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procedure. The union argued that the five docking pilots were professional employees covered by the LMRA, not supervisors. The docking pilots have no authority to
procedure.
The union argued that the five docking pilots were professional employees covered by the LMRA, not supervisors. The docking pilots have no authority to hire anyone, although they may be asked to give a professional opinion regarding the qualifications of an applicant for a vacant docking pilot position. Compliance with Coast Guard regulations, which require lessexperienced pilots to ride along with a more experienced pilot to learn information about a particular port before assuming responsibility for docking procedures in that port, represents a discharge of professional responsibility, which is a job duty of being a docking pilot. The docking pilots do not discipline other employees, handle grievances, or formally evaluate other employees' job performance.
The union further argued that instructions given by docking pilots to other tugboat captains who are supervisors during docking procedures are part of the job duties of a professional docking pilot. The docking pilot has no authority to order members of a tugboat captain's crew to perform any specific job duties. The determination of the number of tugboats required to perform docking procedures is a function of the size of the ship to be docked and prevailing sea and weather conditions. This determination does not require the exercise of significant independent judgment on the part of the docking pilot.
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Should the docking pilots be classified as supervisors and thus excluded from participating in a bargaining unit for purposes of collective bargaining? Explain your reasoning.
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