Ohio Barge Line, Inc., And National Organization, *masters, Mates And Pilots Of America, Local 25, Afl, 154 (1945)

In the Matter of OHIO BARGE LINE, INC., and NATIONAL ORGANIZATION, *MASTERS, MATES AND PILOTS OF AMERICA, LOCAL 25, AFL Case No. 6-R-1001.-Decided November 8, 1944 Messrs. Paul J. Winschel and Edward J. Resler, of Pittsburgh, Pa., for the Company.

Messrs. Zeno Fritz and W. H. Griffith, of Pittsburgh, Pa., for the Union.

Miss Ruth E. Bliefeld, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by the National Organization, Masters,

Mates and Pilots of America, Local 25, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Ohio Barge Line, Inc., Pittsburgh,

Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before W. G. Stuart Sherman, Trial Examiner. Said hearing was held at Pittsburgh, Pennsylvania, on September 6, 1944. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues.

At the close of the hearing the Company moved to dismiss the petition on the ground that the bargaining unit requested by the Union is inappropriate because all the employees therein are representatives of management charged with the responsibility for the safety of the Company's valuable property and the masters and mates perform supervisory services of the highest character; and upon the further ground that the pilots sought to be included in the unit are independent contractors in their relationship to the Company. For the reasons hereinafter indicated, the motion is denied. The Trial Examiner's rulings made at the hearing are free from prejudicial 154 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 I. THE BUSINESS OF THE COMPANY Ohio Barge Lines, Inc., is a Pennsylvania corporation with its office and principal place of business in Pittsburgh, Pennsylvania, It is a subsidiary of, and wholly owned by the United States Steel Corporation of New Jersey, herein called the Corporation. The Company is engaged in the regular operation of two river boats and towing barges for the transportation of raw materials from New Orleans, Louisiana, and intermediate points, to plants of the Corporation located in the Pittsburgh, Pennsylvania, area, and the transportation of finished and semi-finished products from the Pittsburgh plants to New Orleans and intermediate points. During 1943 it transported by its river boats a total of approximately 87,953 net tons, of which approximately 25 percent represented raw materials which were transported to the Corporation's plants in the Pittsburgh area from points outside Pennsylvania, and approximately 75 percent represented finished and semifinished products sold and shipped from the Corporation's plants in the Pittsburgh area to points outside Pennsylvania.

The Company stipulates that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED National Organization Masters, Mates and Pilots of America, Local 25, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION It was stipulated at the hearing that a question concerning representation arose on July 11, 1944, when the Union requested recognition as exclusive bargaining representative of employees in the...