Clyde-Mallory Lines

National Labor Relations Board - Board Decisions

Feb 19, 1938

5 N.L.R.B. 503 (N.L.R.B. 1938)

In the Matter Of 'CLYDE-MALLORY LINES and COMMERCIAL TELEGRA-
PHERS UNION, MARINE DIVISION-A. F. OF L.
Case No. R-550-Decided February 19, 1938
Water Tiansportatzon Industry-Investigation of Representatives : contro-
versy concerning representation of employees : rival organizations; substantial
doubt as to majority status-Unit Appropriate for Collective Bargaining: radio
telegraphers ; no controversy as to ; eligibility for membership in both rival or
gamzations-Election Ordered
Mr. John T. McCann, for the Board.
Mr. Burton H. White, of New York City, for the Company.
Mr. Charlton Ogburn and Mr. Arthur E. Reymann, of New York
City, for the C. T. U.
Mr. Mort Borow, of New York City, for the A. R. T. A.
Mr. Spurgeon Avakiana, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 16, 1937, Commercial Telegraphers Union, Marine
Division, A. F. of L., herein called the C. T. U., filed with the Re-
gional Director for the Second Region (New York City) a petition
alleging that.a question has arisen concerning the representation of
employees of Clyde-Mallory Lines, New York City, herein called the
Company, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On December 4, 1937,
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 1,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On January 4, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
C. T. U., and upon American Radio Telegraphists' Association, Ma-
rine Local No. 2, herein called the A. R. T. A., a labor organization
purporting to represent employees directly affected by the investiga-
503
80533-38-33
504
NATIONAL LABOR RELATIONS BOARD
tion. Pursuant to the notice, a hearing was held on January 11 and
12, 1938, at New York City, before Mapes Davidson, the Trial Ex-
aminer duly designated by the Board. The Board, the Company, and
the C. T. U. were represented by Counsel, and the A. R. T. A. by
its secretary, and all participated in the hearing. Full opportunity
to be heard, to examine and to cross-examine witnesses, and to intro-
duce evidence bearing on the issues was afforded all parties. During
the course of the hearing the Trial Examiner made several rulings
on motions and on objections 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 snakes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
During the hearing counsel for the Board read into the record a
stipulation entered into by and between the Company and the Board
concerning the business of the Company, which shows that Agwilines,
Inc., is a corporation organized and existing under the laws of the
State of Maine, and Clyde-Mallory Lines is a trade name under
which Agwilines, Inc., as one of its activities, operates vessels for
the transportation of freight and passengers nn a coastwise service
between ports on the eastern and southern coasts of the United States.
Sixteen vessels, five carrying passengers and eleven carrying freight,
are engaged in this service. Some of the ports touched by these ships
are New York City; Charleston, South Carolina; Jacksonville,
Miami, Key West, and Tampa, Florida; New Orleans, Louisiana; and
Galveston, Texas. In addition, some of the ships occasionally call
at• the, ports of Nassau, Bahama Islands; Havana, Cuba; and San
Juan,, Porto Rico. All of the sixteen vessels are registered out of
the port of New York, and their activities and operations are directed
from the office of Agwilines, Inc., in New York City. Branch offices
are maintained in numerous cities throughout the country.
II. THE ORGANIZATIONS INVOLVED
Commercial Telegraphers Union, Marine Division, is a labor or-
ganization affiliated with the American Federation of Labor, admit-
ting to its membership all radio telegraphers employed by the
Company.
The American Radio Telegraphists' Association, Marine Local No.
2, is a labor organization affiliated with the Committee' for Industrial
Organization, admitting to its membership all radio telegraphers
employed by the Company.
0
DECISIONS AND ORDERS
III. THE QUESTION CONCERNING REPRESENTATION
505
Both labor organizations claim to represent a majority of the radio
telegraphers employed by the Company, and have submitted docu-
mentary evidence hereinafter described in support of their respective
claims.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The C. T. U. in its petition claimed that all radio telegraphers
employed by the Company constitute a unit appropriate for the
purposes of collective bargaining. The A. R. T. A. representative at
the hearing agreed to this proposed unit, and the Company has raised
no objection to it. As stated in Section II above, both labor organi-
zations have the same rules of eligibility to membership in so far as
they are material here. The evidence shows that the radio telegra-
phers employed by the Company differ from the other employees
with regard to type of work, wages and hours, rank, and other
matters.
We find that all the radio telegraphers employed by the Company
constitute a unit appropriate for the purposes of collective bargain-
ing and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company employs 26 radio telegraphers. At the hearing the
agent of the C. T. U. testified that 22 employees had designated the
C. T. U. as their representative for the purposes of collective bar-
gaining with the Company, and substantiated his testimony by plac-
ing in evidence applications for membership in the C. T. U., letters
to the Regional Director for the Second Region, and letters to the
C. T. U. These documents were dated at various times from March
18, 1937 to December 6, 1937.
506 NATIONAL LABOR RELATIONS BOARD
On the other hand, the agent of the A. R. T. A. testified that 17
radio telegraphers employed by the, Company had designated the
A. R. T. A. as their representative for the purposes of collective bar-
gaining with the Company, and substantiated this testimony by plac-
ing in evidence applications for membership in the A. R. T. A. and
receipts for dues paid issued by the A. R. T. A. to some of the
employees involved. The 'dates on these documents varied from
August 15, 1935 to January 10, 1938.
The evidence shows that 14 of the employees involved had, during
the few months preceding the hearing, designated both the C. T. U.
and the A. R. T. A. as their representatives. The latest preference
of 13 of these men, as shown by the dates on the various documents,
was the A. R. T. A. We find that the conflicting evidence produced
at the hearing makes an election by secret ballot necessary to resolve
the question concerning representation.
In view of the fact that a small number of employees are involved,
and the fact that there have been several changes of personnel since
the petition was filed on November 16, 1937, we find that the em-
ployees in the appropriate unit who were employed by the Company
in the pay-roll period immediately preceding the date of the hearing
herein, January 11, 1938, excluding those who have since quit or, been
discharged for cause, shall be eligible to vote, subject to the qualifica-
tions stated below.
On January 4, 1938, the C. T. U. filed with the Regional Director
for the Second Region (New York City) a charge alleging that
Mitchell Gittleson and John Gillespie were discharged by the Com-
pany on December 22, 1937, because of their affiliation with the
C. T. U., in violation of Section 8 (3) of the Act. If the charge
filed by the C. T. U. is sustained, Gittleson and Gillespie were dis-
charged as the result of an unfair labor practice, and are entitled
to participate in the election ordered herein. We therefore hold that
in the election held pursuant to this decision Mitchell Gittleson and
John Gillespie shall be entitled to vote, and their ballots shall be
segregated and marked as Group A. The ballots of the two men
who were added to the Company's pay roll in place of Gittleson and
Gillespie shall be segregated and marked as Group B. If the ballots
in Group A and Group B are material to the final result, they shall
be withheld by the Regional Director pending the outcome of the
charge filed by the C. T. U. on January 4, 1938. If that charge is
upheld by the Board, the ballots in Group A shall then be tabulated
in determining the final result; but if the charge is withdrawn or
dismissed, the ballots in Group B shall be tabulated in determining
the final result.
On the basis of the above findings of fact and upon the entire
record in the proceeding, the Board makes the following:
DECISIONS AND ORDERS
CONCLusIONs OF LAW
507
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Clyde-Mallory Lines, New York City,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. The radio telegraphers employed by the Company constitute
a unit appropriate for the purposes of collective bargaining, 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 -Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
it is hereby
DIRECTED that, as a part of the investigation ordered by the Board
to ascertain representatives for- the purposes of collective bargaining
with Clyde-Mallory Lines, New York City, an election by secret ballot
shall be conducted within fifteen (15) days from the date of this Direc-
tion, 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 the radio telegraphers employed by
the Clyde-Mallory Lines during the pay-roll period next preceding
January 11, 1938, excluding those who have since quit or been dis-
charged for cause, but including Mitchell Gittleson and John Gil-
lespie, with their ballots and those of the two men who replaced them
on the pay roll of the Company to be segregated into Group A and
Group B, respectively, and withheld pending the outcome of the charge
that Gittleson and Gillespie were discharged by the Company as the
result of an unfair labor practice, to determine whether they desire to
be represented by Commercial Telegraphers Union, Marine Division,
affiliated with the American Federation of Labor, or American Radio
Telegraphists' Association, affiliated with the Committee for Indus-
trial Organization, or by neither.
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
February 05, 1938
On February 19, 1938, the National Labor Relations Board, herein
called the Board, issued a Direction of Election in the above-
508 NATIONAL LABOR RELATIONS BOARD
entitled proceeding, the election to be held within fifteen (15) days
from the date of Direction, under the direction and supervision of
the Regional Director for the Second Region (New York City).
The Board, having been advised that a longer period is necessary,
hereby amends the Direction of Election issued on February 19,
1938, by striking therefrom, wherever they occur, the words, "within
fifteen (15) days from the date of this Direction," and substituting
therefor the words, "as soon as convenient and beginning as promptly
as is practicable after the date of this Direction."