Mobile Steamship Association

National Labor Relations Board - Board Decisions

Sep 29, 1938

8 N.L.R.B. 1297 (N.L.R.B. 1938)

In the Matter Of MOBILE STEAMSHIP ASSOCIATION, OCEAN DOMINION
STEAMSHIP CORPORATION , ALUMINUM LINE , SWAYNE & HOYT, LTD.,
GULF PACIFIC LINES, LTD., LUCKENBACH GULF STEAMSHIP COMPANY,
INC., PAN -ATLANTIC STEAMSHIP CORPORATION , WATERMAN STEAM-
SHIP CORPORATION , MOBILE OCEANIC STEAMSHIP COMPANY, RICHARD
MURRAY & COMPANY, FILLETTE GREEN & COMPANY, NORTON LILLY &
COMPANY, PAGE & JONES, VAN HEYNIGEN COMPANY, UNITED FRUIT
COMPANY, J. R. DENT, STEAMSHIP AGENT, STRACHAN SHIPPING COM-
PANY, COAST TRANSPORTATION COMPANY, INC., OCEANIC STEVEDORING
COMPANY, WALSH STEVEDORING COMPANY, INC., RYAN STEVEDORING
COMPANY, INC., PATE STEVEDORING COMPANY, MURRAY STEVEDORE
COMPANY, MOBILE STEVEDORING COMPANY, INC., BAY STEVEDORING
COMPANY, BAILEY T. DEBARDELEBEN , ALABAMA STATE DOCKS, HOR-
ACE TURNER AND CO., MOBILE AND OHIO RR, ANDERSON AND CLAY-
TON CO., FIDELITY WAREHOUSE CORPORATION , ALABAMA WAREHOUS-
ING COMPANY , WARRANT COMPRESS & WAREHOUSE Co., TEXAS OIL
COMPANY and INTERNATIONAL LONGSHOREMEN AND WAREHOUSE-
MEN'S UNION.
Case No. R-391.-Decided September 09, 1938
Stevedore Industry and Shipping Industry-Investigation of Representatives:
controversy concerning representation of employees : controversy concerning
appropriate unit ; rival organizations ; petition for, dismissed in part --Units
Appropriate for Collective Bargaining : ( 1) persons employed as banana han-
dlers ; wage differentials ; occupational differences ; employer unit ; ( 2) persons
employed to load and unload barges ; unskilled ; employer unit ; ( 3) persons
employed to load coal on ships ; employer unit ; (4) persons employed as ware-
housemen ; unskilled ; employer unit , ( 5) longshoremen and clerks and checkers ;
port-wide unit ; history of collective bargaining relations in port , election to
determine whether clerks and checkers desire to be included in longshoremen's
unit or in a separate unit-Representatwes : eligibility to participate in choice;
persons employed in each of any 8 weeks during 6 -month period-Elections
Ordered
Mr. Samuel Lang, for' the Board.
Mr. Yelverton Cowherd, of Birmingham, Ala., for the I. L. W. U.
and Inland Boatmen's Union.
Mr. Warren M. Simon, and Mr. Bentley G. Byrnes, of New Or-
leans, La., and Mr. Alex T. Howard, of Mobile, Ala., for the Clerks
and Checkers Local, the Warehousemen's Local, the Banana Handlers
Local, and Local No. 1553 of the I. L. A.
8 N L. R. B., No. 160.
1297
1298 NATIONAL LABOR RELATIONS BOARD
Gordon, Edington, Leigh cC Gordon, by Mr. Norvelly R. Leigh and
Mr. A. Fletcher Gordon, of Mobile, Ala., for Local 1410.
Armbrecht, Twitty cC Jackson, by Mr. T. E. Twitty and Mr. W. H.
Armbrecht, Jr., of Mobile, Ala., for United Fruit Company and Mur-
ray Stevedore Company. -
Mr. Harry H. Smith, of Mobile, Ala., for the Warrant Compress
& Warehouse Co.
Pillans, Cowley ce Gresham, by Mr. Palmer Pillans, of Mobile,
Ala., for certain companies.'
McCorvey, McLeod, Turner d Rogers, by Mr. Gessner T. McCor-
vey, of Mobile, Ala., for Ryan Stevedoring Company, Inc.; Water-
man Steamship Corporation, and Pan-Atlantic Steamship Corpora-
tion.
Mr. Carl For, Mr. Rufus Creekmore, and Mr. C. T. Prince, of St.
Louis, Mo., for C. E. Irvins and T. M. Stevens, Receivers, M & 0
Railroad Co.
Inge di Stallworth, by Mr. Richard H. Inge and Mr. Nicholas E.
Stallworth, of Mobile, Ala., for Anderson and Clayton Co., and
Fidelity Warehouse Corporation.
Mr. S. P. Gaillard, of Mobile, Ala., for State of Alabama, acting
through the State Docks Commission.
Mr. Horace Turner, of Mobile, Ala., for Turner Terminal Com-
pany.
Mr. M. D. Greene, of Mobile, Ala., for Bay Stevedoring Company.
Mr. Sumner Marcus, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
On November 18, 1937, International Longshoremen & Warehouse-
men's Union, herein called the I. L. W. U., pursuant to permission
granted by the National Labor Relations Board, herein called the
Board, filed with the Board a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employ-
ees of Mobile Steamship Association, Mobile, Alabama, and request-
Coast Transportation Company , Inc. ; DeBardeleben Coal Company ; J. R Dent , Steam-
ship Agent ; Fillette Green & Company ; Gulf Ports Service Corporation ; Luckenbach Gulf
Steamship Company, Inc. ; Mobile Steamship Association ; Mobile Stevedoring Company,
Inc ; Norton Lilly & Company ; Ocean Dominion Steamship Corporation ; Oceanic Steve-
doring Company ; Page & Jones ; Pate Stevedore Company ; Strachan Shipping Company ;
Swayne ,& Hoyt, Ltd. ; The Texas Company ; Van Heynigen Company ; and Walsh Steve-
doring Company, Inc.
DECISIONS AND OItDEIIS 1299
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On December 4, 1937, the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, herein called the Rules and Regulations, ordered the Re-
gional Director for the Fifteenth Region (New Orleans, Louisiana)
to conduct an investigation and to provide for an appropriate hearing
upon due notice. On June 4, 1938, the Board amended its order to
provide that the investigation and hearing be confined solely and
exclusively to the questions concerning representation involved in
the determination of, representatives designated or selected or to be
designated or selected for collective bargaining for the purpose of
negotiating agreements to take effect after September 30, 1938. On
June 28, 1938, the I. L. W. U., pursuant to permission granted by
the Board, filed with the Board an amended petition which included
as employers the following companies, all of Mobile, Alabama : J. R.
Atkins and M. D. Greene, copartners, doing business as Bay Steve-
doring Co.,Z herein called Bay Stevedoring Co.; Coast Transporta-
tion Company, Inc.; N. D. Cunningham, doing business as Van Hey-
nigen Company," herein called Van Heynigen Company; DeBar-
deleben Coal Company; 4 J. R. Dent, Steamship Agent; Fillette
Green & Company; Gulf Ports Service Corporation; John H. Jones
and Frank Jones, copartners doing business under the name of Page
& Jones,5 herein called Page & Jones ; Luckenbach Gulf Steamship
Company, Inc. ; Mobile Stevedoring Company, Inc. ; John T. Murray,
Harry R. Murray and John Klaas, copartners doing business under
the trade name of Murray Stevedore Company,° herein called the
Murray Stevedore Company; Richard Murray, James V. Murray
and Edward F. Murray, doing business under the name of Richard
Murray & Company,7 herein called Richard Murray & Company;
Norton, Lilly & Company; Ocean Dominion Steamship Corpora-
tion; 8 Oceanic Stevedoring Company of Alabama, Inc.; 9 Pan-At-
Incorrectly designated in the petition and other formal papers as Bay Stevedoring
Company.
3 Incorrectly designated in the petition and other formal papers as Van Heynigen
Company.
4 Substituted by agreement of counsel for Bailey T. DeBardeleben who was named in
the amended petition
5 Incorrectly designated in the petition and other formal papers as Page & Jones
6 Incorrectly designated in the petition and other formal papers as Murray Stevedore
Company.
' Incorrectly designated in the petition and other formal papers as Richard Murray
Company.
s Operates under the trade name of Aluminum Line , which was also included in the
amended petition.
9 Incorrectly designated in the petition and other formal papers as Oceanic Stevedoring
Company.
117213-39-vol. 8-83
1300 NATIONAL LABOR RELATIONS BOARD
]antic Steamship Corporation; Pate Stevedore Company; 1° Ryan
Stevedoring Company, Inc.; State Docks Commission; 11 Strachan
Shipping Company; Swayne & Hoyt, Ltd.; 12 United Fruit Com-
pany; Walsh Stevedoring Company, Inc.; and Waterman Steamship
Corporation.13 On June 29, 1938, the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of the Rules and
Regulations, ordered the Regional Director to conduct an investiga-
tion and to provide for an appropriate hearing upon due notice upon
,the amended petition. The Board further ordered such investiga-
tion and hearing to be confined solely and exclusively to the questions
concerning representation involved in the determination of represent-
atives designated or -selected or to be designated and selected for the
purpose of negotiating agreements to take effect after September 30,
1938.
On July 2, 1938, the Regional Director issued a notice of hearing,
copies of which and of the petition and amended petition were duly
served upon the Association, upon all the companies named in the
amended petition, and upon the Committee for Industrial Organ-
ization, herein called the C. I. 0., the I. L. W. U., Local 1410 of
International Longshoremen's Association '14 herein called Local 1410,
Loaders & Unloaders of Barges, International Longshoremen's As-
sociation, Local #1430, Checkers & Dock Clerks, International Long-
shoremen's Association, Local #1459, herein called the Clerks and
Checkers Local, Warehouse Workers, International Longshoremen's
Association, Local #1473, herein called the Warehousemen's Local,
Banana Handlers, International Longshoremen's Association, Local
#1516, herein called the Banana Handlers Local, Ship & Marine.
Warehouse Watchmen, International Longshoremen's Association,
Local #1553, herein called Local #1553 of the I. L. A., Interna-
tional Longshoremen's Association, American Federation of Labor
Organizing Committee, herein called the I. L. A., Southern At-
lantic & Gulf Coast District, International Longshoremen's Associa-
tion, and Inland Boatmen's Union."
On July 5, 1938, the I. L. W. U., pursuant to permission granted
by the Board, filed with the Board an amendment to its amended
petition which added as employers the following, all of Mobile,.Ala-
10 Incorrectly designated in the petition and other formal papers as Pate Stevedoiing
Company.
n Incorrectly designated in the petition and other formal papers as Alabama State Docks
' Operates under the trade name of Gulf Pacific Line , Ltd., which was also included in
the amended petition under the erroneous designation , Gulf Pacific Lines, Ltd
13 Operates under the trade name of Mobile Oceanic Line, which was also included in the
amended petition
14 So designated in its constitution
15 Was not served but was represented at the hearing by Yel%erton Cowherd , counsel for
the I L W U. _
DECISIONS AND ORDERS 1301
balna : Alabama Warehousing Company, Anderson and Clayton Co.,
Fidelity Warehouse Corporation, C. E. Irvins and T. M. Stevens,
receivers of Mobile & Ohio R. R.,16 herein called the Railroad, The
Texas Company '17 Turner Terminal Company'18 and Warrant Com-
press & Warehouse Co. On July 6, 1938, the Board ordered that its
order of June 29, 1938, directing investigation and hearing on the
amended petition be amended to include, within its terms and pro
visions, the employers listed in the amendment to the amended
petition.
On July 7, 1938, the Regional Director issued a notice of post-,
ponement of hearing, copies of which were duly served upon the,
parties upon whom the notice of hearing had been served previously.
On July 11, 1938, the Regional Director issued an amended notice
of hearing, copies of which and of the petition, of the amended
petition, and of the first amendment to the amended petition were
served upon the afore-mentioned parties and also upon the com-
panies which were included in the first amendment to the amended
petition. On July 12, 1938, the Regional Director ordered a notice
of change of place of hearing, copies of which were served upon all
the afore-mentioned companies and labor organizations.
Pursuant to the amended notice of hearing, a hearing was held
from July 18 to July 26, 1938, at Mobile, Alabama, before Gustaf B.
Erickson, the Trial Examiner duly designated by the Board.
At the commencement of the hearing separate motions to dismiss
the petition in so far as it related to each of them were made by each
of the companies named in the petition.19 For the reasons set forth
below, the motions in so far as they affect State Docks Commission,
the Railroad, United Fruit Company, and Anderson and Clayton
Co. are hereby allowed and these companies will be dismissed from
the proceedings. The motions in so far as they relate to the other
companies are hereby denied. At the commencement of the hearing
motions to intervene were made on behalf of Local 1410, the Clerks
and Checkers Local, the Warehousemen's Local, the Banana Handlers
Local, and Local #1553 of the I. L. A. The Trial Examiner granted
these motions. His rulings are hereby affirmed.
Counsel for Local 1410 and for the Clerks and Checkers Local
moved to dismiss the petition with respect to those companies which
16 Incorrectly designated in the amendment and in other formal papers as Mobile and
Ohio RR.
17 Incorrectly designated in the amendment and other formal papers as Texas Oil
Company
18 Incorrectly designated in the amendment and other formal papers as Horace Turner
and Co.
"Alabama Warehousing Company, Bay Stevedoring Co and Turner Terminal Company
made no motions. Counsel for Mobile Stevedoring Company, Oceanic Stevedoring Com-
pany, and Pate Stevedoring Company reserved the right to make similar motions with
respect to these companies later in the proceedings.
1302 NATIONAL LABOR RBLATIONS.BOARD
employed members of the respective organizations and had contracts
with them. The Trial Examiner did not rule upon these motions.
The motions are hereby denied. Counsel for Local 1410 moved to
postpone the proceedings until after the expiration of the contract
which Local 1410 had with the Association.20 The Trial Examiner
denied this motion. The ruling is hereby affirmed. During the
course of the hearing the Brotherhood of Railway Clerks and Steam-
ship Agents, herein called the Brotherhood, informed the Regional
Director and the Trial Examiner that certain employees involved in
the proceedings were represented by that organization. The Re-
gional Director granted the Brotherhood leave to intervene. During
the hearing a motion by Local No. 1553 of the I. L. A. to dismiss its
petition of intervention was granted by the Trial Examiner with the
consent of all parties. At the close of the hearing counsel for Gulf
Ports Service Corporation which had previously accepted the service
of the notice of hearing which had been made upon Norton, Lilly &
Company, stated that Gulf Ports Service Corporation was a party to
the proceedings in the same manner as if it had been named in the
original petition.
At the close of the hearing each of the companies and labor organ-
izations which had made motions to dismiss the petition earlier in
the proceedings renewed their previous motions. Motions to dismiss
were also made by Mobile Stevedoring Company, Inc.; Oceanic
Stevedoring Company of Alabama, Inc. ; and Pate Stevedoring Com-
pany. The Trial-Examiner did not rule upon the motions made by
the Oceanic Stevedoring Company of Alabama, Inc.; Walsh Steve-
doring Company, Inc.; Pate Stevedoring Company; Mobile Steve-
doring Company, Inc.; DeBardeleben Coal Company; Fidelity Ware-
house Corporation; and Warrant Compress & Warehouse Co., but
denied the motions of the other companies. The motions on which
the Trial Examiner did not rule are hereby denied, and his rulings
with respect to the other companies are hereby affirmed. The Trial
Examiner also granted motions by counsel for the Board and the
I. L. W. U. to amend the pleadings to conform to the proof with
respect to dates, proper names, and various classifications, and with-
out reference to opposing contentions of the parties. His rulings are
hereby affirmed.
All the parties except Alabama Warehousing Company were repre-
sented by counsel,21 and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses and to
20 This contract will be discussed infra
21 Turner Terminal Company and Bay Stevedoring Company were represented by their
officers.
DECISIONS AND ORDERS 1303
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
other rulings on motions and on objections to the admission of evi-
dence. The Board has reviewed the other rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
The Trial Examiner notified the parties of their right to apply
for oral argument and to file briefs within 10 days after the close
of the hearing. At the request of several of the parties and pur-
suant to notice to all the parties, a hearing was held before the
Board on September 12, 1938, at Washington, D. C., for the pur-
poses of oral argument. The Board has considered the briefs which
were filed with it by Fidelity Warehouse Corporation; Warrant Com-
press & Warehouse Co.; the Railroad; State Docks Commission, Mur-
ray Stevedore Company, United Fruit Company, the clients of
Palmer Pillans,22 Waterman Steamship Corporation, Pan-Atlantic
Steamship Corporation, Ryan Stevedoring Company, Inc. and Local
1410.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
The corporations, partnerships, and individuals listed below 23 are
steamship operators, steamship agents, or stevedoring companies who
are engaged in the transportation of cargo by ship between Mobile,
Alabama, and ports in States other than Alabama anal/or foreign
countries or in the loading and unloading of such cargo on and from
ships at Mobile, Alabama. None of these companies transports or
handles cargo which has been transported or which is to be trans-
ported by ship between Mobile and other ports in Alabama.24 In
connection with their business, these companies employ at Mobile,
Alabama, longshoremen, checkers, banana handlers, and/or ware-
22 The companies listed in footnote 1, supra.
23 Bay Stevedoring Co. ; Fillette Green and Company ; Gulf Ports Service Corporation ;
Luckenbach Gulf Steamship Company, Inc ; Mobile Stevedoring Company, Inc ; Murray
Stevedore Company ; Richard Murray & Company ; Norton , Lilly & Company ; Ocean Do-
minion Steamship Corporation ; Oceanic Stevedoring Company of Alabama, Inc. ; Page &
Jones ; Pan-Atlantic Steamship Corporation ; Pate Stevedore Company ; Ryan Stevedoring
Company, Inc. ; Strachan Shipping Company ; Swayne & Hoyt, Ltd. ; United Fruit Com-
pany ; Van Heynigen Company ; Walsh Stevedoring Company , Inc ; and Waterman Steam-
ship Corporation.
24 The parties so stipulated at the hearing.
1304 NATIONAL LABOR RELATIONS BOARD
housemen 25 who handle the cargo which has been received from or
which is destined for ports in States other than Alabama and/or
foreign countries.
J. R. Dent, Steamship Agent, is engaged in the business of acting
as forwarding agent for steamship companies and companies import-
ing merchandise through the Port of Mobile. The merchandise is
transported to Mobile on vessels carrying general cargo between
Mobile and ports in States other than Alabama and about 50 per cent
of it upon being unloaded at Mobile is reshipped by rail and other
carriers to States other than Alabama. In connection with his busi-
ness, J. R. Dent employs up to 40 warehousemen and up to two
warehouse checkers.
DeBardeleben Coal Company is a corporation engaged in the min-
ing and sale of coal at various places in Alabama. During 1937
over half of the coal mined by it was shipped by rail to States other
than Alabama. Some of the coal was shipped to Mobile where it
was sold for fuel to ships engaged in the transportation of cargo
and/or passengers between Mobile and ports in States other than
Alabama and/or foreign countries. In connection with these latter
sales, as well as in connection with similar sales made by other com-
panies, DeBardeleben Coal Company employed persons as coal trim-
mers to aid in the delivery of this coal to the bunkers of ships for
which it had been purchased.
Coast Transportation Company, Inc., is a corporation engaged in
the transportation of general cargo by barge between ports in Loui-
siana, Alabama, and Florida. In connection with this business, it
employs at Mobile persons to load and unload cargo.
Fidelity Warehouse Corporation, Turner Terminal Company, and
Warrant Compress & Warehouse Company are corporations engaged
chiefly in the receiving, storing, weighing, compressing, and delivery
cf cotton to ships. All but a small percentage of the cotton is
shipped to ports in States other than Alabama and/or foreign coun-
tries. In this business, these companies employ warehousemen and
21 The following companies employ longshoremen : Mobile Stevedoring Company, Inc. ;
Murray Stevedore Company ; Oceanic Stevedoring Company of Alabama, Inc ; Pate Steve-
dore Company ; Ryan Stevedoring Company ; Walsh Stevedoring Company, Inc.
The following companies employ banana handlers : Bay Stevedoring Co, and Murray
Stevedore Company.
The following companies employ checkers regularly : Gulf Ports Service Corporation ;
Luckenbach Gulf Steamship Company, Inc ; Oceanic Stevedoring Company of Alabama,
Inc. ; Ryan Stevedoring Company ; Swayne & Hoyt, Ltd ; Walsh Stevedoring Company, Inc
The following companies employ checkers when requested by steamship companies to do
so and are repaid by , the steamship companies : Fillette Green & Company ; Richard
Murray & Company ; Page & Jones ; and Van Heynigen Company.
. The following companies also employ warehousemen : Oceanic Stevedoring Company of
Alabama, Inc. ; Ryan Stevedoring Company, Inc ; Walsh Stevedoring Company, Inc.
The following companies employ no persons in the above classifications : Ocean Dominion
Steamship Corpoiation and United Fruit Company
DECISIONS AND ORDERS 1305
cotton compress men. Anderson and Clayton Co., -which owns all
the stock of Fidelity Warehouse Corporation, is a joint stock associa-
tion engaged in the buying and shipping of cotton. It maintains
offices in 11 States and has associates in foreign countries for the
purpose of carrying on its business . It does not employ at Mobile
any longshoremen , clerks, checkers , or warehousemen.
The Texas Company, a wholly owned subsidiary of the Texas
Corporation, is engaged at Mobile, Alabama, in the storing and de-
livery of the refined oil products of its parent corporation and of the
Standard Oil Company of Kentucky, which have come to Mobile by
ship from ports in States other than Alabama and /or foreign coun-
tries. The company employs warehousemen in this business.
C. E. Irvins and T . M: Stevens are the receivers of Mobile & Ohio
Railroad , a corporation owning a railroad extending from Mobile,
Alabama, to East St. Louis, Missouri , which carries freight between
Mobile, Alabama, and various points outside the State of Alabama.
Mobile & Ohio Railroad owns docks at Mobile, Alabama, which are
used in connection with the transportation of goods in interstate
and foreign business . The railroad employs warehousemen at these
docks.
The State Docks Commission was created by the State of Alabama
as an agency through which the State might accomplish the acquisi-
tion, construction, maintenance , and operation of harbors and sea-
ports and related facilities within the State of Alabama. Pursuant
to the law creating the State Docks Commission, it operates docks
at Mobile, Alabama , in connection with which it employs ware-
housemen.
We find that each of the corporations , partnerships , and individ-
uals listed above in this section is engaged in trade, traffic, trans-
portation , and commerce among the several States and /or between
the United States and foreign countries , and/or their operations
described above have a close, intimate , and substantial relation to
trade, traffic , and commerce among the several States. The long-
shoremen, checkers , banana handlers , coal trimmers, and/or barge
laborers employed by these companies are directly engaged in such
trade, traffic , transportation , and commerce.
Alabama Warehousing Company ceased to do business at Mobile on
September 11, 1935.
II. THE ORGANIZATIONS INVOLVED
International Longshoremen and Warehousemen 's Union is a labor
organization affiliated with the Committee for Industrial Organiza-
tion, admitting to its membership various classes of workers.
1306 NATIONAL LABOR RELATIONS BOARD
Local 1410 of International Longshoremen 's Association is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to its membership longshoremen employed at the Port of
Mobile.
Checkers & Dock Clerks , International Longshoremen 's Associa-
tion, Local #1459, is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to its membership checkers and
dock clerks employed at the Port of Mobile.
Warehouse Workers, International Longshoremen 's Association,
Local #1473, is a labor organization affiliated with the American
Federation of Labor, admitting to its membership warehouse workers
employed at the Port of Mobile.
Banana Handlers, International Longshoremen 's Association,
Local # 1516 , is a labor organization affiliated with the American Fed-
eration of Labor, admitting to its membership banana handlers em-
ployed at the Port of Mobile.
III. COLLECTIVE BARGAINING HISTORY IN THE PORT OF MOBILE
Various labor organizations of longshoremen have existed on the
waterfront at Mobile since before 1900. At certain times, coal
handlers and banana handlers, and other miscellaneous waterfront
workers were included in the membership of these organizations.
At other times there were separate organizations for these categories
of employees. Prior to 1922, these various labor organizations bar-
gained with individual stevedoring companies and negotiated all
agreements with them. During this period, there were not many
stevedoring companies at Mobile.
With the commencement of activities of the United States Ship-
ping Board in 1921, the number of shipping companies and steve-
doring companies at Mobile increased. As a result of'this increase,
the various companies acted and consulted together in matters in-
volving longshore labor, as well as in other matters, and the Mari-
time Committee of the Chamber of Commerce of Mobile was es-
tablished to conduct various activities on behalf of the shipping com-
panies. In 1922, this Committee negotiated a written agreement
on behalf of four employers of longshore labor at the Port, with
three longshore labor organizations affiliated with- the I. L. A.
In 1923, the labor organizations which then represented long-,
shoremen at the Port called a strike for higher wages. The strike
was lost. From 1923 to 1934, no labor organization was successful
in securing agreements with the employers of longshore labor.
In June 1934, I. L. A., Local #1284, struck against the employers
of longshore labor. On July 9, 1934, the strike was terminated by
DECISIONS AND ORDERS 1307
an agreement between the Mobile Steamship Association ,26 herein
called the Association , and representatives of the striking workers.
On July 17 , 1934, the Benevolent Association of Longshoremen, No.
1, of Mobile , Alabama, herein called the Benevolent , was formed and
shortly thereafter secured an oral agreement with the Association
establishing hours, wages , and other working conditions at the Port.
It was agreed at this time that negotiations for a written agree-
ment would be entered into if the parties lived up to the oral agree-
ment for a year.
In 1935 the president of the Benevolent approached the Walsh
Stevedoring Company and asked for a written agreement embody-
ing the wages , hours, and other working conditions then in effect.
One of the officials of the Walsh Stevedoring Company suggested
to the Association and to the stevedores of the Port that such an
agreement be made. Accordingly , on July 16, 1935, the Associa-
tion entered into an agreement with the Benevolent . The agree-
ment was signed only by the Association and not by the individual
employers of longshore labor.
In November 1935, I. L. A., Local #1284 , conducted an unsuccess-.
ful strike against the employers of longshore labor at the Port. The
unrest among the longshore workers persisted . In December 1935,
through the offices of the Federal Longshoremen 's Mediation Board
an agreement was entered into by the Benevolent , the I . L. A., and
the Association for an election among the longshoremen in the Port,
to determine whether they desired to be represented by the Benevolent
or by the I. L. A. It was agreed that the contract with the Associa-
tion which then covered the wages , hours, and working conditions of
the longshoremen should be assumed by the successful party in the
election , and that the members of both organizations would be
eligible to membership in whatever organization won the election.
The I . L. A. won the election . In February 1936, Local 1410 of the
I. L. A. was established and the contract with the Association then
in effect was transferred to it, in accordance with the provisions of
the election agreement.
On June 30 , 1937, when the contract expired, it was extended by
mutual agreement until September 30, 1937. On November 17, 1937,
a contract , made retroactive to October 1, 1937, was negotiated. It
was to remain in effect until September 30, 1938 , in so far as it related
to deep-sea longshore work, and until October 30 , 1938, in so far as
it related to coastwise longshore work. This contract was. negotiated
qnd signed by the Association which represented in addition to its
members certain other companies described below . On November 26,
1937, the Association notified Local 1410 that certain companies were
20 The Mobile Steamship Association which was organized in 1930 is discussed in detail
in Section IV, infra:
1308 NATION AL LABOR RELATIONS BOARD
"covered" by the contract. The purpose of this letter was to bind
the companies which had been represented in collective bargaining
negotiations by the Association. The companies which were named
included all the stevedoring companies employing longshore labor
at the Port, as well as the entire membership of the Association.
The actual negotiations for the contract were conducted by a com-
mittee composed of representatives of three of the stevedoring com-
panics. Stewart LeBlanc, president of the Association, testified that
the employers of longshore labor, whether members or non-members
of the Association, were consulted during the negotiations which
culrpinated in the contract; that when the member shipping com-
panies agreed to the contract, they imposed its terms upon the steve-
dores who did their longshore work for them. A member shipping
company is bound by a contract negotiated by the Association, unless
it desires to resign from the Association.
As noted previously, some of the longshore labor organizations
prior to 1923 included in their membership, workers other than those
who were employed as longshoremen by the deep-sea, coastwise, and
intercoastal companies. The longshore labor organizations created
after 1934, limited their. membership to the afore-mentioned long-
shoremen. Prior to 1937 there was no organization on the water-
front which represented clerks and checkers, banana handlers, coal
trimmers, and barge laborers.
In May 1937 a separate local of the I. L. A. was formed, limiting
its membership to clerks and checkers employed by the stevedores
and members of the Association. In November 1937 the Association
negotiated and signed a contract with the newly formed organization,
the Clerks and Checkers Local. Shortly thereafter, the Association
sent a letter to the Clerks and Checkers Local naming the same
parties to the contract as in the case of the longshoremen's contract.
Also, in 1937 the Banana Handlers Local, an affiliate of the I. L. A.,
admitting to membership banana handlers, was formed and negoti-
ated a contract with Murray Stevedore- Company. This contract
was negotiated by the Murray Stevedore Company independently
of the Association or any other employers of labor on the waterfront.
Also, in 1937 the Warehousemen's Local, an affiliate of the I. L. A.,
admitting to membership warehouse workers employed at Mobile,
was formed. In January 1938, this organization negotiated a con-
tract with State Docks Commission. This is its only contract.
Although Murray Stevedore Company and some of the companies
employing warehousemen are either members of the Association or
have been represented by the Association in negotiations with respect
to longshoremen and clerks and/or checkers, they have not bargained
DECISIONS Vi ) ORDERS 1309
through the Association with respect to other classifications of
employees.
Prior to the advent of the I. L. W. U., the coal trimmers em-
ployed by DeBardeleben Coal Company, and the barge laborers em-
ployed by Coast Transportation Company, Inc., had not been or-
ganized. They have not bargained collectively with their employers
up to the present time.
IV. THE MOBILE STEAMSHIP ASSOCIATION
The Mobile Steamship Association, an unincorporated voluntary
association, was organized in 1930 by representatives of various
steamship companies, operating in the Port of Mobile. Its objectives
and purposes, as expressed in its constitution are "to acquire, preserve
and disseminate information pertaining to the ocean commerce of the
Port of Mobile ; to promote the interests, to decrease the risks, and
to improve the methods in the handling thereof ; and generally to do
any and all things to advance the interests of the Port of Mobile
and to increase the ocean commerce thereof ; and to hold and exer-
cise all such incidental powers as relate to the objectives heretofore
set forth." Its bylaws provide that "Shipowners, Agents of Ship-
owners, Charterers, or the Representatives of said interests, shall be
eligible to membership in this Association. No firm or agency shall
be entitled to more than two memberships and they shall be limited
to partners, officers of incorporated firms, or to the principal em-
ployees of such firms, agencies or corporations." Its membership
includes all shipping companies and agents engaged in deep-sea,
coastwise, and intercoastal shipping and Walsh Stevedoring Com-
pany, a stevedore, which acts as an agent for shipping companies.
It does not include Mobile Stevedoring Company, Inc., Murray Steve-
dore Company, Oceanic Stevedoring Company of Alabama, Inc., Pate
Stevedoring Company, and Ryan Stevedoring Company, Inc., the
five other stevedoring companies which load and unload the ships of
the' companies which are members of the Association. However, the
board of directors of Waterman Steamship Corporation, and of
Pan-Atlantic Steamship Corporation, own more than 50 per cent
of the capital stock of Ryan Stevedoring Company, Inc. Oceanic
Stevedoring Company of Alabama, Inc. is owned almost exclusively
by Strachan Shipping Company, which is represented in the Asso-
ciation. The membership of the Association does not include Bay
Stevedoring Company, DeBardeleben Coal Company, Coast Trans-
portation Company, United Fruit Company, and those companies
engaged solely in warehousing and related businesses.
Since 1934 the Association has performed a collective bargaining
function for its members and the stevedores in the Port. The Asso-
1310 NATIONAL LAtif.- RELATIONS BOARD
ciation negotiated and signed the 1935 and 1937 contracts with or-
ganizations of longshore labor as noted in. the previous section. The
1937 contract provided for the arbitrati^,n of disputes by a board of
arbitrators, which consisted of one man named by the Association
or stevedore, one by the I. L. A., and a third man to be chosen by
the two other members. The contract further provided that "the
finding of such board will be final, and both parties to abide thereby."
The only dispute arising during the past year was adjusted through
the Association when the president of Local 1410 submitted a griev-
ance against one of the stevedores. The president of the Association
suggested that the grievance be settled with the individual stevedore.
However, it was later decided to have the membership of the Asso-
ciation as a whole participate in the adjustment, which was done
Without recourse to the arbitration clause of the contract. Accord-
ing to LeBlanc, this action was taken because Local 1410 felt that if
the Association handled the grievance "it would be more permanent."
The stevedore involved abided by the decision of the Association.
In addition to its functions relating to collective bargaining and
the adjustment of disputes, the Association has in the past helped to
maintain a supply of labor during longshore strikes on the Mobile
waterfront. This assistance was rendered by the insertion of ad-
vertisements for employees in the newspapers and by the hiring of
special police.
V. THE APPROPRIATE UNIT
In its amended petition for investigation and certification of rep-
resentatives, the I. L. W. U. asserted that the unit most appropriate
for the purposes of collective bargaining consisted of "all longshore-
lnen 27 and warehousemen on the Mobile water-front; that is, all
workers who sling, load, move, haul, unload, check, tally, pile, and
store water-borne freight and perform similar or related work on
steamships while in port and in, at, or on warehouses, docks and
wharves, at, to, or from which ships load or discharge freight." It
contended that there should be included in this unit clerks and check-
ers engaged in checking cargo to and from ships. At the hearing,
it contended that warehousemen should be included in a separate unit.
The companies and Local 1410 contended that the appropriate bar-
gaining unit is one restricted to longshoremen 27 employed by an
individual employer. They contended that clerks and checkers
should be excluded from the units. The Clerks and Checkers Local
contended that an appropriate unit consists of all clerks and checkers
employed by the shipping and stevedoring companies which have
The competing labor organizations and. the companies disagreed with respect to which
classification of employees should be included in the longshoremen 's unit or units. We
shall discuss their respective contentions below.
DECISIONS AND ORDERS 1311
been represented by the Association in collective bargaining. While
the companies contended that the Board has no power to establish
a bargaining unit broader than the individual employer, they made
no specific objection to the inclusion of all clerks and checkers in one
unit.
The I. L. W. U. in making the contention noted above sought to
include in the longshoremen's unit, coal trimmers employed by
DeBardeleben Coal Company, barge laborers employed by Coast
't'ransportation Company, Inc., and banana handlers employed by
Murray Stevedore Company. As we have noted, DeBardeleben Coal
Company, Coast Transportation Company, Inc., and Murray Steve-
dore Company, where they have bargained at all, have bargained
with the coil trimmers, barge laborers, and banana handlers inde-
pendently of any other employers. Only those companies repre-
sented by the Association have engaged in joint collective bargain-
ing for longshore labor. We shall examine the appropriateness of
a single unit composed of the employees of the companies, which
have been represented by the Association.
The history of bargaining for these longshore employees is per-
suasive that this unit is the one that will insure to these employees
the full benefit of their right to self-organization and to collective
bargaining, and will otherwise effectuate the policies of the Act. The
only contracts which longshore labor organizations have been able
to secure in recent years have been those which were negotiated
directly with the Association, or, as in the case of 1922 contract, with
employers of longshore labor acting jointly in negotiations. The
fact that no employer saw fit to bargain independently with the
representatives of his employees, demonstrates that the individual
employers of longshore labor believe joint collective action by both
employers and employees to be the most effective method of bar-
gaining. Furthermore, while Local 1410 contended that the indi-
vidual employer unit was the most appropriate, it advanced no
reason in support of its contention. The only reason advanced by
the companies why the individual employer unit is more appropriate
is that each company desires to bargain with its own employees, and
that particularly the smaller companies do not wish to have the
employees of the larger companies, by their sheer numbers, dictate
to their own employees. This asserted reason is without merit, in
view of the collective bargaining history of the Port, and in view
of the fact that the employers of longshore labor have adopted and
encouraged the practice of collective bargaining by the employers
acting jointly through the Association.
It is contended that, apart from the question of which unit is the
more appropriate, the Board has no jurisdiction to establish a bar-
1312 NATIONAL LABOR RELATIONS BOARD
gaining unit broader than the individual employer. The Board is,
however, expressly given the authority to decide that the "employer"
unit is the unit most appropriate for purposes of collective bargain-
ing. The Act includes "any person acting in the interest of an
employer, directly or indirectly" within the term "employer." "Per-
son" is defined as "one or more . . . associations ..."
It is apparent from our previous discussion that both the Associa-
tion as well as its individual members have acted in the interest of the
six stevedoring companies employing longshore labor. The Associa-
tion has engaged in collective bargaining for all the individual com-
panies employing or requiring longshore labor at the Port of Mobile.
It has settled a grievance with respect to an individual stevedore in
order to place the settlement upon a more permanent basis. During
tunes of strife on the waterfront, it has participated actively in
keeping open for the employers of longshore labor access to their
labor supply. The individual shipping companies have either
through financial control or through economic control dictated to
the stevedore companies what wages, hours, and working conditions
should be established for the employees of the latter companies. The
result has been that the stevedoring companies are merely the nominal
employers of the longshore labor, while the shipping companies act-
ing through the Association exercise most of the functions which are
the essential attributes of the employer-employee relationship.
We find that the Association, as well as each of the companies,
which in the past has acted through the Association, is an employer
of the longshore labor herein involved, and that the longshoremen
employed by all of the afore-mentioned companies constitute a unit
appropriate for the purposes of collective bargaining, and that said
unit will insure to these employees the full benefit of their right to
self-organization and to collective bargaining, and will otherwise
effectuate the policies of the Act. °
The considerations which have led us to find that a bargaining unit
broader than the individual employer is appropriate for longshore-
men are present in substantially the same degree with respect to clerks
and checkers. The Clerks and Checkers Local contends for a unit com-
posed of clerks and checkers of employers for whom the Association
has acted. The I. L. W. U. asked for a still broader unit but prefers
the unit urged by the I. L. A. to an individual employer unit. The
history of bargaining among clerks and checkers has been brief.
However, it is significant that 'the first contract negotiated by an
organization which represented clerks and checkers was negotiated
with the Association and not with the individual employers of clerks
and checkers. Accordingly, we find that clerks and checkers should
be included in a unit comprising the clerks and checkers employed
DECISIONS AND ORDERS 1313
by all the companies who have acted through the Association.
Whether they should also be included with longshoremen in a single
unit will be discussed hereafter.
The parties agreed that there should be included in the unit of those
engaged in longshore work all persons handling cargo- between the
ship and its first place of rest, and vice versa, that is, all longshore-
men. They also agreed that there should be included in this unit the
gang foremen and that there should be e:eluded the walking bosses,
wharf superintendents, assistant wharf superintendents, watchmen,
timekeepers, warehousemen, and car loaders, in so far as they are not
also employed as longshoremen, and dock sweepers. The parties dis-
agreed, however, concerning the inclusion of coal trimmers, barge-
men, sack sewers, banana handlers, and clerks and checkers within
this unit. The I. L. W. U. desired all the latter classifications of
employees to be included, while the other labor organizations and the
companies desired them to be excluded. Since none of the companies
listed in appendix "C" employ coal trimmers or bargemen, these cate-
gories of employees will, of course, be excluded from the longshore
unit.
Sack Sewers. The I. L. W. U. contended that the sack sewers
should be included in the longshoremen's unit because they are
engaged in sewing sacks handled by the longshoremen and because
they work at the side of the longshoremen. Except for a statement
by a representative of Local 1410 to the effect that sack sewers should
not be included in the unit because they are not considered to be
longshoremen, no reason was advanced by any of the parties why
they should be excluded. In view of the fact that sack sewers are
not represented by a separate labor organization and that one of the
competing labor organizations is willing to represent them, they
will be included in the longshoremen's unit.
Banana Handlers. • The question of whether or not these workers
should be included in the longshore unit arises only with respect to
those employed by Murray Stevedore Company, since the only other
company which employs them, namely, Bay Stevedoring Company,
is not one of those employers who have been represented by the
Association.
The following facts are undisputed with respect to the banana
handlers employed by Murray Stevedore Company. Their work
differs from that of longshoremen, in that less physical strength is
required due to the greater use of mechanical equipment in such work.
Some of the men are engaged in shovelling aluminum ore and un-
loading grain, work which, like banana handling, is usually not per-
formed by longshoremen. They have never been covered by the
contracts which the Association has entered into with the various
1314 NATIONAL LABOR RELATIONS BOARD
longshore labor organizations. Their rate of pay is lower than that
of longshoremen. At the present time, their wages, hours, and work-
ing conditions are determined by a contract entered into between
Murray Stevedore Company and the Banana Handlers Local, which
was organized in 1937 and which admits only banana handlers to
membership. We shall accordingly exclude them from the longshore
unit. However, those banana handlers who are in fact engaged in
longshore work will be included in the longshore unit.
We find that the persons employed as banana handlers at Mobile
by Murray Stevedore Company and by Bay Stevedoring Company
each constitute a separate unit appropriate for the purposes of collec-
tive bargaining, and that said units will insure to these workers the
full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
Clerks and Checkers. There are two groups of clerks and checkers
with whom we are concerned, namely, those who work for the ship-
ping companies and stevedores who act through the Association, and
those employed by the other companies in the proceedings. In this
section, we are dealing only with the first group.
The work of clerks and checkers is solely clerical and does not
involve the physical handling of the cargo. Most clerks and
checkers are employed irregularly and shift from company to com-
pany. Prior to 1937, there was no organization among the clerks
and checkers, and they had never been included in the longshore
contracts. In 1937, the Clerks and Checkers Local was formed and
negotiated a contract with the Association.
The fact that clerks and checkers do different work and receive
different pay from longshoremen are reasons for excluding them
from the longshoremen's unit. On the other hand, they work-in con-
junction with longshoremen, they move around from employer to em-
ployer like the longshoremen, and they receive work only when there
is work for the longshoremen. The collective bargaining history of
clerks and checkers has been so brief that it is impossible to deter-
mine from it whether they can bargain more effectively in the long-
shoremen unit or in a separate unit. We shall, therefore, consult
the desires of the clerks and checkers themselves to determine
whether they desire to be included in the longshoremen's unit. Con-
flicting evidence was offered by the I. L. W. U. and by the Clerks
and Checkers Local in support of their respective claims to repre-
sent this group. Since we cannot determine which organization in
fact represents them, we find that an election by secret ballot is
necessary to determine whether the clerks and checkers desire to be
included in the longshoremen's unit or in a separate unit. If they
desire to be included in the longshoremen's unit, they shall signify
DECISIONS AND ORDERS 1315
it in the election by designating the I . L. W. U. as their collective
bargaining representative . If they desire to be included in a sep-
arate unit, they shall signify that by designating the Clerks and
Checkers Local as their bargaining representative.
We find that all persons employed to do longshore work by the
companies listed in appendix • "C", including longshoremen and
sack sewers , and excluding banana handlers , walking bosses, wharf
superintendents , assistant wharf superintendents , watchmen, time-
keepers , dock sweepers , and warehousemen and carloaders , in so far
as they are not employed as longshoremen , and including or exclud-
ing clerks and checkers as shall be determined upon the basis of the
results of the election herein ordered , constitute a unit appropriate
for the purposes of collective bargaining.
We will order separate elections among the persons employed to
do longshore work and among the clerks and checkers employed by
the companies listed in appendix "C". If both groups of employees
choose the I. L. W. U. they will together constitute a single bargain-
ing unit. If they do not, each group choosing to be represented by
a union will constitute a separate bargaining unit.
Although the I. L. W. U. contended that barge laborers and coal
trimmers should be included in the longshoremen's unit, its counsel
stated at the oral argument that in the event the Board did not
accept all its contentions it should not dismiss the case with respect
to any of the companies named in the petition . We shall, accord-
ingly, consider what units are most appropriate for the employees of
Coast Transportation Company, Inc., and DeBardeleben Coal
Company.
Coast Transportation Company, Inc., employs regularly 30 to 35
barge laborers to load and unload its barges. It has employed about
75 such men at various times in the past year . These men are all
unskilled workers ; they receive 35 cents per hour; and they are em-
ployed irregularly. This Company also employs a full-time fore-
man and two full-time clerks. The clerks are engaged in checking
cargo to and from the barges. No contention was made by any of
the parties with respect to the inclusion or exclusion of these clerks.
They will be included in the same unit as the barge laborers. The
foreman has complete supervision of the company 's loading and
unloading operations at Mobile, and will be excluded from the unit
since his interests seem to be with the management . We find that all
persons employed by Coast Transportation Company, Inc., at Mobile,
to load and unload barges , including barge laborers and clerks, and
excluding foremen, constitute a unit appropriate for the purposes
of collective bargaining, and that said unit will insure to these em-
ployees the full benefit of their right to self-oganization and col-
1172 13-39-vol. 8-84
1316 NATIONAL LABOR RELATIONS BOARD
lective bargaining and otherwise effectuate the policies of the Act.
DeBardeleben Coal Company employs at the Port of Mobile, 30 to
35 coal trimmers regularly and about 80 other coal trimmers irregu-
larly for the purpose of trimming coal which it supplies to ships for
fuel. It also employs two coal checkers to check cargo aboard the
ships and three operators of the mechanical device which loads the
coal on the ships. It employs no other labor in connection with its
business at Mobile. It does not affirmatively appear from the record
that the work of the checkers and the operators of the mechanical
device is such that they should not be included in a unit with the
coal trimmers, and no contention was made by any of the parties
that they should be excluded. We find that all persons employed at
the Port of Mobile by DeBardeleben Coal Company to load coal on
ships, including coal trimmers, coal checkers, and operators of the
mechanical loading device, constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to these
employees the full benefit of their right to self-organization and
collective bargaining and otherwise effectuate the policies of the Act.
The I. L. W. U. asked in its petition that the warehousemen em-
ployed by the companies named in the petition be included in a single
unit. Since there has been no history of joint collective bargaining
with employers of warehousemen, we see no basis for the inclusion
of all such employees in a single unit. The I. L. W. U. requested,
however, that wherever a group unit was not appropriate, separate
employer units should be established. The Warehousemen's Local
agreed that separate units should be established among the warehouse
employees of each of the companies named in the petition.
The I. L. W. U. contended that the following should be included
in the warehousemen's units : All persons employed by warehouse com-
panies at their docks or warehouses, including cotton compress labor-
ers, and excluding longshoremen, supervisory, and clerical employees,
and the office forces. The Warehousemen's Local contended that
warehouse checkers should be included in these units. It would seem
from the fact that gang foremen and tractor foremen are included
in its contract with State Docks Commission, that the Warehouse-
men's Local also desired these employees to be included in' the
warehousemen's units. The I. L. W. U. made no objection to the
inclusion of warehouse checkers, gang foremen, and tractor foremen.
The work which is done by the employees at the various warehouses
consists mainly of carrying and piling merchandise in and around
the warehouse and is largely unskilled. It is seasonal and most of
these employees are only casual. Some of the companies named in
the petition are engaged almost exclusively in the warehousing of
cotton, while others like the Texas Company, are engaged in the
warehousing of oil products. The type of work, lwwever, is sub-
, DECISIONS AND ORDERS 1317
stantially the same for all companies. There has been no history
of collective bargaining with respect to any of the warehousemen,
except as to those employed by State Docks Commission. No reason
was advanced by any of the companies concerned why there should
not be included in separate units for each company all their em-
ployees. We find, therefore, that the warehousemen employed by each
of the ' companies listed in appendix "A", respectively, including
warehouse checkers, gang foremen, tractor foremen, and cotton com-
press workers, and excluding longshoremen, supervisory and clerical
employees, and the office force, constitute units appropriate for the
purposes of collective bargaining, and that said units will insure to
these employees the full benefits of their right to self-organization
and otherwise effectuate the policies of the Act.
VI. THE QUESTIONS CONCERNING REPRESENTATION
The contracts made by Local 1410 and the Clerks and Checkers
Local in November 1937, with the Association, expire on September
30, 1938.28 The I. L. W. U. in its petition claims to represent a ma-
jority of the longshore workers employed at the Port of Mobile,
including sack sewers, banana handlers, coal trimmers, barge labor-
ers, clerks and checkers, and warehousemen employed by the various
companies involved in this proceeding. In support of this claim the
I.. L. W. U. introduced testimonial evidence that approximately 2,029
persons, including employees in each of the afore-mentioned classifi-
cations, had signed membership cards and that the organization
represents a majority of the persons employed by each of the com-
panies named in the petition which employ persons in the appropri-
ate classifications. The I. L. W. U. did not offer evidence with
respect to its exact numerical representation among each of the
employers and in each classification of employees. We do not regard
such detailed proof as essential in this proceeding, since under the
contentions of both the companies involved and the competing labor
organizations, a controversy exists in fact concerning the I. L. W. U.'s
claim to represent the groups of workers affected.
We find that questions concerning representation have arisen con-
cerning employees of the companies listed in appendix "B", and
that such questions tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
Since Alabama Warehousing Company, Anderson and Clayton
Company, and United Fruit Company do not employ persons in
the classifications which the I. L. W. U. claims to represent, we find
that no questions have arisen concerning representation of em-
28 The coastwise portion of the longshoiemen 's contract expires on October 30, 1938.
1318 NATIONAL LABOR RELATIONS BOARD
ployees of the afore-mentioned companies, and we shall accordingly
dismiss the petition in so far as it relates to these companies.
We shall also dismiss the petition in so far as it relates to State
Docks Commission, since that organization is a division of the State
of Alabama. It is not an employer within the meaning of Section
2 (2) of the Act.
We shall also dismiss the petition in so far as it, relates to C. E.
Irvins and T. M. Stevens, Receivers of Mobile & Ohio R. R., since
the latter are subject to the Railway Labor Act and are, consequently,
not an employer within the meaning of Section 2 (2) of the Act.
VII. THE DETERMINATION OF REPRESENTATIVES
At the hearing, two witnesses offered by the I. L. W. U. testified
that approximately 2,029 persons employed at Mobile had signed ap-
plication cards in the I. L. W. U. and that these persons included
each of the various classifications of employees which the I. L. W. U.
contended should be included in the longshoremen and warehouse-
men's units. One of the witnesses testified further that the I. L. W. U.
represents a majority of the persons employed by each of the
companies named in the petition. The various organizations affiliated,
with the I. L. A. also introduced evidence that the I. L. A. repre-
sented substantially all the persons employed by the companies
whose employees the I. L. A. had organized. We find that elections
by secret ballot among the longshoremen, clerks and checkers, ware-
housemen, coal trimmers, barge laborers, and banana handlers em-
ployed by the companies named in the petition are necessary to
resolve the questions concerning representation with respect to
them. 28a
In determining which employees are eligible to vote in these elec-
tions, it is necessary to consider separately the different groups of
employees. With respect to the longshoremen employed by the com-
panies listed in appendix "C," Local 1410 contended that certain
lists of longshoremen which were introduced into evidence- contained
the names of all longshoremen who are members of regular gangs at
the Port. The Local urged that these lists should be used in deter-
mining those eligible to vote. Local 1410 admitted, however, that
there were other persons employed at the Port to do longshore work,
who, since they are not members of regular gangs, are not included
in these lists. The record does not disclose definitely the number of
211 The Board has been advised by the Regional Director for the Fifteenth Region that
on September 27, 1938, Murray Stevedore Company made a closed-shop contract with the
I. L. A. effective October 1, 1938, for the ensuing year, covering the banana handlers in its
employ. Without passing on the status of the contract in the event the I. L. A. wins the
election and is certified as bargaining representative it is clear that in the event the
I. L. W. U. wins the election and is certified it will have the right to represent the
employees for collective bargaining and to make such contracts as it can negotiate.
DECISIONS AND ORDERS 1319
such employees. Since the latter employees, like those who are mem-
bers of regular gangs, are entitled to participate in the choice of
representatives, the lists introduced by Local 1410 cannot be used.
The I. L. W. U., on the other hand, suggested that any employee
who had worked during each of any four weeks between October 1,
1937, and January 1, 1938, should be entitled to vote. This type of
standard for determining eligibility to vote is more suitable. The
busy season at the Port extends from October 1 to March 31 of each
year. In order to provide that all persons entitled to vote have the
opportunity to do so, the peak period will be used in determining
eligibility. Any person who worked in each of any eight weeks dur-
ing this period will be eligible to vote.
The work of barge laborers and-coal trimmers, like that of the
other employees on the waterfront, is irregular and these groups of
employees shift from company to company in their search for em-
ployment. No contention was made at the hearing with respect to
criteria for establishing their eligibility to vote. Accordingly, we find
that the barge laborers employed by Coast Transportation Company,
Inc., during each of any eight weeks from October 1, 1937, to March
31, 1938, shall be eligible to vote in the election. We further find-
that the coal trimmers employed by DeBardeleben Coal Company in
each of any eight weeks from October 1, 1937, to March 31, 1938,
shall vote in the election.
The Warehousemen's Local contended that in order to be per-
mitted to vote in the warehousemen's elections, a warehouseman
must have earned $5 per week in each of any eight weeks between
January 1, 1938, and July 1, 1938. It contended that this was the
proper period for determining eligibility to vote because it "included
three busy months and three slack months. We cannot adopt this
standard, for the reasons heretofore stated in connection with our
discussion of the eligibility of longshoremen to vote. A warehouse-
man shall be eligible to vote in the warehousemen's elections if he
has worked during each of any eight weeks between October 1, 1937,
and March 31, 1938.
Where a warehouseman has been employed by more than one com-
pany during the period which we fixed for determining eligibility,
his eligibility to vote shall be determined from his aggregate employ-
ment at all companies and he shall vote with the employees of the
company where he has had the greatest amount of employment
during the eligibility period.
The elections herein directed shall be held on the same day as
those which we directed in the case of Aluminum Line, et al. and
International Longshoremen and Warehousemen's Union (and re-
lated cases).29
29 8 N. L. R B. 1325..
1320 NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAw
1. Questions affecting commerce have arisen concerning the repre-
sentation of persons employed at Mobile, Alabama, by the companies
listed in appendix "B," within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. Questions have not arisen concerning the representation of per-
sons employed at Mobile, Alabama, by the companies listed in
appendix "D."
3. Mobile Steamship Association and the companies listed in ap-
pendix "C" are employers within the meaning of Section 2 (2) of
the Act.
4. State Docks Commission and C. E. Irvins and T. M. Stevens,
receivers of Mobile and Ohio R. R., are not employers' within the
meaning of Section 2 (2) of the Act.
5. The persons employed at Mobile, Alabama, as banana handlers,
by Murray Stevedore Company and Bay Stevedoring Company, re-
spectively, constitute units appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
6. The persons employed at Mobile, Alabama, by Coast Transpor-
tation Company, Inc., to load and unload barges, including barge
laborers and clerks, and excluding foremen, constitute a unit appro-
priate for the purposes' of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
7. The persons employed at Mobile, Alabama, by DeBardeleben
Coal Company, to load coal on ships, including coal trimmers, coal
checkers, and operators of the mechanical loading device, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
8. The persons employed as warehousemen at Mobile, Alabama,
by each of the companies listed in appendix "A," respectively, in-
cluding warehouse checkers, gang foremen, tractor foremen, and cot-
ton compress men, and excluding longshoremen, supervisory and cleri-
cal employees, and the office force, constitute units appropriate 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
DECISIONS AND, ORDERS 1321
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DIRECTED that, as part of the investigation directed by the Board
to ascertain representatives for the purposes of collective bargaining
with the companies listed in appendix "B," elections by secret ballot
shall be conducted within fifteen (15) days from the date of this
Direction, under the direction and supervision of the Regional Di-
rector for the Fifteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations, as follows :
1. An election shall be held among the persons employed to do
longshore work at Mobile, Alabama, by the companies listed in
appendix "C," including longshoremen and sack sewers, and ex-
cluding clerks and checkers, banana handlers, walking bosses, wharf
superintendents, assistant wharf superintendents, watchmen, time-
keepers, dock sweepers, and warehousemen and car loaders, in so far
as they are not employed as longshoremen, to determine whether
they desire to be represented by International Longshoremen and
Warehousemen's Union, affiliated with the Committee for Industrial
Organization, or by Local 1410 of International Longshoremen's
Association, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither. For the pur-
pose of the election, a person employed to do longshore work is hereby
defined as one who was employed by any of the companies listed
in appendix "C" to do longshore work during each of any eight
weeks between October 1, 1937, and March 31, 1938.
2. Separate elections shall be held among the persons employed
as banana handlers at Mobile, Alabama, by John T. Murray, Harry
R. Murray, and John Klaas, copartners doing business under the
name of Murray Stevedore Company and J. R. Atkins and M. D.
Greene, copartners, doing business as Bay Stevedore Co., respec-
tively, to determine whether they desire to be represented by Inter-
national Longshoremen and Warehousemen's Union, affiliated with
the Committee for Industrial Organization, or by Banana Handlers,
International Longshoremen's Association, Local No. 1516, affiliated
with the American Federation of Labor, for the purposes of collec-
tive bargaining,' or by neither. For the purpose of the election, a
person employed as a banana handler is hereby defined as one who
was employed as a banana handler during each of any eight weeks
between January 1, 1938, and July 1, 1938.
3. An election shall be held among the persons employed as clerks
and checkers at Mobile, Alabama, by the companies listed in ap-
pendix "C," to determine whether they desire to be represented 'by
International Longshoremen and Warehousemen's Union, affiliated
1322 NATIONAL LABOR RELATIONS BOARD
with the Committee for Industrial Organization, or by Checkers and
Dock Clerks, International Longshoremen's Association, Local No.
1430, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining, or by neither. For the purpose of the
election, a person employed as a clerk or checker is hereby defined
as one who was so employed by any of the companies listed in ap-
pendix "C" during each of_ any eight weeks between October 1, 1937, -
and March 31, 1938.
4. An election shall be held among the persons employed at Mobile,
Alabama, by DeBardeleben Coal Company, to load coal on ships,
including coal trimmers, coal checkers, and operators of the mechan-
ical loading device, to determine whether or not they desire to be
represented by International Longshoremen and Warehousemen's
Union, affiliated with the Committee for Industrial Organization for
the purposes of collective bargaining. For the purpose of the elec-
tion, a person employed as a coal trimmer is hereby defined as one
who was so employed by DeBardeleben Coal Company during each
of any eight weeks between October 1, 1937, and March 31, 1938.
5. An election shall be held among the persons employed to load
and unload barges, at Mobile, Alabama, by Coast Transportation
Company, Inc., including barge laborers and clerks, and excluding
foremen, to determine whether or not they desire to be represented
by International Longshoremen and Warehousemen's Union, affiliated
with the Committee for Industrial Organization, for the purposes
of collective bargaining. For the purpose of the election, a barge
laborer is herein defined as one who was so employed by Coast Trans-
portation Company during each of any eight weeks between October
1, 1937, and March 31, 1938.
6. Separate elections shall be held among the persons employed as
warehousemen at Mobile, Alabama, by each of the companies listed
in appendix "A," respectively, including warehouse checkers, gang
foremen, tractor foremen, and cotton compress men, and excluding
longshoremen, supervisory and clerical employees, and the office force,
to determine whether they desire to be represented by International
Longshoremen and Warehousemen's Union, affiliated with the Com-
mittee for Industrial Organization, or by Warehouse Workers, In-
ternational Longshoremen's Association, Local No. 1473, affiliated
with the American Federation of Labor, for the purposes of collec-
tive bargaining, or by neither. For the purpose of the election, a
warehouseman is hereby defined as one who was employed as a ware-
houseman by any of the companies listed in appendix "A" during
each of any eight weeks between October 1, 1937, and March 31, 1938.
A warehouseman who has been employed during this period by any
one of the companies listed in appendix "A," shall cast his ballot
DECISIONS AND ORDERS 1323
with the employees of the company at which he has had the greatest
amount of employment during this period.
ORDER
IT IS HEREBY ORDERED that the petition, in so far as it relates to
Alabama Warehousing Company, Anderson and Clayton Company,
C. E. Irvins and T. M. Stevens, receivers of Mobile and Ohio R. R.,
State Docks Commission, and the United Fruit Company, be, and it
hereby is, dismissed.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision, Direction of Elections, and Order.
APPENDIX A
J. R. Dent, Steamship Agent
Fidelity Warehouse Corporation
Mobile Stevedoring Company, Inc.
Oceanic Stevedoring Company of Alabama, Inc.
Ryan Stevedoring Company, Inc.
The Texas Company
Turner Terminal Company
Walsh Stevedoring Company, Inc.
Warrant Compress & Warehouse Co.
APPENDIX B
J. R. Atkins and M. D. Greene, copartners, doing business as
Bay Stevedoring Co.
Coast Transportation Company, Inc.
DeBardeleben Coal Company
J. R. Dent, Steamship Agent
Fidelity Warehouse Corporation
Fillette Green & Company
Gulf 'Ports Service Corporation
Luckenbach Gulf Steamship Company, Inc.
Mobile Steamship Association
Mobile Stevedoring Company, Inc.
Richard Murray, James V. Murray and Edward F. Murray,
doing business under the name of Richard Murray & Company
John T. Murray, Harry R. Murray and John Klaas, copartners,
doing business under the name of Murray Stevedore Com-
pany
Norton Lilly & Company
Ocean Dominion Steamship Corporation
Oceanic Stevedoring Company of Alabama; Inc.
John H. Jones and J. Frank Jones, copartners, doing business
under the name of Page & Jones
1324 NATIONAL LABOR RELATIONS BOARD
Pan-Atlantic Steamship Corporation
Pate Stevedore Company
Ryan Stevedoring Company, Inc.
Strachan Shipping Company
Swayne & Hoyt, Ltd.
The Texas Company
Turner Terminal Company
N. D. Cunningham, doing business as Van Heynigen Company
Walsh Stevedoring Company, Inc.
Warrant Compress & Warehouse Co.
Waterman Steamship Corporation
APPENDIX C
Fillette Green & Company
Gulf Ports Service Corporation
Luckenbach Gulf Steamship Company, Inc.
Mobile Stevedoring Company, Inc.
John T. Murray, Harry R. Murray and John Klaas, copartners,
doing business under the name of Murray Stevedore Company
Richard Murray, James V. Murray and Edward F. Murray,
doing business under the name of Richard Murray & Co.
Norton Lilly & Company
Oceanic Stevedoring Company of Alabama, Inc.
John H. Jones and J. Frank Jones, copartners, doing business
under the name of Page & Jones
Pan-Atlantic Steamship Corporation
Pate Stevedore Company
Ryan Stevedoring Company, Inc.
Strachan Shipping Company
Swayne & Hoyt, Ltd.
N. D. Cunningham, doing business as Van Heynigen Company
Walsh Stevedoring Company, Inc.
Waterman Steamship Corporation
Ocean Dominion Steamship Corporation
APPENDIX D
Alabama Warehousing Company
Anderson and Clayton Co.
C. E. Irvins and T . M. Stevens, receivers of Mobile & Ohio R. R.
State Docks Commission
United Fruit Company