Waterfront Employers Association of Southern California

National Labor Relations Board - Board Decisions

Jan 29, 1938

4 N.L.R.B. 1199 (N.L.R.B. 1938)

In the Matter Of WATERFRONT EMPLOYERS ASSOCIATION OF SOUTHERN
CALIFORNIA and INTERNATIONAL LONGSHOREMEN'S & WAREHOUSE-
MEN'S UNION, LOCAL 1-13
Case No. R-572.-January 09, 1938
Longshoremen : Record incomplete as to appropriate unit ; insufficient data
on contracts-Remanded : for further hearing.
Mr. David Sokol, for the Board.
Mr. A. E. Roth, of San Francisco, Cal., and Brobeck, Phleger d
Harrison, by Gregory A. Harrison, of San Francisco, Cal., for the
Association.
Mr. Carey McWilliams, of Los Angeles, Cal., for the I. L. W. U.
Mr. Charles J. Katz and Mr. John C. Packard, Los Angeles, Cal.,
for the International Longshoremen's Association, Local 38-82,
Incorporated.
Mr. A. H. Petersen, of Gardena, Cal., for the American Federation
of Labor.
Mr. Martin Kurasch, of counsel to the Board.
DECISION
AND
ORDER
On September 21, 1937, International Longshoremen's and Ware-
housemen's Union, Local 1-13, herein called the I. L. W. U.,1 filed
with the Regional Director for the Twenty-first Region (Los
Angeles, California) a petition alleging that a question affecting com-
merce -has arisen concerning the representation of employees of
Waterfront Employers Association of Southern California, herein
called the Association,2 and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Sep-
tember 27, 1937, the I. L. W. U. filed an amended petition. On No-
vember 9, 1937, it filed a second amended petition, and on December
13, 1937, it filed a third amended petition. On October 21, 1937, the
' In the original petition, the amended petition , and the second amended petition, the
I. L. W. U. was designated International Longshoremen 's and Warehousemen's Union,
Local for Long Beach and Los Angeles Harbor.
2 In the original petition and the amended petition , the Association is designated
Waterfront Employers ' Association.
1199
1200 NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board, herein called 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, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
Pursuant to notices of hearing duly issued and served, a hearing
was held on December 13, 14, and 15, 1937, and on January 6, 1938,
at Los Angeles, California, before Dwight W. Stephenson, the Trial
Examiner duly designated by the Board. The Board, the Associa-
tion, the I. L. W. U., and the International Longshoremen's Associa-
tion, Local 38-82, Incorporated, were represented by counsel and
participated in the hearing. A. H. Petersen was permitted to appear
and participate in the hearing as a representative of the American
Federation of Labor. Full opportunity to be heard, to examine and
to cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties.
The Association is a California corporation. It is an association of
25 shipping lines, 14 lumber shipping companies and eight stevedore
companies. It takes charge of the labor relations of its constituent
members with the registered longshoremen in the San Pedro, Los
Angeles and Long Beach harbors. The Association stipulated that
over fifty percent of the cargo handled in the ports of Long Beach
and Los Angeles goes into interstate and foreign commerce.
Generally, the various member companies pay longshoremen
through the pay department of the Association by issuing a check to
the Association with a copy of the payroll for the week's work. The
check is cashed and the Association pays the longshoremen in cash.
The Association appoints three members to a Labor Relations Com-
mittee which includes a] so three members appointed by the employees.
The Labor Relations Committee takes charge of the maintenance,
operation and functioning of the hiring halls and takes charge of
grievances and other matters affecting labor relations.
Thomas C. Brown, secretary-treasurer of the I. L. W. U.; intro-
duced into evidence cards signed by registered longshoremen in
October, November and December, 1937, designating the I. L. W. U.
as their representative for purposes of collective bargaining. A com-
parison of the cards ' with a list of registered longshoremen that had
been employed by the Association in the Los Angeles and Long
Beach harbors in July, August and September, 1937, indicates clearly
that International Longshoremen's & Warehousemen's Union Local
1 to 13 represents the majority of such registered longshoremen.
8 The Trial Examiner permitted the I . L. W. U. to withdraw the cards from the record
and to substitute therefor a typewritten list of the names and registration numbers of
the men who had signed the cards , and the date on which each union signed.
1)EUIS1ONS AND ORDERS 1201
The petition presents a question the determination of which, under
the Act, lies exclusively within the jurisdiction of this Board.
Although the evidence of majority is sufficient to warrant a certifi-
cation, the Board cannot upon this record issue a certification
because the record is incomplete in several particulars.
The evidence as to the operation of the hiring hall and the respec-
tive functions of the Association and its various members with re-
tard to the employment of longshoremen is incomplete. The Board
is thus unable to make an exact determination of appropriate unit.
It is especially necessary that the Board have this evidence because
on January 19, 1938, International Longshoremen 's & Warehouse-
men's Union , District No. 1, filed with the'Regional Director for the
Twentieth Region ( San Francisco , California ) a petition for in-
vestigation and certification of representatives in which it was al-
leged that the unit most appropriate for the purposes of collective
bargaining consists of all the workers employed at longshore labor
in all the Pacific Coast ports of the United States,4 and on January
10, 1938, International Longshoremen's & Warehousemen's Union
Local 1-46 filed with the Regional Director for the Twenty-first
Region (Los Angeles , California ) a petition alleging that the ques-
tion affecting commerce had arisen concerning the representation
of longshoremen employed by Waterfront Employers Association
of Southern California in the Santa Barbara and Ventura harbor
area.5
The record contains a contract between Pacific Coast District,
Local 38 of the International Longshoremen's Association, and
Waterfront Employers of Seattle, Waterfront Employers of Port-
land, Waterfront Employers Association of San Francisco and
Waterfront Employers Association of Southern California. The
record indicates that by virtue of an automatic renewal clause, the
contract was renewed on September 30, 1937, for one year. The
record is not clear as to which parties have entered into the renewed
contract. The record does not indicate the exact relationship of
the International Longshoremen 's Association Local 38-82 to the
contract.
Information in our files indicates that during recent months a
great number of the longshoremen on the Pacific Coast have by
referendum indicated that they desire to affiliate themselves with
the International Longshoremen 's & Warehousemen 's Union. The
record does not show whether Pacific Coast District , Local 38, of
the International Longshoremen 's Association is still in existence,
nor does the record indicate whether the greater number of long-
shoremen have now joined District 1 of the International Longshore-
4 Case No. xx-R-196.
5 Case No XXI-R-421.
1202 NATIONAL LABOR RELATIONS BOARD
men's & Warehousemen's Union or whether a substantial number
still remain in Pacific Coast District, Local 38 of the International
Longshoremen's Association.
The record is vague also on the question of whether the employees
who were formerly members of International Longshoremen's As-
sociation, Local 38-82 have individually transferred their affiliation
to the International Longshoremen's & Warehousemen's Union or
whether they have transformed their organization into a local of
the International Longshoremen's & Warehousemen's Union. Nor
does the record indicate the extent of membership in Local 38-82
of the International Longshoremen's Association at the present time.
In view of the fact, therefore, that the evidence in this case is in-
complete on the question of appropriate bargaining unit and in view
of the fact that the record does not contain sufficient facts to permit
the Board to decide upon the status of the contract and its effect upon
the question concerning representation, the Board is unable to issue
a certification even though the I. L. W. U. has a clear majority of
the registered longshoremen in the San Pedro area.
The Board will retain jurisdiction over the case.
ORDER
Pursuant to this Decision, and to an appropriate order, issued
today, transferring the proceedings from the Twenty-first Region
to the Twentieth Region, consolidating, and directing an investiga-
tion and hearing, the National Labor Relations Board hereby re-
mands the proceedings to the Twentieth Region for purposes of
further hearing.