Carteret Towing Co., Inc.

CARTERET TOWING COMPANY, INC. APPENDIX B NOTICE To ALL EMPLOYEES Or GUILD INDUSTRIES MANUFACTURING CORP. 975 Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, I hereby notify you that: I WILL NOT interrogate employees of Guild Industries Manu- facturing Corp., regarding their union membership or activities in a manner constituting interference, restraint, or coercion within the meaning of Section 8 (a) (1) of the Act. I WILL NOT in any like or related manner interfere with, restrain, or coerce employees of Guild Industries Manufacturing Corp. in the exercise of the right to self-organization, to form or assist labor organizations, to join or assist any labor organization, to bargain collectively through representatives of their own choos- ing, and to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act, and to refrain from any and all such activities. PAUL A. SAAD, Respondent. Attorney for Guild Industries Manufacturing Corp. This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office (Boss Building, 112 East Cass Street, Tampa, Florida; Tele- phone Number 223-4623) if they have any question concerning this notice or compliance With its provisions. Carteret Towing Company, Inc. and Inland Boatmen's Union of Seafarers International Union of North America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO. Case No. 11-CA-1806. February 9, 1962 DECISION AND ORDER Upon charges duly filed by Inland Boatmen's Union of Seafarers International Union of North America, Atlantic, Gulf, Lakes & In- land Waters, AFL-CIO, herein called the Union, the General Counsel of the National Labor Relations Board, herein called the Board, by the Regional Director for the Eleventh Region, issued a complaint dated September 11, 1961, against Carteret Towing Company, Inc., 135 NLRB No. 101. 976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD herein called the Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8(a) (1) and (5) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing before a Trial Examiner were duly served upon the Respondent and the Charging Party. On November 6, 1961, all parties to this proceeding entered into a "Stipulated Record in Lieu of Hearing" wherein they waived a hear- ing before a Trial Examiner and the issuance of an Intermediate Re- port and Recommended Order, agreeing to submit the case directly to the Board for its findings of fact, conclusions of law, and order. By order of the Board dated November 17, 1961, the parties' stipulation was approved by the Board and made part of the record herein, and this proceeding was transferred to the Board. Thereafter, the Union filed a brief with the Board. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Leedom, Fanning, and Brown]. The Board has considered the parties' stipulation, the brief, and the entire record in the case, and hereby makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Respondent is a North Carolina corporation having its sole place of business at Morehead City, North Carolina, where it operates two tugboats in and around the harbor. During the past 12 months, which period is representative of all times material herein, the Respondent received $40,000 from the U.S. Navy under a contract providing for the assistance of its ships in entering and leaving the harbor at More- head City. During the same period, Respondent received $150,000 for navigation services furnished by its tugs to large commercial ocean- going vessels entering and leaving the harbor, said vessels being en- gaged in the transportation of passengers and freight to and from United States ports and foreign ports whose owners annually receive in excess of $100,000 in revenues from its transportation business. On the basis of these stipulated facts, we reject the Respondent's contention that the Board is without jurisdiction over its business. For, by virtue of its services for the U.S. Navy, Respondent exerts a substantial impact on national defense. Also, Respondent functions as a link in the transportation of passengers and freight in interstate commerce and commerce between the United States and foreign na- tions for which service it receives in excess of $50,000 per year, and it provides services valued in excess of $50,000 annually to private com- CARTERET TOWING COMPANY, INC. 977 panies over whom the Board would assert jurisdiction. In the circum- stances, we find that the nature and volume of Respondent's business satisfies the Board's applicable jurisdictional standards 1 and, as in the' recent representation proceeding to which the Respondent and, the Union were parties,' we conclude that the Respondent is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction over its operations. II. THE LABOR ORGANIZATION INVOLVED Respondent admits, and we find, that the Union is a labor organiza- tion within the meaning of Section 2 (5) of the Act. III. THE UNFAIR LABOR PRACTICES Pursuant to' a Decision and Direction of Election dated June -6, 1961,3 an election by secret ballot was conducted on June 22, 1961, under the direction and supervision of the Regional Director for the Eleventh Region, among the employees in the unit found appropri- ate.4 Following the election, the Regional Director served upon the parties a tally of ballots which showed that of approximately five eligible voters, five cast ballots for the Union, and there was one chal- lenged ballot. On June 30, 1961, the Regional Director for the Eleventh Region, on behalf of the Board, issued a certification to the Union as the collective-bargaining agent for the employees of Re- spondent in the unit found appropriate. By letter dated July 3, 1961, and on later occasions, the Union requested a meeting with Respondent for the purpose of negotiating a collective-bargaining agreement. Respondent has consistently re- fused, and continues to refuse, to bargain with the Union. The com- plaint herein alleges that the Respondent has thereby violated Section 8(a) (1) and (5) of the Act. As set forth in the stipulation of the parties, the reason Respondent has refused to bargain with the Union is its "conviction that the Board does not have jurisdiction over the Respondent." However, we have rejected this jurisdictional claim, which is Respondent's sole defense in this case. In view thereof, we conclude that the Respond- ent by refusing to bargain with the Union as the certified representa- tive of its employees in an appropriate unit, has committed unfair labor practices within the meaning of Section 8 (a) (1) and (5) of the Act, as alleged in the complaint. 1 Ready Mixed Concrete & Materials, Inc., 122 NLRB 318; H P 0 Service, Inc., 122 NLRB 394. 2 Case No. 11-RC-1413 ( not published in NLRB volumes). 3 Case No. 11-RC-1413, supra. 4 The unit found appropriate consists of all employees employed on vessels of the Respondent in and about Morehead City, North Carolina, excluding office clerical em- ployees, professional employees, guards, watchmen, and supervisors as defined in the Act. 634449-62-vol. 13 5-6 3 11 978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1V. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section III, above, occurring in connection with its operations described in section I, above, have a close, intimate, and substantial relation to trade, traffic, commerce, and transportation among the several States and between the United States and foreign nations and tend to lead to labor dis- putes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that the Respondent has engaged in unfair labor practices within the meaning of Section 8 (a) (1) and (5) of the Act, we shall order that it cease and desist therefrom and, upon request, bargain collectively with the Union as the exclusive representative of all employees in the appropriate unit, and, if an understanding is reached, embody such understanding in a signed agreement. CONCLUSIONS OF LAW 1. Inland Boatmen's Union of Seafarers International Union of North America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO, is a labor organization as defined in Section 2(5) of the Act. ° 2. All employees employed on vessels of the Respondent in and about Morehead City, North Carolina, excluding office clerical em- ployees, professional employees, guards, watchmen, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. 3. The'above-named labor organization was, on June 30, 1961, and at all times thereafter, the exclusive representative of all employees in the aforesaid appropriate unit for purposes of collective bargain- ing within the meaning of Section 9 (a) of the Act. 4. By refusing, on and since July 3, 1961, to bargain collectively with the above-named labor organization as the exclusive representa- tive of its employees in the aforesaid appropriate.unit, the Respond- ent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) and (5) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. ORDER Upon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, Carteret Towing Company, Inc., Morehead City, North Carolina, its officers, agents, successors, and assigns, shall: CARTERET TOWING COMPANY, INC. 979 1. Cease and desist ' from : (a) Refusing to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment, with Inland Boatmen's Union of the Seafarers International Union of North America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO, as the exclusive representative of all its employees in the following appropri- ate unit : All employees employed on vessels of the Respondent in and about Morehead City, North Carolina, excluding office clerical employees, professional employees, guards, watchmen, and super- visors as defined in the Act. (b) In any like or related manner interfering with the efforts of Inland Boatmen's Union of the Seafarers International Union of North America, Atlantic, Gulf, Lakes & Inland Waters; AFL-CIO, on behalf of such employees. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Upon request, bargain collectively with the above-named labor organization as the exclusive representative of all employees in the appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of employment and, if an understanding is reached, embody such understanding in a signed agreement.. .. . (b) Post at its principal place of business on shore, and on its tug- boats, copies of the notice attached hereto marked "Appendix." 5 Copies of said notice, to be furnished by the Regional Director for the Eleventh Region, shall, after being duly signed by the Respond- ent's authorized representative, be posted by the Respondent immedi- ately upon receipt thereof, in conspicuous places, including all places "where notices to employees are customarily posted, and maintained by it for at least 60 consecutive days thereafter. Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material. (c) Notify the Regional Director for the Eleventh Region, in writ- ing, within 10 days from the date of this Order, what steps the Re- spondent has taken to comply herewith. B In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order." 'APPENDIX NOTICE TO ALL EMPLOYEES Pursuant to a Decision and Order of the' National Labor Relations Board, and in order to effectuate the policies- of the National Labor Relations Act, as amended, we hereby notify our. employees that:' WE WILL :NOT refuse to bargain collectively with Inland Boat- men's Union of the Seafarers International •'TJnion' of ' North 980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO, as the exclusive representative of the employees in the bargaining unit described below. WE WILL, upon request, bargain with Inland Boatmen's Union of the Seafarers International Union of North America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO, as the exclusive repre- sentative of all the employees in the bargaining unit described below with respect to rates of pay, wages, hours of employment, and other conditions of employment, and, if an understanding is reached, embody such an understanding in a signed agreement. WE WILL NOT in any like or related manner interfere with the efforts of Inland Boatmen's Union of the Seafarers International Union of North America, Atlantic, Gulf, Lakes & Inland Waters, AFL-CIO, on behalf of such employees. The bargaining unit is : All employees employed on vessels of the Respondent in and about Morehead City, North Carolina, excluding office clerical employees, professional employees, guards, watchmen, and supervisors as defined in the Act. CARTERET TOWING COMPANY, INC., Employer. Dated---------------- By------------------------------------- (Representative ) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office, 1831 Nissen Building, 310 West Fourth Street, Winston-Salem, North Carolina, Telephone Number, Park 4-8356, if they have any question concerning this notice or compliance with its provisions. Radio Corporation of America and Local Union 11, International Brotherhood of Electrical Workers, AFL-CIO. Case No. 21- CA-4194. February 13, 1962 DECISION AND ORDER On March 21, 1961, Trial Examiner David F. Doyle issued his Intermediate Report in the above-entitled proceeding, finding that Respondent had not engaged in the unfair labor practices alleged in the complaint, and recommending that the complaint be dismissed in its entirety, as set forth in the Intermediate Report attached hereto. Thereafter, the General Counsel filed exceptions to the Intermediate Report and a supporting brief. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The 135 NLRB No. 100.