International Freighting Corp., et al.

National Labor Relations Board - Board Decisions

Aug 5, 1938

8 N.L.R.B. 818 (N.L.R.B. 1938)

In the Matter Of INTERNATIONAL FREIGHTING CORP., et al. (LYKEs
BROTHERS STEAMSHIP COMPANY) INO.) and INTERNATIONAL SEAMEN'S
UNION OF AMERIOA
Case No. R-159
SUPPLEMENTAL DECISION
AND
ORDER
August 5, 1938
On September 17, 1937, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in
the above-entitled case. On November 10, 1937, the Board issued an
Amendment to Decision and Direction of Elections.2 The Direction
of Elections, as amended, directed that elections by secret ballot be
conducted among the unlicensed seamen, except wireless and radio
operators, chief electricians on electrically driven ships, and junior
engineers who hold licenses, employed on all type of craft operated
in or out of Atlantic and Gulf ports, except craft operated in harbors
only, by several named companies, including Lykes Brothers Steam-
ship Company, Inc., New Orleans, Louisiana.
On March 22, 1938, Elinore Morehouse Herrick, the Regional Direc-
tor for the Second Region (New York City), acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, issued and duly served upon
the parties an Intermediate Report on an election conducted among
the employees of Lykes Brothers Ripley Steamship Company, Inc.
pursuant to a Decision and Direction of Elections in Matter of Amer-
ican France Line et al., issued by the Board on July 16, 1937.3 The
Regional Director in her Intermediate Report stated that the seven
vessels 4 formerly owned and operated by Lykes Brothers Steamship
Company, Inc. had been transferred on or about June 1, 1937, to
Lykes Brothers Ripley Steamship Company, Inc., and therefore had
been balloted pursuant to the Direction of Elections of July 16, 1937.
13 N. L . R. B. 692.
a 4 N. L. R. B. 111.
3 3 N. L. R. B. 64.
4 S. S. Margaret Lykes, Talltie Lykes, Stella Lykes, Elmira Lykes, Genevieve Lykes, Velma
Lykes, and Ruth Lykes.
8 N. L. It. B., No. 98.
818
DECISIONS AND ORDERS 819
It further appears from the Intermediate Report that the findings
made by the Regional Director were based upon a tabulation of all
the ballots cast, including the ballots from the vessels theretofore
operated by Lykes Brothers Steamship Company, Inc. Based upon
the balloting and its results, the Board on April 13, 1938, certified
National Maritime Union of America, affiliated with the Committee
for Industrial Organization, as the exclusive representative of the
unlicensed personnel, with certain named exceptions, employed on
the vessels operated out of Atlantic and Gulf ports by Lykes Brothers
Ripley Steamship Company, Inc., New Orleans, Louisiana.5
For the reasons set forth above, the petition for investigation and
certification of employees of Lykes Brothers Steamship Company,
Inc. will be dismissed.
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 1, as amended, it is
ordered that the petition for investigation and certification of repre-
sentatives of employees of Lykes Brothers Steamship Company, Inc.,
filed by International Seamen's Union of America, be, and it hereby is,
dismissed.
6 ON. L R. B. 557.
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