Isthmian Steamship Company

National Labor Relations Board - Board DecisionsJul 24, 1939

13 N.L.R.B. 969 (N.L.R.B. 1939)

In the Matter Of ISTHMIAN STEAMSHIP COMPANY and MARINE Divi- SION, COMMERCIAL TELEGRAPHERS UNION , A. F. OF L. Case No. R-1409.-Decided July 04, 1939 Water Transportation Industry Investigation of Representatives : controversy concerning representation of employees : refusal by employer to bargain with union as exclusive representative of employees until certified by Board-Unit Appropriate for Collective Barga ining: all radio operators employed by the Isthmian Steamship Company ; agreement as to-Representatives : conflicting claims of two labor organizations ; Act will best be effectuated if the question concerning representation is resolved by an election-Election Ordered Mr. Georges Rose, for the Board. Mr. A. V. Cherbone ier, of New York City, for the Company. Mr. Charlton Ogburn, by Mr. C. C. Johnson, of New York City, for the C. T. U. Boudin, Cohn & Glickstein, by Mr. Sidney Elliot Cohn, of New York City, for the A. C. A. Mr. Ray Johnson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 24, 1939, Commercial Telegraphers Union, Marine Divi- sion, herein called the C. T. U., filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Isthmian Steamship Company, New York City, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 16, 1939, 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. 13 N. L. R. B., No. 102. 969 970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 26, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the C. T. U., and American Communications Association, herein called the A. C. A., a labor organization claiming to represent employees directly affected by the investigation. - Pursuant to the notice of hearing and notices of postponement, a hearing was held in New York City on June 20, 1939, before James C. Paradise, the Trial Examiner duly designated by the Board. The Board, the Company, the C. T. U., and the A. C. A. were repre- sented by counsel and participated in the hearing. Full opportunity to be heard, to examine and 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. On June 30, 1939, the A. C. A. filed with the Board a re- quest for oral argument before the Board. The request is hereby denied. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Isthmian Steamship Company, a New York corporation, has its principal office in New York City. The Company operates 27 vessels engaged in carrying freight and merchandise between the States of the United States and between the United States and foreign countries. We find that Isthmian Steamship Company is engaged in trade, traffic, transportation, and commerce among the several States and between the United States and foreign countries, and that the radio telegraphers employed by the Company are directly engaged in such trade, traffic, transportation, and commerce. II. THE ORGANIZATIONS INVOLVED Commercial Telegraphers Union, Marine Division, is a labor or- ganization affiliated with the American Federation of Labor. It admits to its membership all the radio telegraphers of the Company. Marine Division, American Communications Association, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to its membership all the radio telegraphers of the Company. ISTHMIAN STEAMSHIP COMPANY 971 III. THE QUESTION CONCERNING REPRESENTATION Since July 1938, the C. T. U. has requested the Company to bar- gain collectively with it for all the radio telegraphers. The Com- pany at all times refused to sign a contract with the C. T. U. as the exclusive representative of the radio telegraphers employed by the Company unless it was so certified by the Board. We find that a question has arisen concerning the representation of the radio telegraphers employed by Isthmian Steamship Company. The question which has arisen concerning representation tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. IV. THE APPROPRIATE UNIT All the parties to the proceeding agreed to the following stipula- tion : "It is agreed between all the parties that all radio operators employed by the Isthmian Steamship Company constitute a unit appropriate for the purpose of collective bargaining to insure to said employees the full benefit of their right to self-organization and to collective bargaining, and otherwise to effectuate the policies of the Act." We find that all the radio telegraphers I 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. V. THE DETERMINATION OF REPRESENTATIVES There was introduced in evidence at the hearing the pay-roll list of all the radio telegraphers employed by the Company as of June 15, 1939. This list bears the names of 27 employees in the appro- priate unit. In support of its claims, the C. T. U. introduced in evi- dence 27 membership cards and dues-record cards which showed that all members, except 3, had paid dues to the C. T. U. through March 1939. Twenty-six of the names that appear on the member- ship cards also appear on the Company's pay roll. A comparison of the signatures appearing on the cards with specimens of the em- ployees' signatures which were submitted by the Company shows that said signatures are genuine. The A. C. A., on the other hand, intro- duced in evidence five application cards for membership in the A. C. A. and three membership cards. There was a duplication as to one member. An official of the A. C. A. testified that this labor ' The terms "telegraphers" and "operators" are used interchangeably in this proceeding. 972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD organization represented a substantial number of the Company's em- ployees but that further documentary evidence of such membership was not available at the hearing. An examination of the application and membership cards which were submitted shows that four of the employees have signed cards in both labor organizations. The C. T. U. claims that it should be certified upon the proof of membership described above. The A. C. A., however, asserts that the true wishes of the employees may be determined only by means of an election by secret ballot. We are of the opinion that the poli- cies of the Act will best be effectuated if the question concerning rep- resentation which has arisen is resolved by an election? All the radio telegraphers employed by the Company as of June 15, 1939, including all on vacation as of that date, except those who have since voluntarily quit or have been discharged for cause, shall be eligible to participate in the election. We will direct that the elec- tion begin as promptly as practicable after the date of this Direction, under the supervision of the Regional Director for the Second Region who shall determine the exact time, place, and procedure for giving notices of election and for balloting. Upon 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. A question affecting commerce has arisen concerning the rep- resentation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the radio telegraphers of 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Isthmian Steamship Company, New York City, an election by secret ballot shall be conducted as soon as convenient and beginning 2 Matter of The Cudahy Pack4ng Company and United Packinghouse Workers of America, Local No. 21, of the Packinghouse Workers Organizing Committee , affiliated with the Congress of Industrial Organizations, 13 N. L. R B 525. ISTHMIAN STEAMSHIP COMPANY 973 as promptly as is practicable after the date of this Direction, in con- formity with the rules set forth hereinabove for the conduct of such election, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent of the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the radio telegraphers of Isthmian Steamship Company employed by the Company as of June 15, 1939, including those on vacation as of that date, except those who have since voluntarily quit or have been discharged for cause, to determine whether they desire to be represented by Marine Division, Commercial Telegraphers Union, A. F. of L., by Marine Division, American Communications Association, affiliated with the Congress of Indus- trial Organizations, or by neither, for the purposes of collective bargaining. MR. EDWIN S . SMITH , dissenting : It seems to me gratuitous for the Board to order an election in this case. Because of the absence of voters on voyages for considerable periods of time, an election on a steamship line is necessarily a protracted affair. The petitioning union has been seeking recognition from the employer for a year. Its records show the adherence of a very large majority in the appropriate unit. The rival union's claim to mem- bership, if deducted from the names included in the membership and dues records of the C. T. U., still leaves the C. T. U. an ample majority. There seems no reason why the employer here should not long since have recognized the petitioning union as the exclusive bargain- ing agent. By forcing it to seek certification from the Board, it has deprived the radio operators in its employ their legal bargaining rights for many months. The holding of an election needlessly adds to the. delay and by so much obstructs the purposes of the Act.