Warrior & Gulf Navigation Co.

National Labor Relations Board - Board Decisions

Apr 24, 1946

67 N.L.R.B. 709 (N.L.R.B. 1946)

In the Matter of WARRIOR & GULF NAVIGATION COMPANY and
NATIONAL ORGANIZATION OF MASTERS, MATES & PILOTS OF AMERICA,
LOCAL 28, AFL
Case No. 15-R-1332.-Decided April 2.i/, 1946
Mr. Paul J. 11'inschel , of Pittsburgh , Pa., for the Company.
Capt. E. W. Higginbotham, of Mobile , Ala., and Mr. George M.
Antrainer , of St. Louis, Mo., for the Union.
Mr. Phil E . Thom .p.son, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by National Organization of Masters,
Mates & Pilots of America, Local 28, AFL, herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Warrior & Gulf Navigation Company,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Laurence H.
Whitlow, Trial Examiner. The hearing was held at Mobile, Ala-
bama, on May 24, 1945. On June 15, 1945, the Company filed a Peti-
tion for Leave to Adduce Additional Testimony,. with the Board.
On August 6, 1945, the Board issued its order directing further hear-
ing. Hearing was held pursuant to this order, after due notice,
before Lewis Moore, Trial Examiner, at Mobile, Alabama, on Febru-
ary 25, 1946. The Company and the Union appeared and participated
at both hearings. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiners' rulings made at
the hearings are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
The Company's request for leave to present oral argument is hereby
denied.
67 N L R B, No 91.
709
710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
7. THE BUSINESS OF THE COMPANY
Warrior & Gulf Navigation Company, a corporation, is engaged
in the operation of motor driven towboats on the Warrior and Tom-
bigbee River systems, transporting barges from Port Birmingham,
Alabama, to the Port of Mobile, Alabama. Cargoes valued in excess
of $1,000,000, and consigned outside the State of Alabama, are carried
annually.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
Ti. TIIE ORGANIZATION INVOLVED
National Organization of Masters, Mates & Pilots of America, Local
28, is a labor organization, affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. Till' QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent., introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 (T) of the Act.
IV. THE APPROPRIATE UNIT
The Union requests a unit composed of all masters and pilots, and
relief masters and pilots, on the Company's Warrior River towboats.
The Company seeks to exclude the Masters on the ground that they
have unlimited supervisory authority, and are direct representatives
of management. This issue has been discussed at length in prior
decisions in which the Board has found appropriate, similar units of
masters and pilots on river towboats.2 We find nothing in the instant
I The Field Examiner reported that the Union submitted nine authorization cards There
are approxirnatelb nine employees in the appropriate unit
2 Matter of Ohio Barqe Line, Die, 59 N L R . B. 154, Matter of Jones J Laughlin Steel
Corporation , 54 N L R R 679 , Jones & Laughlin Steel Corporation v N L. R B, 146 F.
(2d) 833 (C. C A 5)
WARRIOR & GULF NAVIGATION COMPANY 711
record which persuades its to depart from our findings in those cases
as to the appropriateness of a unit such as sought by the Union herein.
We find that all masters and pilots , and relief masters and pilots,
employed by the Company on its Warrior River towboats 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 (late 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 Warrior & Gulf
Navigation Company, 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 Fifteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 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,
:n)d including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by National Organ-
ization of Masters, Mates & Pilots of America. Local 28, AFL, for the
purposes of collective bargaining.