Virginia Ferry Corp.

National Labor Relations Board - Board Decisions

Apr 23, 1946

67 N.L.R.B. 698 (N.L.R.B. 1946)

In the Matter of VIRGINIA FERRY CORPOR A TION aad APPRENTICE LoCAL
#2, MASTERS , MATES AND PILOTS OF AMERICA
Case No. 5-R-2104.Ieeided April 23, 1946
Mr. F. F. Railsbaek, of Wilmington, Del., and dle^srs. R. J. Hitch
and N. C. Chandler, of Norfolk, Va., for the Company.
Mr. B. T. Hurst, of Norfolk, Va., for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASK.
Upon a petition duly filed by the Apprentice Local #2, Masters,
Mates and Pilots of America, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representation
of employees of Virginia Ferry Corporation, Norfolk, Virginia, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Sidney J. Barban,
Trial Examiner. The hearing was held at Norfolk, Virginia, on
March 22, 1946. The Company and the Union appeared and par-
ticipated.' All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Virginia Ferry Corporation, a Virginia corporation, is engaged
in the transportation of persons and vehicles in ferry boats across
the Chesapeake Bay between Cape Charles, Virginia, and Little Creek,
' Seafarers International Union of North America was served with Notice of Hearing but
did not appeal or participate herein
67 N L. R B., No. 89.
698
VIRGINIA FERRY CORPORATION 699
Virginia. The Company operates three large ferry boats, the Poca-
hontas, the Princess Anne and the Del-Mar-Va, which are subject to
the regulations of the United States Coast Guard and are inspected
by the Bureau of Marine Inspection and Navigation. The Pennsyl-
vania Greyhound buses operating between Norfolk, Virginia, and New
York City are'among the vehicles transported across the Chesapeake
Bay in the Company's ferry boats. During 1945 a substantial pro-
portion of the vehicles carried by the Company's ferry boats were
registered in States other than the State of Virginia.
The Company admits, and Ave find, that it is engaged in commerce
within the meaning of the National Labor Relations .ket.2
11. TJ1E ORGANIZATION INVOLVED
Apprentice Local Masters, Mates and Pilots of America, is a
labor organization admitting to nlelnhership employees of the Com-
pany.
III. TILE QU]sTION CONCERNING RE1'ILEESENT.VTION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's unlicensed shore
personnel until,the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at, the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce, has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit consisting of the Company's unlicensed shore
personnel, including ticket sellers, dock pursers, assistant dock pursers,
agents, and watchmen,' but excluding all maintenance employees,
mechanics, helpers, laborers, oil-bridgenien, restaurant employees,
office clerical employees, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
2 see Matter of Vtirgmia Ferry Corporation, S N I, R B 730, aff'd 101 F. (2d) 103
(C C. A 4).
' The Field Examiner reported that the Union uhmitted 13 autborizat,on cards. These
are approximately 18 employees in the appropriate unit
4 Watchmen are not armed, militarized, nor deputized
700 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the status of employees, or effectively recommend such action. The
Company does not object to the composition of the unit .5
We find that the unlicensed shore personnel of Virginia Ferry Cor-
poration, including ticket sellers, dock pursers, assistant dock pursers,
agents on dock, and watchmen, but excluding all maintenance'em-
ployees, mechanics, helpers, laborers, oil-bridgemen, restaurant em-
ployees, office clerical employees, and all supervisory employees who
have authority to hire, promote, discharge, discipline, 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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Virginia Ferry
Corporation, Norfolk, Virginia, an election by secret ballot shall be
conducted 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 Fifth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among 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 did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off,
, We reject the Company 's contention that the Union may not be certified as the-collec-
tive bargaining representative of these employees because its constitution does not provide
for the membership of these employees in that organization Matter of F. I. du Pont de
Nemours & Company , Inc , 66 N L. R . B. 631 ; Matter of Augusta Bag & Burlap Company,
64 N L R B 1470 , Matter of Platter Boat Wot ks, 59 N. L R. B 292.
VIRGINIA FERRY CORPORATION 701
and including employees in the armed forces of the United States
who present 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 de-
termine whether or not they desire to be represented by Apprentice
Local #2, Masters, Mates and Pilots of America, for the purposes of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
11