Mississippi Valley Barge Line Co.

In the Matter Of MISSISSIPPI VALLEY BARGE LINE COMPANY and INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL No 854, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter of MISSISSIPPI VALLEY BARGE LINE COMPANY and INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL No. 854, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR, AND LOUISIANA LABORERS' PROTECTIVE ASSOCIATION, INCORPORATED Cases Nos. R-3370 and RE-36.-Decided January 14, 1942 Jurisdiction : water transportation industry Investigation and Certification of Representatives : existence of question dispute as to appropriate unit; conflicting claims of rival representatives; -contract, not asserted as a bar by either party, no bar to; election necessary. Unit Appropriate for Collective Bargaining : all loaders and unloaders of freight barges and freight cars employed by the Company at New Orleans, excluding crane and derrick operators, notwithstanding desire of Company and one of the unions to include them, where there is no unterchange of employees between the two groups, where crane and derrick operators are paid a weekly salary while loaders and unloaders work on an hourly basis, and in view of the fact that crane and derrick operators are covered by a separate contract. Mr. G. C. Taylor, of St. Louis, Mo., and Mr. P. B. Lansing, and Mr. R. L. McGirl, of New Orleans, La., for the Company. Mr. Hayard E. Augustine and Mr. Robert Jones, of New Orleans, La., for the I. L. A. Mr. Rudolph F. Becker, Jr., of New Orleans, La., for the Association. Mr. Frederic B. Parkes, 2nd, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 4, and November 19, 1941, respectively, International Longshoremen's Association, Local No. 854, affiliated with the Amer- ican Federation of Labor, herein called the I. L. A., and Mississippi Valley Barge Line Company,' New Orleans, Louisiana, herein called the Company, filed with the " Regional Director for the Fifteenth Erroneously designated as "Mississippi Valley Barge Line" in the formal papers and corrected by amendment at the hearing 38 N. L. R. B., No 53 206 MISSISSIPPI VALLEY BARGE LINE COMPANY 207 Region' (New Orleans, Louisiana) separate petitions, -each alleging that a question affecting 'commerce had arisen concerning the repre- sentation of employees of the Company, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat.'449, herein called the Act. On November 21 and 26, 1941, respectively, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, section 3, of National Labor Relations Board Rules and Regulations-Series 2,, as amended, ordered an in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice; and pursuant to Article III, Section 10 (c) (2) of ., said Rules and Regulations,- ordered that the two cases be consolidated for all purposes. - On December 2, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the I. L. A., and'Louisiana Laborers' Protective Association, Incorpo- rated,2 herein called the Association, a labor organization ,claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held oh December 8, 1941, at New Orleans, Louisiana, before C. Paul Barker, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the I. L. A., and the Association were represented and participated in the hearing Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various rulings on motions and 'on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On December 22, 1941, the Company filed a brief which the Board has considered Upon the entire record in the case, the Board makes the following. FINDINGS OF FACT 1. THE BUSINESS OF THE ' COMPANY Mississippi Valley Barge Line Company , a Delaware corporation, is acommon carrier of freight bete'een New Orleans, Louisiana, and St. Louis, Missouri, on the, Mississippi Rlver, and between New Orleans, Louisiana, and Cincinnati, Ohio, on the Ohio River , including intermediate ports. The Company operates 5 boats and 95 barges. The Company maintains offices in New Orleans, Louisiana, Cincinnati, Ohio, , and St. Louis , Missouri , as well as at other points. The gross revenue of the Company amounts to approximately $3,000,000 2 Erroneously designated as "Louisiana Laborers Protective Association " in the formal papers and cor- rected by amendment at the hearing 208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD annually. The Company concedes that it is engaged in commerce within the meaning of the Act. The Company employs approxi- mately 700 employees. We find that the Company is engaged in trade, traffic, and trans- portation among the several States, and that its ,employees are directly engaged in such trade, traffic, transportation, and commerce. II. THE ORGANIZATIONS INVOLVED International Longshoremen's Association, Local No.. 854, is a labor organization affiliated with the American Federation of Labor, admitting employees of the Company to membership. Louisiana Laborers' Protective Association, Incorporated, is an unaffiliated labor organization admitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION Prior to filing its petition, the I. L. A. notified the Company that it represented a majority of certain employees employed by the Company at New Orleans, Louisiana, and requested that the Company agree to a consent election. The Company was willing to consent to an im- mediate election but the Association refused to give its consent. On May 15, 1940, the Company and the Association entered into a contract whereby the Company recognized the Association "as the exclusive collective bargaining agency for all of its employees employed as stevedores to handle freight between barges and cars, between barges and wharves and between cars and wharves and any other freight handling incident to the Company's terminal facilities at the Port of New Orleans." By the terms of the contract such employees must maintain membership in the Union. The contract provides that it should become effective June 1, 1940, and should continue in effect until June 1, 1942, but that wage rates might be reconsidered on June 1, 1941. The contract replaced an t arlier contract. On June 5, 1941, the Company entered into a contract with the Association recognizing that organization as "the Collective Bargaining agency for its employees employed as Crane or Derrick Operators for the Com- pany, in its terminal operations at New Orleans," and providing that "said men must maintain their union status to the extent of payment of dues or be dismissed." The contract is for the term of 1 year. 3 In its brief the Company states that this contract is in reality a supplemental agreement extending the terms of the original agreement to the crane and derrick operators . Although certain provisions of the earlier contract are made part of the contract covering crane and derrick operators , on its face the agreement appears to be distinct and separate from the contract covering the loaders and unloaders of freight barges and freight cars . In addition , as we have noted above , the contracts contain different provisions with respect to membership in the Union. MISSISSIPPI VALLEY BARGE LINE COMPANY 209 As noted below, we find a unit consisting of stevedores or loaders and unloaders of freight cars and barges to be appropriate for the purposes of collective bargaining. Neither the, Company nor, the Association urges that the contract covering the stevedores, which has been in existence for more than 1 year, should be a bar to an elec- tion among such employees. They, contend, in fact, that the unit should comprise the stevedores as well as the crane and derrick oper- ators who are, as we have found, covered by a separate agreement between the Company and the Association. , Under these circum,-, stances, the contract covering the stevedores can not be regarded as a bar to this proceeding. Statements of the Regional Director and a Board Field Examiner introduced into evidence at the hearing show that the I. L. A. and the Association each represents a substantial number of employees in the unit hereinafter found to be appropriate.4 We find that a question has arisen concerning the representation of employees of the Company, and that such question tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The I. L. A. contends that the Company's "loaders and unloaders of freight cars and barges,in the Port of New Orleans" constitute an appropriate unit. The Company and the Association claim that the unit appropriate for the purposes of collective bargaining embraces all loaders and unloaders of freight barges and freight cars and crane and derrick operators employed by the Company at New Orleans. The I. L. A. would thus exclude and, the Company and Association would include crane and derrick operators in the unit. The record discloses that the crane and derrick operators work at the same docks 4 The I L A submitted to the Regional Director 102 authorization cards of which 35 were dated in August 1941, 26 in September 1941,8 in October 1941, and 33 in November 1941 • The Regional Director reported that all the cards bore apparently genuine original signatures which were,witnessed by at least one,signature He reported that 85 of the signatures we're names of persons listed on the Company's pay roll of October 11, 1941 A Board Field Examiner reports as follows, Number of employees who have received Association cards for October-December 1941 from Association ------------------------------------------ -----' 115 ' Number of cards signed by employees designating I L A. as representative----- ------ 69 Number of holders of Association cards who have signed I L. A. cards ------------------ 57 Number of names on Company's pay roll of October 11, 1941 -------------------- --- 124 Number of employees on such pay roll who have purchased Association, cards for, October-December 1941 --------------------------------------------------------------- 111 There were approximately 108 employees, within the unit found below to be appropriate on Octo- her 11, 1941 438861-42-vol 38 15 210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with the loaders and unloaders of freight barges and freight cars. However, there is no interchange of employees between the two classi- fications of jobs. Loaders and unloaders never become crane or derrick operators Flagmen who assist the operators are promoted to crane or derrick operator positions when vacancies occur. Moreover, crane and derrick operators are paid a weekly salary; the loaders and unloaders work on an hourly basis. As indicated in Section IV above, the two classifications of employees are covered by separate contracts.,' We shall, therefore, exclude the crane and derrick operators from the unit. We find that all loaders and unloaders of freight barges and freight cars employed by the Company at New Orleans, excluding crane and derrick operators, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization aiid to collective bargaining and otherwise will effectuate the policies of the Act. VI. TIIE DETERMINATION OF REPRESENTATIVES We find that the question, concerning representation which has arisen can best be resolved by means of an election by secret ballot. We shall direct that those persons eligible to vote in the election shall be those 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 hereinafter set forth in the Direction. Upon the basis of the, above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Mississippi Valley Barge Line Company, New Orleans, Louisiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All loaders and unloaders of freight barges and freight cars em- ployed by the Company at New Orleans, Louisiana, excluding crane and derrick operators, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 Rela- 5 As noted previously , the Company has recognized the Association as the exclusive bargaining agency for the crane and derrick operators and no other labor organization now claims to represent them. 11ISISTSSIPPI VALLEY BARGEE LINE COMPANY 211 tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, is part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Mississippi Valley Barge Line Company, New Orleans, Louisiana, 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 of Elec- tion, under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all loaders and unloaders of freight barges and freight cars employed by the Company at New Orleans, Louisiana, who were employed during the pay-roll period immediately preceding the date of this Direction, including all employees who did not work during such pay-roll period because they were ill or on vaca- tion or in the active military service or training of the United States or temporarily laid off, but excluding crane and derrick operators and employees who have since quit or been discharged for cause, to de- termine whether they desire to be represented by International Longshoremen's Association, Local No. 854, affiliated with the Amer- ican Federation of Labor, or by Louisiana Laborers' Protective Asso- ciation, Incorporated, for the purposes of collective bargaining, or by neither.