Warrior & Gulf Navigation Co.

In the Matter Of WARRIOR & GULF NAVIGATION COMPANY and UNITED STEELWORKERS OF AMERICA, C. I. O. Case No. 10-R-1007.-Decided November 1, 1943 Mr. D. K. ilIeKcmy, of Birmingham, Ala., for the Company. Mr. R. E. Farr, of Birmingham, Ala., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Warrior & Gulf Navigation Company, Port Birmingham, Alabama, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Morti- mer H. Freeman, Trial Examiner. Said hearing was held at Bir- mingham, Alabama, on October 18, 1943. The Company and the Union appeared at and participated in the hearing." 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 I. THE BUSINESS OF THE COMPANY Warrior & Gulf Navigation Company is an Alabama corporation and a 'subsidiary of United States Steel Corporation. The Company is a contract carrier by water. During the 12-month period pre- 1 Although National Maritime Union was served with notice of hearing , it did not appear 53 N L. R. B., No. 61. 338 WARRIOR & GULF NAVIGATION COMPANY 339 ceding October 18, 1943, the Company received a substantial amount of gross income which was mainly derived from transportation by barge and ship of freight destined between Port Birmingham, Ala- bama, and ports in the States of Louisiana, Texas, and Florida. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to meln- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of certain of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found to be appropriate.2 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 We find, in substantial agreement with a stipulation of the parties, that all stevedore employees at the Company's Birmingport terminal, excluding clerks, watchmen, guards, and all 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 col- lective bargaining, within the meaning of Section 9 (b) of the Act. V. TIIE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the 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. P The Field Examiner reported that the Union presented 15 ledger cards bearing names of persons who appear on the Company 's pay roll of September 14, 1943. There are approxi- mately 21 employees in the appropriate unit 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, 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, Port Birmingham , Alabama, 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 Tenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations , among the employees in the unit found ap- propriate in Section IV, above, who were employed during the pay- roll period immediately preceding the date of this Direction , includ- ing 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 any who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election , to determine whether or not they desire to be represented by United Steelworkers of America, C. I. 0., for the purposes of collective bargaining.