North River Coal and Wharf Co.

National Labor Relations Board - Board Decisions

Jul 7, 1938

8 N.L.R.B. 146 (N.L.R.B. 1938)

In the Matter of NORTH RIVER COAL AND WHARF COMPANY and
INLAND BOATMEN'S UNION OF THE ATLANTIC AND GULF
Case No. R-724.-Decided July 7, 1938
Water Transportation Industry-Investigation of Representatives : contro-
ersy concerning representation of employees : rival organizations ; employer
willing to accept any decision by Board-Unit Appropriate for Collective Bar-
gaining: pocket men, top men , and trimmers , excluding bosses and foremen ;
stipulation as to-Election Ordered-Certification of Rep, esentatives.
Mr. Albert Ornstein, for the Board.
Mr. Alex' E. Mettlach and Mr. Francis X. Lee, of New York City,
for the Company.
Mr. William L. Standard, by Mr. Max Lustig, of New York City,
for the I. B. U.
Mr. Chris Porto, of New York City, for the I. L. A.
Mr. Arnold R. Cutler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 24, 1938, Inland Boatmen's Union of the Atlantic and
Gulf, herein called the I. B. U., filed with the Regional Director for
the Second Region (New York City) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of North River Coal and Wharf Company, Jersey City,
New Jersey, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On March 4, 1938, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
8 N. L. R. B., No. 17.
146
DECISIONS AND ORDERS 147
On April 11, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
I. B. U., and upon the International Longshoremen's Association,
Marine Freight Handlers & Warehousemen, Local 976, herein called
the I. L. A., a labor organization claiming to represent employees
directly affected by the investigation. Pursuant to notice, a hearing
was held on May 2, 1938, at New York City, before William Seagle,
the Trial Examiner duly designated by the Board. The Board and
the I. B. U. were represented by counsel, the Company and the I. L. A.
by representatives. All parties participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
North River Coal and Wharf Company is a New Jersey corpora-
tion with its principal office in New York City. It is the lessee of a
wharf at Jersey City, New Jersey, on the Hudson River, where it is
engaged in the reshipping, selling, and delivering of coal.
All the coal which the Company handles comes from the States of
Pennsylvania and Maryland. The coal arrives at the wharf by rail-
road and is loaded by the Company into vessels. Most of the coal is
reshipped in these vessels to the State of New York, the rest being
sold or delivered to tugs and other harbor craft. In 1937 the Com-
pany disposed of 561,433 tons of coal, of which approximately 90,000
tons were sold and delivered as above-described and the remainder
was reshipped to the State of New York.
II. THE ORGANIZATIONS INVOLVED
Inland Boatman's Union of the Atlantic and Gulf is a labor or-
ganization affiliated with the Committee for Industrial Organization,
admitting to its membership pocket men, top men, and trimmers,
except bosses and foremen. '
International Longshoremen's Association, Marine Freight Han-
dlers & Warehousemen, Local '976, is a labor organization affiliated
with the American Federation of Labor, admitting to its membership
pocket men, top men, and trimmers, except bosses and foremen.
117213-39-vol 8-11
148 NATIONAL LABOR RELATIONS BOARD
M. THE QUESTION CONCERNING REPRESENTATION
During the early part of March 1937, the pocket men, top men,
and trimmers were organized for the first time by the I. L. A. and
many of them became members thereof. Shortly thereafter, the rep-
resentatives of the I. L. A. engaged in conferences with the officers of
the Company. On March 24, 1937, the Company sent the I. L. A. a
letter stating that it was willing that its employees be represented
by the I. L. A. if that was their desire. On March 29, 1937, the Com-
pany sent a further letter to the I. L. A. in which it set forth what
it was willing to do regarding wages, hours, and working conditions.
Thereupon the I. L. A. assured the Company that its suggested ar-
rangement was satisfactory. On March 31,1937, the Company advised
the I. L. A. that it would put such arrangement into effect on April 1,
1937, for a trial period until April 10, 1937, with the understanding
that if it worked satisfactorily, the matter of continuing the same
would be considered, but if it proved unsatisfactory, the arrangement
would then be-terminated. This arrangement proved satisfactory,
and was continued, no definite period being fixed as to the time in
which it was to continue in effect.
About July 12, 1937, Inland Boatmen's Division, herein referred
to as the I. B. D., was formed as a division of the National Maritime
Union of America. Thereupon the I. B. D. commenced a member-
ship drive among the employees of the Company. During the month
of August 1937, a number of the employees of the Company joined
the I. B. D. Many of these, who were at that time members of the
I. L. A., surrendered their I. L. A. dues books to the I. B. D. and
received new dues books in return. Representatives of the I. B. D.
then engaged in conferences with the officers of the Company who,
after receiving evidence that more than a majority of the employees
in the appropriate unit were then members of the I. B. D., agreed
that the arrangement which was begun with the I. L. A. would be
continued with I. B. D. About September 12, 1937, the I. B. D. be-
came affiliated with the Committee for Industrial Organization and
was chartered by it as the Inland Boatmen's Union of the Atlantic
and Gulf.
The Company has at all times been willing to treat with the rep-
resentatives of the employees and states that it will accept any deci-
sion of the Board.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
DECISIONS AND ORDERS 149
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing, the Company, the I. B. U., and the I. L. A. all
agreed and stipulated that the appropriate unit consisted of all the
pocket men, top men, and trimmers, excluding the bosses and fore-
men.
We find that the pocket men, top men, and trimmers, excluding
the bosses and foremen, constitute a unit appropriate for the pur-
poses of collective bargaining and that -said unit will insure to em-
ployees of the Company the full benefit of their right to self-organi-
zation and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the I. L. A. introduced 35 application cards, almost
all of which are dated as of March 1937.1 The I. B. U. introduced
38 personal history cards,2 with varying dates, all of which, however,
were signed in August 1937. At the hearing it was stipulated by
all the parties that the pay roll of April 16 to April 30, 1938,3 be
used for comparison with the names on the cards submitted.
This pay roll contains the names of 63 employees, of whom 41 are
within the unit which we have found appropriate. The names of
21 of the said 41 employees appear on the cards both of the I. L. A.
and the I. B. U., the names of 5 appear only on the cards of the
I. L. A., and the names of 6 appear only on the cards of the I. B. U.
At the hearing it was further stipulated by the parties that the
signatures on the cards be checked by an agent of the Board against
the endorsements on the canceled pay checks of the employees. Ac-
cordingly, such a check was made by an agent of the Board. This
check reveals that only 20 of the signatures on the cards of the
I. L. A. and 19 of those on the cards of the I. B. U. checked with
the endorsements on the canceled pay checks of the employees of
the Company.
Under the circumstances, we find that the question which has
arisen concerning the representation of employees can best be re-
solved by the holding of an election by secret ballot. At the hearing
the parties stipulated that, if an election was held; the employees
1 Local 976 Exhibit No. 1.
$ Petitioner Exhibit No. 5.
e Petitioner Exhibit No 3.
fi
150 NATIONAL LABOR RELATIONS BOARD
eligible to vote should be those within the appropriate unit who
were employed during the pay-roll period from April 16 to April
30, 1938. In accordance with the stipulation, we shall adopt this
eligibility date.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of North River Coal and Wharf Company,
Jersey City, New Jersey, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All the pocket men, top men, and trimmers of the Company,
excluding the bosses and foremen, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and. Regulations-Series
1, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargain-
ing with North River Coal and Wharf Company, Jersey City,
New Jersey, an election 'by secret ballot shall be conducted within
fifteen (15) days from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Second Re-
gion, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all of the pocket men, top men, and trimmers
employed by the Company during the pay-roll period from April
16' to April 30, 1938, excluding bosses and foremen, and excluding
those employees who have since quit or been discharged for cause,
to determine whether they desire to be represented by Inland Boat-
men's Union of the Atlantic and Gulf, affiliated with the Committee
for Industrial Organization, or by International Longshoremen's
Association, Marine Freight Handlers & Warehousemen, Local 976,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining, or by neither.
DECISIONS AND ORDERS 151
[SAME TITi.E]
CERTIFICATION OF REPRESENTATIVES
August 13, 1938
On July 7,1938, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled case. The Direction of Election directed that an election
by secret ballot shall be conducted within fifteen (15) days from
the date of the Direction among all the pocket men, top men, and
trimmers employed by North River Coal and Wharf Company,
Jersey City, New Jersey, during the pay-roll period from April 16
to April 30, 1938, excluding bosses and foremen, and excluding those
employees who had since quit or been discharged for cause, to de-
termine whether they desired to be represented by Inland Boat-
men's Union of the Atlantic and Gulf, affiliated with the Commit-
tee for Industrial Organization, or by International 'Longshoremen's
Association, Marine Freight Handlers and Warehousemen, Local
976, affiliated with the Americap Federation of Labor, for the pur-
poses of collective bargaining, or by neither.
Pursuant to this Direction of Election, an election by secret ballot
was conducted under the direction and supervision of Elinore M.
Herrick, the Regional Director for the Second Region (New York
City), on July 20, 1938. Full opportunity was accorded to all the
parties to this investigation to participate in the conduct of the
secret ballot and to make challenges. Thereafter the said Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties her Intermediate Report on the
election. No objections or exceptions to the Intermediate Report
have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote_______________________________ 39
Total number of ballots cast________________________________ 37
Total number of ballots counted_____________________________ 37
Total number of votes in favor of International Longshore-
men's Association, Marine Coal Dumpers, Local 976-1, affili-
ated with the American Federation of Labor_______________ 0
Total number of votes in favor of Inland Boatmen's Union of
the Atlantic and Gulf, affiliated with the Committee for In-
dustrial Organization_____________________________________ 36
Total number of votes in favor of neither organization-------- 1
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots__________________________ 0
152 NATIONAL LABOR RELATIONS BOARD
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that Inland Boatmen's Union of the At-
lantic and Gulf, affiliated with the Committee for Industrial Or-
ganization, has been designated and selected by a majority of the
pocket men, top men, and trimmers, excluding bosses and foremen,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
Inland Boatmen's Union of the Atlantic and Gulf, affiliated with the
Committee for Industrial Organization, is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.
8 N. L. R. B., No. 17a.
C