Inter-Island Steam Navigation Co., Ltd.

National Labor Relations Board - Board Decisions

Aug 11, 1941

34 N.L.R.B. 132 (N.L.R.B. 1941)

In the Matter of INTER-ISLAND STEAM NAVIGATION COMPANY, LIMITED
and THE PACIFIC COAST MARINE FIREMEN, OILERS, WATERTENDERS
AND WIPERS ASSOCIATION
In the Matter Of INTER-ISLAND STEAM NAVIGATION COMPANY, LIMITED
and MARINE COOKS' AND STEWARDS' ASSOCIATION OF THE PACIFIC
COAST (CIO)
Cases Nos . R-2700 and R2701.Decided August 11, 1941
Jurisdiction : water transportation industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to petitioning unions ; elections necessary.
Units Appropriate for Collective Bargaining : departmental units comprising:
(1) all unlicensed employees in the engine-room department of the Company's
ships; and (2) all employees in the stewards department of the Company's
ships, including second stewards, stewardesses, and the chief stewards on
the smaller vessels, but excluding the chief stewards on the larger vessels.
Stanley, Vitousek, Pratt & Wine, by Mr. Montgomery E. Winn, of
Honolulu, T. H., for the Company.
Mr. Stanley Mish and Mr. Basil Mayo, of Honolulu, T. H., for the
Firemen and Oilers.
Mr. Rudolph Eskovitz, of Honolulu, T. H., for the Cooks and
Stewards.
' Mr. George Turitz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On February 5, 1941, The Pacific Coast Marine Firemen, Oilers,
Watertenders and Wipers Association, herein called the Firemen
and Oilers,l filed with the Regional Director for the Twentieth
Region (San-Francisco, California) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of Inter-Island Steam Navigation Company, Limited,
Honolulu, Territory of Hawaii, herein called the Company, and
' The Firemen and Oilers was designated in the caption of the notice of hearing as
Pacific Coast Marine Firemen, Oilers, Watertenders S. Wipers Assn.
34 N. L. R. B, No. 22.
132
INTER-ISLAND STEAM NAVIGATION CO. 133
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On March 5 and April 10, 1941, respec-
tively, Marine Cooks' and Stewards' Association of the Pacific Coast,
herein called the Cooks and Stewards,2 filed with the Regional
Director a petition and an amended petition alleging that a question
affecting commerce had arisen concerning the representation -of em-
ployees of the Company and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the Act. On
April 30, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Sections 3 and 10 (c) (2), of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing on due notice, and further ordered that the
cases be consolidated.
On June 13, 1941, the Regional Director issued a notice of con-
solidated hearing, copies of which were duly served upon the Com-
pany, the Firemen and Oilers, and the Cooks and Stewards. Pur-
suant to notice, a hearing was held on July 1, 1941, at Honolulu,
Territory of Hawaii, before Arnold L. Wills, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company was
represented by counsel, and the Firemen and Oilers and the Cooks
and Stewards by their representatives; all parties participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon 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.
On the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Inter-Island Steam Navigation Company, Limited, is a Hawaiian
corporation, having.its principal place of business in Honolulu, Ter-
ritory'of Hawaii. It is engaged in transporting passengers, freight,
and mail by water between the larger islands comprising the Terri-
tory of Hawaii, operating terminal wharves and facilities, a dry-
z The Cooks and Stewards was designated in the caption of the notice of hearing as
Marine Cooks' & Stewards' Assn. of the Pacific Coast (CIO).
451269-42-vol 34-10
134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dock and repair plant, and a hotel. The Company owns and operates
six passenger-freight vessels, one of which 3 is used solely as a relief
vessel and is usually out of service, and another of which 4 runs on
a regular schedule during the summer months but during the balance
of the year is maintained as a relief vessel. The Company also owns
and operates a motorship which is engaged in carrying freight only.'
During the year 1940, the Company's fleet carried 216,513 tons of
freight, 18,099 head of livestock, and 158,328 passengers . On June
1, 1941, the Company had 851 employees, including executives.
We find' that the Company is engaged in trade, traffic, commerce,
and transportation within the Territory of Hawaii and that the un-
licensed personnel employed by the Company on its said vessels are
directly engaged in such trade, traffic, commerce, and transportation.
II. THE ORGANIZATIONS INVOLVED
The Pacific Coast Marine Firemen, Oilers, Watertenders and
Wipers Association is an unaffiliated labor organization. It admits
to membership employees of the Company.
Marine Cooks' and Stewards' Association of the Pacific Coast is
a labor organization affiliated with the Congress of Industrial Organ-
izations. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 16, 1941, the Firemen and Oilers wrote to the Com-
pany claiming to represent the unlicensed personnel in the engine-
room department, offering to prove its majority, and requesting a
conference. The Company replied on January 20, 1941, that Inland
Boatmen's Union of the Hawaiian Islands, herein called the I. B. U.,6
was the exclusive representative of its unlicensed personnel, and it
therefore declined to make further reply to the Firemen and Oilers'
request.,'
On or about February 26, 1941, the Cooks and Stewards requested
the Company to recognize it as bargaining representative of the
employees in the stewards department. The Company informed the
Cooks and Stewards that it would not so recognize said organization
until it had been certified by the Board.
3 S S. Kilauea.
IS S. Haleakala
'The Company owns several additional ships which are chartered to other operators
and are not involved in the present proceeding
0 In its letter the Company referred to "Inland Boatmen 's Union " It is apparent from
the record, however, that the organization referred to was Inland Boatmen's Union of the
Hawaiian Islands
The Company 's regulations with the I . B. U. ale discussed in Section VI, infra.
ISVT B-IS!GAATD &R'EAM NAVIGAUON 00. 135
Both organizations submitted- to the Board's Field Examiner evi-
dence of substantial membership among the Company's employees.8
We find that questions have arisen concerning the representation
of employees of the Company.
IV. THE APPROPRIATE UNIT
The Firemen and Oilers contends that the unhcensect personnel
in the engine-room department of the Company's ships constitute,
an appropriate unit. The Cooks and Stewards contends that all
employees in the stewards department of the Company's ships, in-
cluding stewardesses, the chief stewards of the smaller vessels,9 and
all second stewards, but excluding the chief stewards on the larger
vessels,10 constitute an appropriate unit. The Company contends
that the entire unlicensed personnel in the engine-room, stewards,
and deck departments, excluding stewardesses, second stewards, and
the chief stewards on all the ships, constitute a single appropriate
unit." On June 1, 1941, the Company had 132 unlicensed employees
in the deck department, 36 in the engine-room department, and about
80 in the stewards department.
In April and May 1938 a majority of the Company's unlicensed
employees in the deck department, in the engine-room department,
and in the stewards department, respectively, designated the I. B. U.
as their representative for collective bargaining.- Thereafter the
Company reached an agreement as to wage rates and working con-
ditions with the I. B. U. as the exclusive representative of the em-
ployees in the following unit:
All unlicensed employees in all departments on vessels operated
by the Company other than tugs, harbor tugs and barges and
8 The Firemen and Oilers submitted 43 membership applications , 20 of which bore the
signatures of persons on the Company' s pay roll of June 1, 1941, which listed 36 unlicensed
employees in the engine room. Twenty-eight applications were dated betw een November
1940 and March 1941, 11 were dated in June 1941, and 4 were undated
The Cooks and Stewards submitted 39 membership application cards bearing the signa-
tures of persons on the Company's pay roll of June 1, 1941. It also submitted its official
dues receipt book, showing the names of 10 additional persons listed on the Company's
pay roll of June 1, 1941. Approximately 81 persons were employed in the stew ards de-
partment on June 1 , 1941 The application cards were all dated between February and
May 1941
8 S S llumuula and S S . Ilawaii.
10 S S Waialeale , S S Ifualalai, and, when running, S S Ifalealcala.
11 In addition to the employees on the five ships mentioned above the parties desired to
include employees on the S S Kalae
12 The I. B. U. was designated by a majority of the unlicensed deck department em-
ployees in a consent election in which the I B U. and Sailors ' Union of the Pacific ap-
peared on the ballot, and which was won decisively by the former. The I. B. U. was
designated by a majority of the unlicensed engine-room department employees in a consent
election , participated in by the I. B U and the Firemen and Oilers, which was likewise
won decisively by the I. B U An agent of the Board checked authorization cards signed
by employees in the stewards department against a pay roll of the Company and there-
after informally certified to the Company that 40 of the 55 employees in that department
had designated the I . B U. as their bargaining representative
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excluding pursers, assistant pursers, freight clerks, radio op-
erators, chief stewards, second stewards, stewardesses and those
having the right to hire and fire.
Such unit is the same as that which the Compai y now contends is
appropriate. The agreement was reduced to writing and carried
out by the Company as part of its policy to the extent that it was
able, but for reasons not here material the agreement was not executed.
Subsequently the I. B. U. ceased its activity. For 1 or 2 years prior
to the hearing it held-no meetings and collected no dues. Although
a number of deck-department employees appear to consider them-
selves members of the I. B. U., they maintain no organization and
have not requested recognition for the purpose of collective bar-
gaining. The last elected president and secretary-treasurer of the
I. B. U. informed the Board's Field Examiner that the I. B. U.
would not desire to intervene in the case.
The Firemen and Oilers and the Cooks and Stewards have written
agreements with a number of shipping companies recognizing them
as the exclusive bargaining representatives for unlicensed engine-
room-department employees and stewards-department' employees,
respectively.
In view of the present state of organization among the Company's
employees and among the employees of other shipping companies as
shown by the record, we are of the opinion, and we find, that the
departmental units are appropriate.
The Company employs the following employees in the stewards
department: chief stewards, second stewards, cooks, pantrymen, bar
boys, messmen, waiters, stewardesses, and stewards' helpers. Most of
the waiters act also as room stewards, no room stewards being employed.
Only two stewardesses are employed, both practical nurses by profes-
sion. Their primary duties are to minister to the needs of sick and
injured passengers and crew members, particularly the women and
children among the former. They do not make up rooms or serve
food. The waiters occasionally assist passengers who are ill. One
of the stewardesses testified that she did not desire to be included in
the same unit with the other employees in the stewards' department
because she did not think it desirable for a nurse to belong to a labor
organization. Although the stewardesses and the other employees in
the stewards department have duties substantially different in nature,
together they constitute the group of employees who minister directly
to the personal needs 'of passengers. In view of this fact, and of the
small number of stewardesses employed, we think that they should be
included in the unit with the other employees of the stewards
department.
On each of its larger vessels the Company employs a chief steward
and second steward. The chief stewards transmit orders to the sec-
INtrEIR-ISLAND STTEIAM NAVIGIAT'P0N CO. 137
and stewards, who in turn transmit them to the other employees.
Occasionally the second stewards act as chief stewards in the absence
of the regular chief stewards. One second steward testified that this
had happened three times during the 2 years in which he was employed
as second steward. On the 'smaller vessels no second stewards are
employed and the chief stewards perform the functions which on the
larger vessels are performed by both the chief stewards and the second
stewards. They are in closer contact with the other employees in the
department than the chief steward on the larger vessels, giving orders
directly to those who are to carry them out, and they have less re-
sponsibility. We think that the chief stewards on the smaller vessels
and the second stewards should be included in the unit with the other
employees of the stewards department.
We find that all unlicensed employees in the engine-room department
of the Company's ships constitute a unit appropriate for the purposes
of collective bargaining. We find that all employees in the stewards
department of the Company's ships, including second stewards, stew-
ardesses, and the chief stewards on the smaller vessels, but excluding
the chief stewards on the larger vessels,ls constitute a unit appropriate
for the purposes of collective bargaining. We further find that each
of said units will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act. -
V. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot.
We shall direct that the elections be conducted as soon as convenient
and beginning as promptly as is practicable after the date of this
Decision and Direction of Elections, under the direction and super-
vision of the Regional Director, who shall determine in her discretion,
or in the discretion of her agent, the exact time, place, and procedure
for posting notices of election and for balloting on each ship, provided,
however, that each vessel shall 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
prior to the port where balloting is conducted, or, in the event
the vessel is to be posted and voted in the same port without an inter-
vening trip, at least 48 hours before balloting is conducted.
We shall direct that the employees eligible to vote in the respective
elections shall be all those in the respective appropriate units whose
names appear on the Company's pay roll for the period immediately
preceding the date of this Decision and Direction of Elections, subject
13 See footnotes 9, 10, and 11, supra
138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to such limitations and additions as are set forth in the Direction
hereinafter.
On the basis of the above findings of fact and upon the entire record
in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Inter-Island Steam Navigation Company,
Limited, Honolulu, Territory of Hawaii, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All unlicensed employees in the engine-room department-of the
Company's ships constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. All employees in the stewards department of the Company's
ships, including second stewards, stewardesses, and the chief stewards
on the smaller vessels, but excluding the chief stewards on the larger
vessels, constitute a unit appropriate for the purposes of collective
bargaining.,
DIRECTION OF ELECTIONS
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 2, as amended, it is
hereby
Dn EcTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Inter-Island Steam Navigation Company, Limited, Honolulu,
Territory of Hawaii, elections by secret ballot shall be conducted as
soon as convenient and beginning as promptly as practicable after the
date of this Direction of Elections, in conformity with the conditions
set forth in Section V, above, under the direction and supervision of
the Regional Director for the Twentieth 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 employees
in the following groups :
1. All unlicensed employees employed in the engine-room, depart-
ment of the ships of the Company during the pay-roll period imme-
diately preceding the date of this Direction of Elections, including
employees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding those employ-
PINT1TER-ISLAND ISTEIAM NAVIGATION CIO. 139
ees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by The Pacific Coast
Marine, Firemen, Oilers; Watertenders and Wipers Association, for
the purposes of collective bargaining; and
2. All employees employed in the stewards department of the ships
of the Company during the pay-roll period immediately preceding
the date of this Direction of Elections, including second stewards,
stewardesses, chief stewards on smaller vessels, and employees who did
not work during such pay-roll period because they were ill or on vaca-
tion or in the active military service or training of the United States,
or temporarily laid off, but excluding the chief stewards on the larger
vessels and those employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Marine Cooks' and Stewards' Association of the Pacific Coast
(CIO), for the purposes of collective bargaining.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of the
above Decision and Direction of Elections.