Ocean Tow, Inc.

480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thereof, who violate this Act, or any part thereof , resides or has a place of business , or may be found and served with process. SEC. 5. This Act shall not apply to existing contracts, but shall apply to any renewals or extensions thereof. SEC. 6. The provisions of this Act are severable, and the invalidity of one shall not affect the validity of the others. SEC. 7. Labor controversies, the disruption of industrial and agricultural labor by labor disputes, the effort to force laborers to join, or to refrain from joining, labor organizations, are a menace to the peace, quietude, safety and prosperity of the people of the State; an emergency is therefore declared, and this Act shall take effect from and after its passage. Approved : February 19, 1947. AMENDMENT NO. 34 TO CONSTITUTION OF STATE OF ARKANSAS No. 34. RIGHTS OF LABOR SECTION 1. Discrimination for or against union labor prohibited .-No person shall be denied employment because of membership in or affiliation with or resignation from a labor union, or because of refusal to join or affiliate with a labor union ; nor shall any corporation or individual or association of any kind enter into any contract, written or oral, to exclude from employment members of a labor union or persons who refuse to join a labor union , or because of resignation from a labor union; nor shall any person against his will be com- pelled to pay dues to any labor organization as a prerequisite to or condition of employment. SEC. 2. Enforcement of amendment.-Legislation authorized . The General Assembly shall have power to enforce this article by appropriate legislation. OCEAN Tow, INC., PETITIONER and SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA and PACIFIC COAST MARINE FIREMEN, OILERS, WATERTENDERS AND WIPERS ASSOCIATION. Case No. 19-RM-777. June 3, 1952 Supplemental Decision and Direction On February 13, 1952, the Board issued a Decision and Direction of Elections 1 in the above-entitled case, directing separate elections to be conducted on each of the Employer's two ships, with the ultimate unit finding, whether a single unit or two, to depend on the results of these .elections. On March 7, 1952, one of the competing unions, Seafarers Interna- tional Union of North America, herein called the SIU, filed a "Petition for Reconsideration by Full Board," contending that only a single unit composed of employees on both vessels of the Employer is appropriate. The Employer filed a memorandum in support of the motion, and the Pacific Coast Marine Firemen, Oilers, Watertenders and Wipers As- sociation, the other competing union, a telegram in opposition. On 1 98 NLRB 77. 99 NLRB No. 84. OCEAN TOW,, INC. 481. April 4, 1952, the Board issued an Order 2 granting the SIU's motion, and directing a further hearing to inquire into past bargaining among other employees of the Employer. Pursuant to that Order, a further hearing was held, on April 21, 1952', before Donald D. McFeely, hearing officer. The hearing offi- cer's rulings made at the reopened hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, including the evidence adduced at the reopened hearing, the Board finds : The original decision depended in large measure upon the fact that the record did not contain evidence of a "significant bargaining history, on a multiplant basis." It now appears that from 1946 until January 1952, the Employer bargained with Inland Boatmen's Union, on a fleet-wide basis, for all employees on its eight tugboats. This bargain- ing was conducted, and all contracts signed, by the Northwest Tow- boat Association, of which the Employer is a member. It sold the tugboats in January 1952. Further, in November 1951, following a consent election, the Regional Director certified the SIU as the bar- gaining representative of all the Employer's unlicensed personnel (excluding only the engine room employees here involved) of the two vessels now being considered. Finally, the Employer's radio officers have been represented, in a single over-all unit, by American Radio Association since sometime in 1951. As found in the earlier decision, working conditions on the two vessels, the Alaska Cedar and the Alaska Spruce, are substantially similar, and the pattern of bargaining in this industry has been on a fleet, rather than a single vessel, basis. The additional facts concern- ing past bargaining among the other employees of the Employer also evidence the appropriateness of fleet, rather than single vessel, bar- gaining. Upon all the facts now before us, we are satisfied that the bargaining history not only supports a multivessel unit, but negatives the appropriateness of a separate unit for each vessel .s Accordingly, we and that all unlicensed engine department em- ployees on the Employer's vessels Alaska Cedar and Alaska Spruce, excluding all other employees and all supervisors as defined in the Act, constitute an appropriate unit for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act. The employees have already been polled, under the original direction of elections, and their ballots impounded. No purpose would be served by directing a new election now. We shall therefore direct the Re- gional Director to open and count, in a single unit, the ballots already cast. 2 Unpublished 3 See Joseph B. Seagram & Sons, Inc., 83 NLRB 167; Columbia Pictures Corporation, 84 NLRB 647. 482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Direction 'As part of the investigation to ascertain representatives for the purpose,of collective bargaining with the Employer herein, the Re- gional Director for the Nineteenth Region shall, pursuant to the Rules and -Regulations of the National Labor Relations Board, within ten (10) days from the date of this Direction, open and count the ballots cast in the elections conducted in this case, and shall thereafter prepare and cause to be served upon the parties a tally of ballots. MEMBER MURDOCK took no part in the consideration of the above Supplemental Decision and Direction. E. P. JACOBS SR., ET AL., D/B/A JACOBS MANUFACTURING COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, A. F. OF L., PETITIONER E. P. JACOBS, SR., ET AL., D/B/A JACOBS MANUFACTURING COMPANY and STOVE MOUNTERS' INTERNATIONAL UNION OF NORTH AMERICA, A. F. OF L., PETITIONER. Cases Nos. 10-EC-1772 and 10--RC-1794. June 3, 1952 Decision, Order, and Direction of Election -Upon a separate petition duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before John C. Carey, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.'- Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Styles and Peterson]. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit : Molders' petition in Case No. 10-RC-1772, as amended at the hear- ing, seeks a unit consisting of all production and maintenance em- I The hearing officer referred to the Board the Employer 's motion to dismiss the petition in Case No. 10-RC-1794 because the unit therein sought is inappropriate . For reasons indicated below in the text, this motion is granted. 99 NLRB No. 82. -