Mississippi Valley Barge Line Co.

National Labor Relations Board - Board DecisionsAug 13, 1946

69 N.L.R.B. 1443 (N.L.R.B. 1946)

In the Matter of MISSISSIPPI VALLEY BARGE LINE COMPANY, EM- PLOYER and INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL, PETITIONER Case No. .9-R419143 .-Decided August 13, 1946 Messrs. Edward Clemens and P. B. Lansing, of St. Louis , Mo., for the Employer. Mr. R. A. Walton, of Chicago , Ill., and Mr. Robert F. Dunn, of Cleves, Ohio, for the Petitioner. Mr. Martin E. Rendelman , of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cincin nati, Ohio, on June 13, 1946, before Hyman Ostrin, Trial Examiner. The Trial Examiner'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 I. THE BUSINESS OF THE EMPLOYER Mississippi Valley Barge Line Company, a Delaware corporation, is a common carrier of freight between New Orleans, Louisiana, and St. Louis, Missouri, on the Mississippi River, and between New Or- leans, Louisiana, and Cincinnati, Ohio, on the Ohio River, including intermediate ports. The Employer owns and operates 8 river tow boats and opproximately 200 coal, oil and freight barges. The Em- ployer's major terminals are located at Cincinnati, Ohio; Cairo, Illi- nois; St. Louis, Missouri ; Memphis, Tennessee ; and New Orleans, Louisiana. In addition to its main office at St. Louis, Missouri, the Employer maintains branch offices at Louisville, Kentucky; Pitts- burgh, Pennsylvania; Evansville, Indiana; Vicksburg, Mississippi; and Baton Rouge, Louisiana. During the year 1915 the gross reve- nue of the Employer was in excess of $5,000,000. The Employer's Cincinnati terminal is the only terminal involved in this proceeding. 69 N. L. R. B., No. 184. 1443 701592-47-vol. 69-93 1444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. On May 22, 1946 the Petitioner, claiming majority status among the employees of the Employer in the alleged appropriate unit, notified the Employer by mail that it desired recognition as exclusive bargain- ing agent. The Employer replied that it had a collective bargaining agreement with the National Maritime Union, CIO, hereinafter re- ferred to as the NMU, and it therefore could not recognize the Peti- tioner without a Board certification. On June 1, 1942, the Employer and the NMU executed a collective bargaining agreement of two years' duration, renewable annually hereafter unless either party tendered written notice of intention to terminate or alter its terms 30 days prior to any anniversary date. On April 15, 1946, the Petitioner filed the petition herein. By letter dated May 30, 1946, the NMU disclaimed any interest in the present proceeding, and despite the fact that Notice of Hearing was duly served upon it has failed to appear.' 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 UNIT The Petitioner seeks a unit comprising all dock workers (included in this classification are stevedores, elevator operators, truck operators, crane operators and checkers), the watchmen, tie fleet watchman, the car knocker and watchman, at the Employer's Cincinnati terminal, but excluding office clerks, the superintendent, assistant superintend- ent, and foremen. The Employer agrees generally with the proposed unit, but would exclude the watchman, the fleet watchman, the car knocker and watchman, and receiving clerks. The contract between the Employer and the NMU specifically excludes the employees in dispute, and the Employer urges their 1 Since the 1942 contract has not been raised as a bar to this proceeding and the petition was filed prior to the 1946 effective date of the agreement 's automatic renewal clause, it is clear that there is no obstacle to an immediate determination of representatives. MISSISSIPPI VALLEY BARGE LINE COMPANY 1445 ,exclusion from the appropriate unit because of this fact. We are of the opinion that the Employer's position is well taken, since our usual practice is not to disturb contract units established as the result of collective bargaining.2 Accordingly, we shall exclude from the appro- priate unit the employees in question. Our finding in this respect, however, shall not preclude a later determination, based upon a new petition and a sufficient showing of representation, that these em- ployees may be offered an opportunity to vote as to their inclusion in the unit hereinafter found appropriate. We find that all dock workers of the Employer's Cincinnati terminal, including stevedores, elevator operators, truck operators, crane opera- tors, and checkers, but excluding the watchman, the fleet watchman, the car knocker and watchman, receiving clerks, office clerks, the superintendent, assistant superintendent, foremen, and all other super- visory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Mississippi Valley Barge Line Company, Cincinnati, Ohio, an election by secret ballot shall be con- ducted 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 Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations-Series 3, as amended, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who (lid 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 election, to determine whether or not they desire to be represented by International Long- shoremen's Associaition, AFL, for the purposes of collective bargaining. Matter of Conant Bail G,aepatol, 57 N. L. R. B. 1262 ; Matter of Petersen & Lytle, 60 N. L. R. B. 1070.