Virginia Ferry Corp.

In the Matter of VIRGINIA FERRY CORPOR ATION aad APPRENTICE LoCAL #2, MASTERS, MATES AND PILOTS OF AMERICA Case No. 5-R-2104.Ieeided April 23, 1946 Mr. F. F. Railsbaek, of Wilmington, Del., and dle^srs. R. J. Hitch and N. C. Chandler, of Norfolk, Va., for the Company. Mr. B. T. Hurst, of Norfolk, Va., for the Union. Mr. Donald B. Brady, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASK. Upon a petition duly filed by the Apprentice Local #2, Masters, Mates and Pilots of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Virginia Ferry Corporation, Norfolk, Virginia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Sidney J. Barban, Trial Examiner. The hearing was held at Norfolk, Virginia, on March 22, 1946. The Company and the Union appeared and par- ticipated.' 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 1. THE BUSINESS OF THE COMPANY Virginia Ferry Corporation, a Virginia corporation, is engaged in the transportation of persons and vehicles in ferry boats across the Chesapeake Bay between Cape Charles, Virginia, and Little Creek, ' Seafarers International Union of North America was served with Notice of Hearing but did not appeal or participate herein 67 N L. R B., No. 89. 698 VIRGINIA FERRY CORPORATION 699 Virginia. The Company operates three large ferry boats, the Poca- hontas, the Princess Anne and the Del-Mar-Va, which are subject to the regulations of the United States Coast Guard and are inspected by the Bureau of Marine Inspection and Navigation. The Pennsyl- vania Greyhound buses operating between Norfolk, Virginia, and New York City are'among the vehicles transported across the Chesapeake Bay in the Company's ferry boats. During 1945 a substantial pro- portion of the vehicles carried by the Company's ferry boats were registered in States other than the State of Virginia. The Company admits, and Ave find, that it is engaged in commerce within the meaning of the National Labor Relations .ket.2 11. TJ1E ORGANIZATION INVOLVED Apprentice Local Masters, Mates and Pilots of America, is a labor organization admitting to nlelnhership employees of the Com- pany. III. TILE QU]sTION CONCERNING RE1'ILEESENT.VTION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of the Company's unlicensed shore personnel until,the Union has been certified by the Board in an appro- priate unit. A statement of a Board agent, introduced into evidence at, the hear- ing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' 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 The Union seeks a unit consisting of the Company's unlicensed shore personnel, including ticket sellers, dock pursers, assistant dock pursers, agents, and watchmen,' but excluding all maintenance employees, mechanics, helpers, laborers, oil-bridgenien, restaurant employees, office clerical employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in 2 see Matter of Vtirgmia Ferry Corporation, S N I, R B 730, aff'd 101 F. (2d) 103 (C C. A 4). ' The Field Examiner reported that the Union uhmitted 13 autborizat,on cards. These are approximately 18 employees in the appropriate unit 4 Watchmen are not armed, militarized, nor deputized 700 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the status of employees, or effectively recommend such action. The Company does not object to the composition of the unit .5 We find that the unlicensed shore personnel of Virginia Ferry Cor- poration, including ticket sellers, dock pursers, assistant dock pursers, agents on dock, and watchmen, but excluding all maintenance'em- ployees, mechanics, helpers, laborers, oil-bridgemen, restaurant em- ployees, office clerical employees, and all supervisory employees who have 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 meaning 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 among 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. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Virginia Ferry Corporation, Norfolk, Virginia, 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 Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among 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, , We reject the Company 's contention that the Union may not be certified as the-collec- tive bargaining representative of these employees because its constitution does not provide for the membership of these employees in that organization Matter of F. I. du Pont de Nemours & Company, Inc , 66 N L. R . B. 631 ; Matter of Augusta Bag & Burlap Company, 64 N L R B 1470 , Matter of Platter Boat Wot ks, 59 N. L R. B 292. VIRGINIA FERRY CORPORATION 701 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 de- termine whether or not they desire to be represented by Apprentice Local #2, Masters, Mates and Pilots of America, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. 11