Isthmian Steamship Co.

National Labor Relations Board - Board Decisions

Mar 10, 1942

39 N.L.R.B. 654 (N.L.R.B. 1942)

In the Matter Of ISTHMIAN STEAMSHIP COMPANY and NATIONAL
ORGANIZATION MASTERS, MATES AND PILOTS OF AMERICA, A. F.
OF L.
Case No. R-8587.-Decided March 10, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. David Schatzow, for the Board.
Kirlin, Campbell, Hickox, Keating & McGrann, by Mr. A. V.
Cherbonnier, of New York City, for the Company.
Mr. H. Martin, of New York City, for the Union.
Miss Melvern Krelow, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On May 7, 1941,' National Organization Masters, Mates and Pilots
of America, A. F. of L., herein called the Union, filed with the Regional
Director for the Second Region (New York City) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Isthmian Steamship Company, New York
City, herein called the Company, engaged in interstate and foreign
shipping, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On June 5,.1941, the Com-
pany, the Union, and the Board entered into a "STIPULATION
FOR CERTIFICATION UPON CONSENT ELECTION." On
June 11, 1941, 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 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing on due notice.
Pursuant to the Stipulation, an election by secret ballot was com-
menced on June 24, ,1941, and completed on Febuary 4, 1942, among
all licensed deck officers excluding masters employed on vessels owned
and operated by the Company, to determine whether or not said
employees desire to be represented by the Union. On February 17,
1942, the Regional Director issued and duly served upon the parties
her Election Report on the ballot.
39 N. L. R. B.. No. 122.
654
ISTHMIAN STEAMSHIP COMPANY 655
No objections to the conduct of the ballot or the Election Report
have been filed by any of the parties.
In her Election Report the Regional Director reported as follows
concerning the balloting and its results: I _
Total on eligibility list______________________---------------------- ------ -------- 97
Total ballots cast_________________________________________ 85'
Total ballots challenged___________________________________ 1
Total blank ballots___________________________________ None
Total void ballots______________________________________ None
Total valid votes counted__________________________________ 84
Votes cast for National Organization Masters, Mates and
Pilots of America , A. F. of L____________________________ 70
Votes cast against aforementioned union_______ ______________ 14
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Isthmian Steamship Company, New York
City, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All licensed deck officers excluding masters employed on vessels
owned and operated 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.
3. National Organization Masters, Mates and Pilots of America,
A. F. of L., has been designated and selected by a majority of the
employees in the above unit as their representative for the purposes
of collective bargaining, and is the exclusive representative of all
employees in said unit, within the meaning of Section 9 (a) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES ,
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,
IT IS HEREBY CERTIFIED that National Organization Masters, Mates
and Pilots of America, A. F. of L., has been designated and selected
by a majority of all licensed deck officers excluding masters employed
on vessels owned and operated by Isthmian Steamship Company,
New York City, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (a) of the-Act, National
Organization Masters, Mates and Pilots of America, A. F. of L., is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
448105-42-vol. 39-43