Calmar Steamship Corp.

National Labor Relations Board - Board Decisions

Oct 7, 1940

27 N.L.R.B. 681 (N.L.R.B. 1940)

In the Matter of CALMAR STEAMSHIP CORPORATION and SEAFARERS'
INTERNATIONAL UNION OF )\I ORTH AMERICA
,Case No. R-2057.Decided October 7, 1940
Jurisdiction : water transportation industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to the union; election necessary.
Unit Appropriate for Collective Bargaining : all unlicensed personnel employed
on vessels operated by the Company in the deck, engine, and stewards' de-
partments, except wireless and radio operators, and junior engineers who
hold licenses
Cravath, DeGersdorff, Swaine c Wood, by Mr. C. A. McLain, of
New York City, for the Company.
Mr. Charlton Ogbvrn, by Mr. C. C. Johnson, of New York City,
for the S. I. 17.
Mr. Robert F. Koretz, of counsel to the Board.
DECISION
AND
DIRECTION OF, ELECTION
STATEMENT OF THE CASE
On May 24, 1939, Seafarers' "International Union of North
America, herein called the S. I. U., filed a petition with the Regional
Director for the Second Region (New York City), alleging that a
question affecting commerce had arisen concerning the representation
of employees of Calmar Steamship Corporation, New York City,
herein called the Company, and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
15, 1940, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
27 N. L. R. B., No. 128. -
681
682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 25, 1940, the Regional. Director issued a notice of hear=
ing, copies of which, together with copies of the petition, were duly
served upon the Company, the S. I. U., and National Maritime Union
of America, herein called' the N. M. U. Pursuant to the notice and
to subsequent notices of postponement and of continuance of hearing
duly issued and served upon the parties, a hearing was held on Sep-
tember 17, 1940, at New York City, before Martin I. Rose, the Trial
Examiner duly designated by the Board. The Company and the
S. I. U. appeared, were represented by counsel, and participated in
the hearing. The N. M. U. did not appear at the hearing.' Full op-
portunity 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 ruled on a
motion and on an objection 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Calmar Steamship Corporation, a Delaware corporation, is engaged
in the transportation of freight between ports on the Atlantic coast of
the United States and ports on the Pacific coast of the United States.
The following vessels operated by the Company, each having as its
port of registry New York City, are engaged in such transportation :
the Calmar, Kenmar, Losmar, 0lamar, Flomar, Marymar, Massmar,
Oakrnar, Oremar, Pennmcir, Portmar, Texrmar, Vermar, and Yorkmar.
The chief ports of call of these vessels on the Atlantic coast are Balti-
more, Maryland; Philadelphia, Pennsylvania; New York and Albany,
New York; Newark, New Jersey; and Boston, Massachusetts. The
chief ports of call of these vessels on the Pacific coast are Alameda,
Oakland, San Pedro, and San Francisco, California; Portland and
Warrenton, Oregon; and Aberdeen, Long View, Seattle,,Tacoma, and
Vancouver, Washington. The total unlicensed personnel employed
by the Company on its vessels numbers approximately 364.
The Company admits, and we find, that it is engaged in trade,
traffic, commerce, and transportation among the several States, and
that the unlicensed personnel employed by the Company on the afore-
mentioned vessels are directly engaged in such trade, traffic, commerce,
and transportation.
1 The Regional Director , in a statement concerning claims of authorization for the pur-
pose of representation , dated September 12, 1940 , reported that the N . M. U failed to
submit any evidence in support of its claim of designation, although requested to do so.
CALMAR STEAMS}UP CORPORATION
H. THE ORGANIZATION INVOLVED
683
Seafarers ' International Union of North America is a labor organi-
zation admitting to membership unlicensed personnel employed in the
deck, engine, and stewards' departments of the vessels operated by
the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
In letters to the Company, dated November 27 and December 6,-
1939, respectively, the S. I. U. claimed that a majority of the unlicensed
personnel employed aboaid the Company's vessels had designated it as
their representative for the purposes of collective bargaining and re-
quested a conference-to negotiate an agreement with the Company.
Although the Company did not reply to these letters, conferences were
thereafter held between representatives of the Union and the Company
at which the Union "submitted a proposed exclusive bargaining contract
to the Company. The Company takes the position that it does not
know whether the S. I. U. in fact has been designated by a majority
of the Company's unlicensed personnel, and it therefore refused and
continues to refuse to recognize the S. I. U. as exclusive representative
of said employees until the question of majority designation is deter-
mined.
evidence a,report prepared• At the hearing there was introduced in*
by the Regional Director showing that a substantial number of em-
ployees in the unit hereinafter found to be appropriate have desig-
nated the S. I. U. as their representative for the purposes of collective
bargaining.2
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. -
IV. THE APPROPRIATE UNIT
The S. I. U. and the Company agreed that all the unlicensed per-
sonnel employed on vessels operated by the Company in the deck, en-
gine, and stewards' departments, except wireless and radio operators,
2 The Regional Director reported that the S . I. U. had submitted to her membership
and glues records containing 218 names of persons whose names appear on the crew lists
of unlicensed personnel of each of the Company's vessels, excluding the Kenmar, Calmar,
and Losmar ; that said crew lists , dated as o f certain dates between May 25, 1940, and
August 9, 1940 , contained 286 names ; and that the S. I. U. also submitted to her member-
ship and dues records containing 61 names purporting to be the names of unlicensed per-
sonnel employed on the Kenmar, Calmar, and Losmar, but that inasmuch as crew lists for
said vessels were not available at the time of the Regional Director's investigation, no
statement on such claims of authorization could be made . The S. I U also submitted to
the Regional Director certain petitions which, among others , were introduced into evidence
at the hearing and which we consider infra in Section V.
- 684, DECISIONS OF NATIONAL -LABOR -RELATIONS BOARD
and junior engineers who hold licenses,.constitute a unit appropriate
for the purposes of collective bargaining. We see no reason to depart
from the agreement of the parties as to the appropriate unit, which
is the same as that found appropriate in a prior Decision and Direction
of Elections involving' unlicensed personnel employed by the
Company.3
We find that all the unlicensed personnel employed on vessels oper-
ated by the,Company in the deck, engine; and stewards' departments,
except wireless and radio operators, and junior engineers who hold
licenses, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to the employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive bargaining and otherwise effectuate the policies of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
At the hearing there were introduced into evidence crew lists as of
certain dates between March 22 and August 22, 1940, of the unlicensed
personnel on each of the Company's vessels, showing that the Com-
pany employs 364 persons within the appropriate unit. In support of
its claim of majority designation, the S. I. U. introduced into evi-
dence authorization petitions dated between March 20 and September
11, 1940, and authorization cards, some without date and the remainder
dated in or before July 1939.4 Counsel for the Company did not
challenge the authenticity of the signatures appearing 'on these peti-
tions and cards, and stated that the Company had no objection to the
S. I. U.'s request that it be certified upon the evidence in the record.
An analysis of the afore-mentioned instruments shows that approxi-
mately 175 of the names appearing as signatures on the authorization
petitions and approximately 12 additional names appearing as signa-
tures on the authorization cards also appear upon the crew lists. We
believe that the 12 authorization cards were signed as of too remote i
period to justify a finding that the signers now desire the S. I.'U. to
represent them.' Under the circumstances, we find that the question
concerning representation which has arisen can best be resolved by
an election by secret ballot.
3Matter_of American France Line, at at ( Calmar Steamship Corporation ) and Inter-
national Seamen 's Union of America , 3 N L. R B 64 ' In those proceedings , the definition
of the appropilate unit differed only in that chief electricians on electrically driven'ships
were also excluded from the unit . In the instant proceedings the record shoes that the
Company does not operate or contemplate operating any electrically driven ships.
4 Although the Regional Director reported that additional evidence of designation was
submitted by the S I U to her ( see footnote 2, sapia ), this evidence was not introduced
at the hearing
Cf Matter of Ocean Steamship Company of Savannah and United Licensed Officers of
the United States of America , 2 N L. R B 588
' CALMAR- STEAMSHIP CORPORATION " 685'
We shall • direct that elections" on the Company's ships shall. be con-
ducted as soon as convenient and beginning as promptly as is practi-
cable after the date of this Direction of Election, under the direction,
and supervision of the Regional Director, who shall determine in her
discretion the exact time, place, and procedure for posting notices of
election and for balloting on each ship, provided, however, that each
-^essel will be posted'with a notice of election, a sample ballot, a list of
employees eligible to vote, and a notice of the time and place where
balloting will be conducted, at some port of call in the United States
prior to the port where balloting is conducted, or, in the event the vessel
i's to be posted and voted in the same port without' an intervening trip,
at least 48 hours before balloting is conducted.
Those eligible to votd in the election will be the unlicensed' personnel
employed by the Company within the appropriate unit, who are
-employed on a vessel operated by the Company when it is posted and
who are still so employed at the time balloting takes place, provided,
however, that if any person so employed be transferred from one ship
of the Company to another during the period when the elections are
being conducted, he shall be entitled to vote but once. I
Upon the basis of the foregoing 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 Calmar Steamship Corporation, New York
City, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
2. All the unlicensed personnel employed on vessels operated by
the Company in -the deck, engine, and stewards' departments, except
wireless and radio operators, and junior engineers who hold licenses,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor.
Relations 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-
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, as part of the investigation ordered by the Board
to determine representatives for the purposes of collective bargaining
with Calmar Steamship Corporation, New York City, an election by
secret ballot shall be conducted as soon as convenient and beginning
686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as promptly as practicable after the date of this'Direction)of Election
in conformity with the-- rules set - forth hereinabove for the conduct
of such an election, under the direction and supervision of the Regional
Director for the Second 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 the unlicensed personnel,
employed on vessels operated by the Company.in the deck, engine, and
stewards' departments, except wireless and radio operators, and junior
engineers who hold licenses, at the time the vessels are posted and
still employed in `the same capacity at the time the election is held,
to determine whether, or not they desire to be represented.by Seafarers'
International Union of North America for the purposes of collective
bargaining. .