Petitioner ' s request for oral argument is denied as the record and briefs adequately
present the issues and positions of the parties
4Pursuant 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 McCulloch and Members Fanning and Brown].
660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hours. Accordingly, the oiler works 6 hours for a chief, and 6
hours for an assistant engineer. Otherwise, there has been no
change in the duties, functions, or authority of the engineers.
In view of the foregoing, we find no reason to alter our conclu-
sion that the engineers employed on the Employer's towboats are
supervisors within the meaning of the Act, and we shall dismiss the
petition for that reason .5
[The Board dismissed the petition.]
' In view of our disposition of the case we find it unnecessary to pass on Petitioner's
contention that the Employer and two other companies , Midcontinent Barge Company
and M -W-T Company , constitute a single employer for the purposes of collective bargaining.
Calandra Photo , Inc. and Irvin C. Levin, its agent and Member
of its Board of Directors and The International Printing Press-
men and Assistants ' Union of North America, Local No. 412,
AFL-CIO
Calandra Photo, Inc. and The International Printing Pressmen
and Assistants ' Union of North America, Local No. 412, AFL-
CIO. Cases Nos. 17-CA-2418 and 17-CA-2446. March 15, 1965
DECISION AND ORDER
On November 24, 1964, Trial Examiner William W. Kapell issued
his Decision in the above-entitled proceeding, finding that the
Respondents had engaged in certain unfair labor practices within
the meaning of the National Labor Relations Act, as amended, and
recommending that they cease and desist therefrom and take certain
affirmative action, as set forth in the attached Decision. The Trial
Examiner further found that the Respondents had not engaged in
certain other unfair labor practices alleged in the complaint, and
recommended that those allegations be dismissed. Thereafter, the
General Counsel filed exceptions to the Trial Examiner's Decision
and a brief in support thereof. The Respondents filed exceptions
to the Trial Examiner's Decision and a brief in answer to the Gen-
eral Counsel's exceptions.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the National. Labor Relations Board has delegated
its powers in connection with these cases to a three-member panel
[Chairman McCulloch and Members Brown and Jenkins].
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the
Trial Examiner 's Decision , the exceptions, the briefs, and the entire
151 NLRB No. 79.