The M. A. Hanna Co.

In the Matter of THE M. A. HANNA COMPANY, EJIr1AYER and SEA- FARERS INTERNATIONAL UNION OF NORTH AMERICA, GREAT LAKES DISTRICT, A. F. L., PETITIONER Case No. 8-R-2612.-Decided November 6, 19417 Jones, Day, Cockley cC Reavis, by Messrs. Thomas F. Veach and Gilbert Humphrey, of Cleveland, Ohio, for the Employer. Messrs. Russell Smith and Paul Warren, of Detroit, Mich., and Mr. Stanley Wares, of Cleveland, Ohio, for the Petitioner. Mr. Meyer A. Cook, of Cleveland, Ohio, for the Lake Sailors. Messrs. Herman Rosenfeld and Michael Vargo, of New York City, for the N. M. U. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cleve- land, Ohio, on June 5 and 6, 1947, before Ramey Donovan, hearing officer. The hearing officer'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 I. TIL BUSINESS OF THE M11 PLOYER The M. A. Hanna Company, an Ohio corporation, is engaged in the business of transporting iron ore, coal, anti gram by cargo vessels on the Great Lakes. During 1946 the Employer carried on its vessels cargoes weighing in excess of 3,000,000 tons, and valued in excess of $100,000. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. 'The request of N \I U for oral argument to contest the constitutionality of Section 9 (f), (g) and (ii) as amended and the Boaid's authority in connection with the inteipie- tatimi thereof, is hereby denied See Jllatter of Rite-For at Cot set Company, 75) N L R B. 174. 75 N. L. R. B, No. 22. 185. 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. Lake Sailors Union, herein called the Lake Sailors, is an unaf- filiated labor organization, claiming to represent employees of the Employer. National Maritime Union of America, herein called the N. M. U., is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE Q UESTION CONCERNING REPRESENTATION At the hearing the Employer took the position, in effect, that it would refuse to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner had 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 mean- ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner requests a unit of all unlicensed personnel, in- cluding stewards , on board all vessels owned and/or operated by the Employer. The Lake Sailors and the N. M. U. are in accord with this requested unit; the Employer , however, would exclude stewards trom the unit as supervisors. On each of the Employer's vessels , the steward is the chief cook and is in charge of preparing menus; in addition , he is responsible for the maintenance of the mess and quarters of the officers and crew. Assisting the steward in the preparation of meals is a second cook; and responsible to the steward for the mess and quarters work are three galley helpers who are sometimes known as porters. The record shows that , although stewards are not licensed, they have complete supervisory authority over second cooks and galley helpers, including authority to hire and discharge. The record also .discloses that a steward's salary is approximately $100 a month higher than that received by either second cooks or galley helpers. Under all these circumstances , we find that stewards are supervisors within the meaning of Section 2 (11) of the Act and we shall therefore exclude them from the unit hereinafter found appropriate.2 'Platter of The Kinsman Transit Company, 75 N L R B 150 , and Matter of Wilson Transit Company, 75 N. L. R. B. 181 THE M. A. HANNA COMPANY 187 We find that all unlicensed personnel on board all vessels owned and/or operated on the Great Lakes by the Employer,3 excluding stewards and other supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION 4 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with The M. A. Hamia Company, Cleve- land, 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 Direc- tor for the Eighth Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations-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 vaca- tion 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, A. F. L., or by Lake Sailors Union, for the purposes of collective bargaining, or by neither.b . ' We shall limit the scope of the unit to the unlicensed personnel on the vessels which are either owned ahd operated, or not owned but operated, by the Employer on the date of this Decision and Direction of Election. Matter of The American Steel and Were Company of New Jersey, 63 N. L. R. B. 1244, 1246. 4 Any participant in the election directed herein may, upon its prompt request to and approval thereof by the Regional Director, have its name removed from the ballot Having failed to achieve compliance, or to initiate steps for compliance, with the filing requirements of Section 9 (f), (g) and (h) of the Act by October 31, 1947, the N M. U. will not be accorded a place on the ballot.