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Home > Topics > Organized labor Pilots Agree |
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Organized labor on the waterwaysThe Pilots Agree movement4 - The latest at ARTCO
Although it's not clear how many of the ARTCO pilots are still interested, the Masters, Mates & Pilots have continued to spend money on lawyers and court costs, trying to position themselves for another representation election. On 01 March 2001 the union won a National Labor Relations Board decision against ARTCO. The decision blocks the company from reclassifying its pilots as supervisors. The case was brought by MM&P, charging that ARTCO was engaging in unfair labor practices in its effort to reclassify its pilots. NLRB administrative law judge Paul Bogas rejected ARTCO's contention that its pilots were already statutory supervisors at the time of the alleged unfair labor practices. His decision points out that ARTCO's own documents provided "powerful evidence that the mate is the manager of the deck crew and performs these managerial duties under the direction of the captain, not the pilot." According to Teresa Hunter (a former mariner who covered the proceedings on behalf of the Dysart Law Firm in St. Louis) ARTCO's own training manuals, pamphlets, brochures, e-mail, memos to crew and even payroll codes proved that ARTCO does not consider its pilots to be supervisors. For example, the company testified that the payroll code for pilots is labelled "ARTCO SUPV," which presumably stands for ARTCO supervisor. But the same payroll code also applies to assistant engineers, and even the company concedes that the latter are not supervisors. The judge noted that "a number of the company's most important witnesses had very real credibility problems," including port captain Raymond Hopkins, who claimed that pilots had an array of supervisory responsibilities prior to May 1999 "that were not documented in any way." The judge said he was "unwilling to take Hopkins' word regarding these undocumented matters since he revealed himself to be a facile historian." That seems to be a polite way of calling Hopkins a liar. "Indeed," Bogas continued, "some of Hopkins testimony regarding significant matters was so utterly impeached that I hesitate to credit his statements regarding any disputed matter, and in general have given his testimony very little weight." The judge was no more generous with port captain Bruce Hussell, a "less than credible witness" because of his evasiveness and his eagerness to "exaggerate or deny facts." Judge Bogas accused Hussell of "intentional deception" and concluded, "I found Hussell's testimony lacking in credibility and have given it virtually no weight regarding disputed matters." Nor did ARTCO's president escape criticism. The judge said Royce Wilken was evasive, pretended to be confused, and even had "convenient memory lapses" to avoid giving unfavorable testimony. But more damaging to the company's case were statements made in 1998 and 1999, and presented as evidence. During the strike, ARTCO's then-president Craig Fischer sent striking pilots a letter which read in part, "We recognize that employees have the protected right" to go on strike. That's an admission they probably wish they hadn't written down. Then, after the strike, the company held pilots' meetings at which new supervisory responsibilities were introduced. At those meetings, ARTCO vice-president Dave Cook allowed as how, in the past, pilots had had "virtually no say-so in the management of the boat." He then essentially admitted that the reason for the new supervisory duties was to keep pilots from organizing. Apparently, Dave Cook's is a jaw that likes to flap, because he concluded by telling his captive audience, "Rest assured ... we will survive Pilots Agree of '98." Some pilots testified that his words were harsher, to the effect that the company was making pilots supervisors and there would be "no union at ARTCO." Judge Bogas decided that Dave Cook's remarks "tended to interfere with the free exercise of the pilots' rights under the (National Labor Relations) Act," and that those remarks implied that the company "had assigned supervisory duties ... in order to discourage union or protected activity...." And that's the bottom line here. The company (a) knew its pilots were non-supervisory employees engaged in union activity, and (b) tried to stop that legal activity by turning them into supervisors. That's against the law. The judge recommended to the full National Labor Relations Board that ARTCO be required "to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act." If the ruling stands, ARTCO will have to rescind all orders or instructions over the past two years aimed at assigning supervisory responsibilities. The judge also decreed that ARTCO should post a written notice on its vessels for 60 days. The notice states that "we [ARTCO] violated the National Labor Relations Act" which allows employees to organize, to "form, join, or assist any union," and to bargain collectively. The notice also states that "we [ARTCO] will not assign supervisory duties to statutory employees because they have engaged in union or protected activities or in order to discourage them from supporting the International Organization of Masters, Mates & Pilots." The full text of the notice can be read here. The Masters, Mates & Pilots were understandably ecstatic over the ruling. Their web site boasted that "there will be no threats or intimidation permitted by ARTCO because of the NLRB decision." Grammar and syntax aside, they apparently mean that the NLRB decision will prevent ARTCO from using further threats or intimidation against its pilots. The union urged ARTCO pilots to "report any such acts" so that unfair-labor-practices charges can be "filed immediately." ARTCO has the right to appeal the ruling, but MM&P counsel John Singleton was reportedly "highly optimistic" that the decision would be upheld. But then there's that lawyers, guns and money thing. The company can keep delaying. If they're not satisfied with the NLRB's decisions, they can appeal to a higher court. Stay tuned.
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