The Kinsman Transit Co.

In the Matter of THE KINSMAN TRANSIT COMPANY, EMPLOYER and SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, GREAT LAKES DISTRICT (AFL), PETITIONER Case No. 8-B-2660.-Decided October 08, 1947 Leckie, McCreary, Schlitz d Hinslea, by Messrs. L. C. Hinslea and R. E. Mortimer, of Cleveland, Ohio, for the Employer. Messrs. Russell Smith, Paul Warren, and Stanley Wares, of Detroit, Mich., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cleve- land, Ohio, on July 9, 1947, before John A. Hull, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial 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 The Kinsman Transit Company, a Delaware corporation, is en- gaged in the business of transporting cargoes of coal, grain, ores, and other materials on the Great Lakes between ports in the Dominion of Canada and ports in various States of the United States. The Em- ployer operates five ships. During the year 1946, it hauled tonnage in excess of 100,000 tons, and valued in excess of $1,000,000. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED I The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Em- ployer. 1 National Maritime Union of America (CIO) was served with Notice of nearing but did not appear at the hearing. 75 N. L. R. B., No. 16. 150 THE KINSMAN TRANSIT COMPANY 151 Lake Sailors' Union, herein called the Intervenor,2 is an unaffiliated labor organization, 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) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner seeks a unit consisting of all unlicensed personnel on all boats owned and/or operated by the Employer. The Employer, although in general agreement with the Petitioner on the subject of the appropriate unit, contends that five employees, classified as stew- ards, are supervisors and should be excluded. The record discloses that each of the five stewards has general charge of a galley crew on board one of the ships presently operated by the Employer. It further appears that, as part of their duties, stewards hire, discharge, promote, demote and discipline, and assign work to the employees under their supervision. In addition, they approve overtime charges presented by such employees. We find that stewards are supervisors. Accordingly, we shall exclude them from the unit. We find that all unlicensed personnel on all boats owned and/or operated by the Employer, excluding stewards and any other super- visors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Kinsman Transit Com- pany, Cleveland, Ohio, 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 Eighth Region and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations- 2 Subsequent to the hearing herein , the Intervenor filed a motion with the Board alleging an interest in the representation of the employees herein involved , and requesting per- mission to intervene in this proceeding , and to have its name placed on the ballot in any election which may be duetted The Intervenor was not served with Notice of Hearing, nor did it appear at the hearing Copies of the Intervenor 's motion to intervene were served upon both the Employer and the Petitioner, and no objections to the motion have been filed The motion to intervene is hereby granted. 152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Series 5, 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, 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 Seafarers International Union of North America, Great Lakes District (AFL), or by Lake Sailors' Union,8 for the purposes of collective bargaining, or by neither. 3 Inclusion of the Intervenor 's name on the ballot, and its participation in the election, although hereby directed , is made contingent upon its compliance, before November 1, 1947, with the provisions of Sections 9 (f), (g), and ( h) of the Act.