Baltimore Mail Steamship Co.

National Labor Relations Board - Board Decisions

Mar 13, 1940

21 N.L.R.B. 561 (N.L.R.B. 1940)

In the Matter of BALTIMORE MAIL STEAMSHIP COMPANY, AN AFFILIATE
OF UNITED STATES LINES COMPANY 1 and MARINE ENGINEERS BENE-
FICIAL ASSOCIATION
In the Matter of BALTIMORE MAIL STEAMSHIP COMPANY, AN AFFILIATE
OF UNITED STATES LINES COMPANY 1 and NATIONAL ORGANIZATION
MASTERS, MATES & PILOTS OF AMERICA
In the Matter of UNITED STATES LINES COMPANY and MARINE DIVI-
SION , COMMERCIAL TELEGRAPHERS UNION, A. F. OF L.
In the Matter of UNITED STATES LINES COMPANY and NATIONAL
ORGANIZATION MASTERS, MATES & PILOTS OF AMERICA 2 AND UNITED
LICENSED OFFICERS OF AMERICA
In the Matter Of UNITED STATES LINES COMPANY and MARINE ENGI-
NEERS BENEFICIAL ASSOCIATION AND UNITED LICENSED OFFICERS OF
AMERICA
Cases Nos. R-1638, R-1639, R-1640, RE-3, and RE-3, respectively.-
Decided March 13, 1940
Shipping Industry-Investigation of Representatives : petition for dismissed
where unions do not desire to continue the proceeding and company refuses to
produce evidence deemed necessary by the Board to continue in its investigation.
Mr. rliillard L. 11lidonick, for the Board.
Kirlin, Campbell, Hickox, Keating cf McGrann, by Mr. A. V.
Cherbonnier and Mr. James A. Carney, of New York City, for
United States Lines Company.
Mr. Edward P. Trainer, of New York City, for the M. E. B. A.
Capt. Edward T. Pinchin, of Rockville Center, Long Island, N. Y.,
for the M. M. P.
Mr. C. C. Johnson, of New York City, for the C. T. U.
Mr. Herbert J. DeVarco and Mr. B. L. Todd, of New York City,
and Mr. 0. L. Bonifay, of Baltimore, Md., for the U. L. 0.
Boudin, Cohn cQ Glickstein, by Mr. Leonard B. Boudin and Mr.
Irving Robert Feinberg, of New York City, for the A. C. A.
Mr. Frederick R. Levinstone, of counsel to the Board.
1 Incorrectly designated in the petitions and notice of hearing as Baltimore Mail SS Co ,
an affiliate of U. S Lines Co. and Baltimore Mail-United States Lines
2 Incorrectly designated in the petition and notice of hearing as Masters , Mates and
Pilots of America.
21 N. L. R. B., No 52.
561
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
ORDER
'STATEMENT OF THE' CASE
On May 24, 1939, Marine Engineers Beneficial Association,'herein
called M. E. B; A., filed with the Regional Director for the Second
Region (New York City) a petition and on June '6 and June 26,
1939, amended petitions alleging that a question affecting'commerce
had arisen concerning the representation of employees of Baltimore
Mail Steamship Company and United States Lines Company and
requesting an investigation and certification of representatives pur-.
suant to Section9 (c) of the National Labor Relation's Act, 49 Stat:
449, herein called the Act. On May 29, 1939, National Organization
Masters, Mates & Pilots of America; herein called M. M. P., filed a
similar-petition with the. Regional. Director. On August 29, 1939, the
Marine Division, Commercial Telegraphers Union, herein called
C. T. U., filed a similar petition with the Regional Director. On
August 18, 1939, United States Lines Company filed two similar
petitions with the Regional Director. On October 18, 1939, 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,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice and further ordered that for the purposes of hearing and for
all other purposes, the cases be consolidated and that one record of
the hearing be made. '
On October 20, 1939, the Regional Director issued a notice of
hearing copies of which were duly served upon all the parties. Pur-
suant, to such notice a hearing was held on November 20 through
28, 1939, in New York City before Charles E. Persons, the Trial
Examiner duly designated by the Board. '
On January 6, 1940, the Board issued an order reopening the
record for the purpose of adducing further testimony, inter alia, with
respect to the charter agreement between United States Lines Com-
pany and Baltimore Mail Steamship Company under the terms of
which United States Lines Company is operating five ships owned
by Baltimore Mail Steamship Company and remanding the proceed-
ing to the Regional Director for the Second Region (New,York' City),,
for the purpose of continuing such further , hearing. On January
31, 1940, the Regional Director issued notice of further hearing which
was duly served upon all the parties. Pursuant to said notice hear-
BALTIMORE MAIL STEAMSHIP COMPANY 563
ing was held on February 13 and 17, 1940, at New York City before
Joseph -L. Maguire, the Trial Examiner duly designated by the
Board. For the purpose of adducing testimony with respect to
the appropriate unit the Board on February 12, 1940, issued sub-
poenas-directing A. J. McCarthy, vice president of ,.United-, States
Lines Company, to appear and testify' in said proceeding and direct-
ing United States Lines Company to produce the charter agreement
between it and Baltimore Mail Steampship Company. McCarthy
and United States Lines Company refused to comply with the
subpoenas.
During the course of the hearing all of the unions with the excep-
tion of the A. C. A. requested indefinite adjournment or dismissal
of the petitions. The A. C. A. consistently contended that there
was no question concerning representation existing between it and
the petitioner C. T. U., which petitioning union, as previously noted,
joined in the request for indefinite adjournment. It is apparent
from the- above-noted facts that none, of the unions of their own
volition desire to continue this proceeding and that the only party
desiring its continuance is United States Lines Company. Since the
unions do not desire to continue the proceeding and the United States
Lines Company has refused to produce evidence deemed necessary
by the Board in its investigation we will dismiss the petitions with-
out prejudice.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations, Series 2-as amended,
IT is HERESY oRDERED that the petitions herein be dismissed, with-
out prejudice, and the aforesaid cases be, and they hereby are, closed.