Young Patrol Service

National Labor Relations Board - Board Decisions

Aug 12, 1946

69 N.L.R.B. 1376 (N.L.R.B. 1946)

In the Matter Of HILLARY YOUNG, DOING BUSINESS AS YOUNG PATROL
SERVICE, EMPLOYER and SHIP CLERKS ' ASSOCIATION , LOCAL 34, GATE-
MEN'S & WATCHMEN'S UNIT, ILW'VU, CIO, PETITIONER
Case No. ?O4-R-1768.-Decided August 1°2, 1916
Messrs. Dreher, McClellan & McCarthy, by Mr. J. Ed McClellan,
of San Francisco , Calif., for the Employer.
Messrs. Gladstein, Anderson, Resner, Sawyer cb Edises, by Mr.
Norman Leonard, of Oakland, Calif., for the Petitioner.
Miss Kathleen Griffin and Mr. H. C. Banks , of San Francisco , Calif.,
for the Intervenor.
Mr. Benj. E . Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at San
Francisco , California, on June 13, 1946, before Thomas J. Davis, Jr.,
Trial Examiner. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Hillary Young, doing business as Young Patrol Service, has his
office and place of business in San Fra^lcisco , California , where he is
engaged in supplying civilian watchmen and guards for ships, ter-
minals, docks, piers, warehouses and other shipping installations
located in San Francisco Bay and its tributaries . The Employer also
furnishes similar services for office buildings , stores , residences, hotels,
public gatherings , railroad companies , manufacturing plants, andr
other establishments located in the San Francisco area. At the time
of the hearing , there were approximately 305 guards and watchmen
in the Employer 's employ, approximately 240 of whom rendered patrol
service to several steamship companies , all of which are engaged in
interstate commerce. The Employer 's annual receipts for such serv-
ices rendered are substantial.
69 N. L . R. B., No. 176.
1376
YOUNG PATROL SERVICE 1377
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.,
II. TILE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer. Seafarers' International Union of North America, herein
called Intervenor, is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Employer and the Petitioner are in agreement that a unit com-
posed of all waterfront guards and watchmen, exclusive of supervisory
and office employees is appropriate. The Intervenor would also in-
clude uptown guards and watchmen.
The Company divides its protection services into two general classi-
fications, namely, "waterfront" and "uptown." Waterfront guards
work on ships, piers, and docks, and at warehouses and other installa-
tions identified with the shipping industry in the San Francisco Bay
area, whereas, the uptown guards work in stores, hotels, and similar
establishments. The duties of the waterfront guards entail consider-
ably greater exertion and risk of injury than do those of the uptown
guards. For many years the Employer has maintained a rule against
the assignment of uptown guards to waterfront duty, although on oc-
casions waterfront guards may be assigned to uptown duty. There
has been no collective bargaining history covering the guards of the
Employer, and the Petitioner has not sought to organize the uptown
guards because of its limited jurisdiction. We are of the opinion that
waterfront guards have sufficiently similar duties and interests to
warrant their segregation in a separate unit for the purposes of col-
lective bargaining.
We find that all guards and watchmen of the Employer assigned
to waterfront operations, but excluding office employees, sergeants 2
1 The Employer admits that with respect to his waterfront operations , he is engaged
in commerce.
2 The parties agreed and we find that sergeants possess supervisory authority within the
Board 's customary definition.
701592-47-vol. 69-88
1378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and all or any other supervisory employees with 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 mean-
ing 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, subject to
the limitations and additions set forth in the Direction.
The Petitioner requests that the election be conducted by mail.
The Employer offered no objection to the request, but the Intervenor
urges a manual ballot. Inasmuch as the Regional Director is author-
ized to conduct elections in such manner as he deems advisable and
expedient under the circumstances presented, we shall leave the de-
termination of the methods to be employed in the conduct of the
instant election to the Regional Director's discretion.3
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Hillary Young, doing business
as Young Patrol Service, San Francisco, California, 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 Twen-
tieth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Series 10 and 11, of
National Labor Relations Board Rules and Regulations-Series 3, as
amended, among the 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, 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 determine whether they desire
to be represented by Ship Clerk's Association, Local 34, Gatemen's
& Watchmen's Unit, ILWU, CIO, or by Seafarers' International
Union of North America, AFL, for the purposes of collective bar-
gaining, or by neither.
3 See Matter of Tam-iami Trail Tours, Inc., 64 N. L. R. B. 100.