Hillcone Steamship Co.

National Labor Relations Board - Board DecisionsJul 20, 1938

8 N.L.R.B. 425 (N.L.R.B. 1938)

In the Matter Of HILLCONE STEAMSHIP COMPANY and SAILORS UNION OF THE PACIFIC In the Matter of HILLCONE STEAMSHIP COMPANY and PACIFIC COAST MARINE FIREMEN, OILERS, WATERTENDERS , & WIPERS ASSN. In the Matter of HILLCONE STEAMSHIP COMPANY and MARINE COOKS & STEWARDS ASSN. OF THE PACIFIC COAST In the Matter of HILLCONE STEAMSHIP COMPANY and PACIFIC COAST MARINE FIREMEN, OILERS, WATERTENDERS, & WIPERS ASSN. In the Matter of HILLCONE STEAMSHIP COMPANY and AMERICAN RADIO TELEGRAPHISTS' ASSOCIATION Cases Nos. R-/.80, R-503, 8-507, R-511, and R-517, respectively CERTIFICATION OF REPRESENTATIVES July 00, 1938 On March 9, 1938, March 14, 1938, and March 15, 1938, the National Labor Relations Board, herein called the Board, issued Decisions and Directions of Elections 1 in the above-entitled cases and 19 re- lated cases. In so far as they dealt with the above-entitled cases, the Directions of Elections provided that separate elections by secret ballot be held as soon as convenient, and beginning as promptly as practicable after the dates of the Directions, among the unlicensed deck personnel, the radio operators, the unlicensed personnel of the engine departments, and the unlicensed personnel of the stewards' departments on all tankers operated out of Pacific Coast ports by Hillcone Steamship Company, Ltd.,- herein called the Company, to determine whether or not they desired to be represented by the Sailors Union of the Pacific, the American Radio Telegraphists' Association, Marine Division, the Pacific Coast Marine Firemen, Oilers, Water- tenders, and Wipers Association, or the Marine Cooks and Stewards Association of the Pacific Coast, respectively, for the purposes of collective bargaining. Pursuant to the Directions, four separate elections by secret ballots were conducted upon each of the Company's Pacific Coast tankers. 15 N L R B 893 , includes R-480 5 N. L R B 954, includes R-517 5 N. L R B. 982, includes R-503, R-507, R-511. 1 Designated Hillcone Steamship Company in each of the above case titles. 8 N. L R. B., No. 47. 425 426 NATIONAL LABuu RELATIONS BOARD On May 12, 1938, Alice M. Rosseter, Regional Director for the Twentieth Region (San Francisco, California), acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued four Intermediate Reports Upon Secret Ballots, copies of which were duly served upon all parties to the proceedings. As to the balloting and the results thereof, the Regional Director reported as follows : Unlicensed Deck Personnel Number of votes for Sailors Union of the Pacific ------------ 17 Number of votes against Sailors Union of the Pacific-------- 3 Total ballots counted--------------------------------------- 20 Blank, void or challenged ballots-------------------------- 0 Number eligible to vote------------------------------------- 20 Radio Operators Number of votes for American Radio Telegraphists' Associa- tion, Marine Division------------------------------------ 2 Number of votes against American Radio Telegraphists' Asso- ciation, Marine Division---------------------------------- 0 Total ballots counted--------------------------------------- 2 Blank, void or challenged ballots-------------------------- 0 Number eligible to vote------------------------------------- 2 Unlicensed Personnel of the Engine Departments Number of votes for Pacific Coast Marine Firemen, Oilers, Watertenders, & Wipers Association---------------------- 19 Number of votes against Pacific Coast Marine Firemen, Oilers, Watertenders, & Wipers Association ---------------------- 2 Total ballots counted-------------------------------------- 21 Blank, void or challenged ballots-------------------------- 0 Number eligible to vote------------------------------------- 21 Unlicensed Personnel of the Stewards' Departments Number of votes for Marine Cooks & Stewards Association of the Pacific Coast------------------------------- ------ a Number of votes against Marine Cooks & Stewards Association of the Pacific Coast-------------------------------------- 2 Total ballots counted--------------------------------------- 10 Blank, void or challenged ballots---------------------------- 0 Number eligible to vote------------------------------------- 10 On June 3, 1938, the Company filed Objections to the Ballots and Intermediate Reports with the Regional Director, alleging in sub- stance that it had been arbitrarily and unreasonably denied the right to have observers present during the conduct of the several ballots and that no report of the Trial Examiner, copy of the Board's find- ings, conclusions, or proposals, or claims or proposals of -the petition- DECISIONS AND ORDERS 427 ers or of counsel to the Board had been served upon or made known to it prior to the issuance of the Board's Decisions and Directions of Elections. Numerous specific objections to the Ballots and the In- termediate Reports were predicated upon the above allegations. The Regional Director has reported to the Board that these allegations raise no substantial or material issues. The Board finds that the refusal of the Regional Director to permit the Company to have observers at the elections constituted no abuse of discretion and that the other allegations raise no substantial or material issues. The objections are, therefore, dismissed. 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that the Sailors Union of the Pacific, the American Radio Telegraphists' Association, Marine Division, the Pacific Coast Marine Firemen, Oilers, Watertenders, & Wipers As- sociation, and the Marine Cooks & Stewards Association of the Pa- cific Coast have been designated and selected, respectively, by the majority of the unlicensed deck personnel, the radio operators, the unlicensed personnel of the engine departments, and the unlicensed personnel of the stewards' departments on tankers operated out of Pacific Coast ports of Hillcone Steamship Company, Ltd., as their representatives for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Sailors Union of the Pacific is the exclusive representative of such unlicensed deck pesonnel ; American Radio Telegraphists' Associa- tion, Marine Division, is the exclusive representative of such radio operators; Pacific Coast Marine Firemen, Oilers, Watertenders, & Wipers Association is the exclusive representative of such unlicensed personnel of the engine departments; and Marine Cooks & Stewards Association of the Pacific Coast is the exclusive representative of such unlicensed personnel of the ste`wards' departments, for the pur- poses of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.