Inter-Ocean Steamship Co.

330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD INTER-OCEAN STEAMSHIP CO. (TOMLINSON FLEET) and UNITED STEELWORKERS OF AMERICA, LOCAL 5000, CIO, Petitioner . Case No. 8-RC -2052. December 11, 1953 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Bernard Ness, hearing officer . The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. i Upon the entire record in this case , 2 the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain employees of the Employer. 3. No question affecting commerce exists 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, for the following reasons: The Petitioner seeks a unit limited to the unlicensed personnel on the steamship James E. Davidson owned by Inter- Ocean Steamship Co. Although the Employer agrees with the composition of the unit, it contends that, as to scope, the unit is inappropriate and only a unit including eight other vessels in the Tomlinson Fleet is appropriate. The Tomlinson Fleet is composed of 9 vessels, of which 6, including the James E. Davidson, are eachownedby a separate corporation and the remaining 3 are owned by a seventh corporation .3 Apparently, there is no common controlling stock interest. However, all the officers, a majority of the directors , and 40 percent of the stockholders are common to all the companies . Also, all the vessels are engaged in similar functions , namely, transporting commodities in bulk, such as iron ore, coal, and grain, on the Great Lakes and their connecting and tributary waters. All the companies have offices at the same address, the entrance bearing only the Fleet name, and they have common office employees . The companies maintain a common bank account in the Fleet name, out of which all expenses are paid. The telephone is listed only in the Fleet name; the letterhead bears the Fleet name, with the individual companies listed in small print on the side ; letters are signed in the Fleet name; 1 The Employer's motion to dismiss on the ground that the unit sought by the Petitioner is inappropriate was reserved for ruling by the Board. For the reasons stated in section 3, infra, the motion is hereby granted 2 The Employer's request for oral argument is denied because in our opinion the record, including the Employer's brief, adequately presents the issues and the positions of the parties. 3 The corporations each owning 1 ship are: Inter-Ocean Steamship Co , Consolidated Steamship Company, Continental Steamship Company, Triton Steamship Company, Sumatra Steamship Company, and Duluth Steamship Company. The remaining corporation, which owns 3 ships, is Globe Steamship Corporation 107 NLRB No. 92 INTER-OCEAN STEAMSHIP CO. (TOMLINSON FLEET) 331 and notices and announcements sent to the vessels by the office are in the Fleet name. Separate records and payrolls are maintained for each company and separate financial statements are prepared. Individual company names are also listed on reports sent to Internal Revenue showing the employees ' annual wages. How- ever , the records for all the companies are kept at the same office.4 Contracts for hauling are negotiated by the common presi- dent and signed in the Fleet name. Six of the companies have joint rights and obligations under the contracts .5 The com- panies have a common assistant manager or dispatcher who arranges loads , names the steamer to carry loads , and tends to loading and unloadings . He has full authority to dispatch any vessel to fulfill a contract and that vessel is credited for the load carried. The captain or chief engineer of each ship can buy supplies and equipment for his ship , signing the requisition with the boat ' s name and his title , and such purchases can be made without approval of the home office if the item is not large. However , the common marine superintendent passes on bills, expenses , and requisitions of large items . Equipment is transferred between ships , with appropriate charges made on the books . Marine insurance is bought on a fleet basis and a common rate prevails. All the vessels are painted the same and bear the same markings. There has been no bargaining history with respect to any of the Fleet employees . The officers on all vessels of the same class receive the same wages and the unlicensed personnel on all vessels, regardless of class , are paid the same for like positions. All personnel receive the same bonus, vaca- tion plan , and payment of fares . The wages and bonuses are fixed by company officers and the particular worker's right to such benefits is determined by the marine superintendent. The marine superintendent is responsible for the repair and maintenance of vessels and for employment generally. He hires, discharges, promotes, ' demotes, and assigns all licensed personnel . Although unlicensed personnel are hired and discharged by the individual ship officers , such action is subject to the supervision of the marine superintendent who may revoke a discharge and effect a transfer. Employees are paid at the individual ships by the master , but if a check is requested , it bears the Fleet name . Grievances are handled initially by the individual ship officers with a right of appeal to the marine superintendent. There is a total of 265 or 270 unlicensed personnel in the Fleet and about 28 in the requested unit. Transfers in general 4Risatti, vice president and secretary of the companies , testified that separate companies were developed at least in part for tax purposes. 5 Sumatra Steamship Company, which owns the steamship Sumatra , generally has separate contracts because, unlike the others, this vessel is a "self unloader." 332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD are arranged by the marine superintendent . During the years 1952 and 1953 , 24 persons ( licensed and unlicensed) were transferred between vessels and 6 of these persons worked on the James E. Davidson . For bonus and vacation purposes, service on all vessels is counted, if such service is con- tinuous. The foregoing circumstances , including the unified deter- mination and control of labor policies, the integrated opera- tions, the common employment conditions, and the transfer of ship personnel and equipment clearly establish that the seven companies which comprise the Tomlinson Fleet are a single employer within the meaning of Section 2 ( 2) of the Act. These circumstances further demonstrate , in our opinion, that a unit confined to one ship of the Fleet, as requested by the Petitioner , is too limited in scope and that only a Fleet- wide unit is appropriate. As the Petitioner has neither requested , nor made an adequate showing of interest in, the more comprehensive unit, we shall dismiss the present petition. [The Board dismissed the petition.] NORTHWEST POULTRY AND DAIRY PRODUCTS COMPANY and CHRISTIAN STRICKWERDA EGG AND POULTRY WORKERS LOCAL NO. 231, AND SHIRLEY W. BARKER, ITS AGENT and CHRISTIAN STRICKWERDA. Cases Nos . 36-CA-353 and 36-CB-75. December 15, 1953 DECISION AND ORDER On June 30 , 1953, Trial Examiner Martin S. Bennett issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had not engaged in and are not engaging in certain unfair labor practices and recommended that the complaint be dismissed , as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the General Counsel filed exceptions to the Intermediate Report and a supporting brief , and each of the Respondents filed a reply brief in support of the Intermediate Report. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings , conclusions , and recommendations of the Trial Examiner. [The Board dismissed the complaint.] 107 NLRB No. 94.