Luckenbach Steamship Co., Inc.

National Labor Relations Board - Board Decisions

Jan 6, 1940

19 N.L.R.B. 112 (N.L.R.B. 1940)

In the Matter of LUCKENBACH STEAMSHIP COMPANY, INC. and
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HAN-
DLERS, ExPRESS AND STATION EMPLOYEES, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Case No. C 1%44. Decided January 6, 1940
Shipping Indn4trp-Settlement: stipulation providing for compliance with the
Act, including reinstatement with back pas as to two persons, and recognition
of Union-Order: entered on stipulation.
Mr. Mark Lauter, for the Board.
Mr. Raymond E. Stephenson, of New York City, for the respondent.
Mr. Ray Johnson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Brotherhood of
Railway and Steamship Clerks, Freight Handlers, Express and
Station Employees, affiliated with the American Federation of Labor,
herein called the Union, the National Labor Relations Board, herein
called the Board, by the Regional Director for the Second Region
(New York City), issued its complaint on September 21, 1939; against
Luckenbach Steamship Company, Inc., New York City, herein called
the respondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce, within the
meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. Copies of the complaint and notice of hearing thereon were
duly served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that all clerical employees of the respondent employed
in its New York office, including telephone operators, but excluding
executives, supervisors, and department heads, constitute a unit ap-
propriate for the purposes of collective bargaining; (2) that on or
about April 12, 1939, and at all times thereafter, a majority of the
respondent's employees in the above-described unit had designated
the Union as their representative for the purposes of collective bar-
gaining, and that on April 12, 1939, and at all times since, the re-
19 N. L. R. B., No. 15.
112
LUCKENBACH STEAMSHIP COMPANY, INC. 113
spondent; although requested, refused to bargain with the Union as
the exclusive representative of all the employees in the appropriate
unit; (3) that on February 4 and June 15, 1939, respectively, the
respondent discharged and refused to reinstate Gerard E. Teasdale
and Jennie E. De Lanoy , and on March 4, 1939, transferred Helen
Hammarth from its New York office to its Brooklyn office and on
July 18 discharged the said Helen Hammarth, because they joined
and assisted the Union and engaged in concerted activities with
other employees of the respondent for the purposes of collective
bargaining and other mutual aid and protection; (4) that the re-
spondent urged, persuaded, and warned the employees in its New
York office to refrain from becoming or remaining members of the
Union, threatened said employees with discharge and other reprisals
if they became or remained members of the Union , kept under
surveillance the Union's- meetings, and by the foregoing and by other
acts interfered with, restrained , and coerced its employees in the
exercise of rights guaranteed in Section 7 of the Act.
On December 8, 1939, the respondent and counsel for the Board
entered into a stipulation in settlement of the case . This stipulation
provides as follows :
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between Lucken-
bach Steamship Company, Inc., hereinafter called the respond-
ent, and Mark Lauter, Attorney for the National Labor Relations
Board, as follows :
1. Upon the 4th amended charge duly filed July 20, 1939, by
J. R. Abbott, 169-11 89th Avenue, Jamaica, New York, Organi-
zer • and Representative of the Brotherhood of Railway and
Steamship Clerks, Freight Handlers, Express and Station Em-
ployees, affiliated with the American Federation of Labor, here-
inafter called the Union , the National Labor Relations Board,
by Elinore M. Herrick , Regional Director for the Second Region,
acting pursuant to' authority granted in Section 10 (b) of the
National Labor Relations Act, 49 Stat. 449, approved July 5,
1935, hereinafter referred to as the Act, and acting pursuant to
its Rules and Regulations, Series 2, Article IV, Section 1, issued
its complaint and notice of hearing on the 21st day of September,
1939 against the respondent.
2. Copies of the 4th amended charge, complaint and notice of
hearing thereon , and National Labor Relations Board Rules and
Regulations, Series 2, were duly served upon the respondent and
upon the Union on the 21st day of September , 1939, said hearing
being scheduled for 9 : 30 a. m. on October 9 , 1939 at 120 Wall
Street, 24th floor , New York, New York. On October 4, 1939,
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
notice of postponement of hearing was issued and duly served on
October 6, 1939 upon the respondent and upon the Union pro-
viding that the hearing was postponed and was to be continued
upon three (3) days notice.
3. Respondent is and has been since 1914 a corporation organ-
ized and existing under the laws of the State of Delaware, having
its principal office in the City of Wilmington, County of New
Castle, State of Delaware, and places of business at 120 Wall
Street, City, County and State of New York, hereinafter re-
ferred to as the New York office, and at the foot of 35th Street,
Borough of Brooklyn, City and State of New York, hereinafter
referred to as the Brooklyn office, and elsewhere in the United
States. Respondent is, and has been, engaged continuously at
said places of business in the operation of 22 vessels as common
carriers transporting mail, freight and passengers by water be-
tween ports in the State of New York and other states of the
United States and foreign countries. The said vessels of re-
spondent sail upon regular schedules and make scheduled stops
to take on and discharge mail, freight and passengers in all of
the major coastal ports in the United States. Respondent also
maintains offices in New Orleans, La.; Oakland, San Francisco,
and Los Angeles, Cal.; and Seattle, Wash., in which various
major port cities the respondent operates waterfront freight
terminals.
4. Respondent corporation is engaged in interstate commerce
within the meaning of the National Labor Relations Act.
5. Respondent is and was at all times mentioned in the above-
referred to complaint and at all times herein mentioned an em-
ployer within the meaning of Section 2, subdivision (2) of the
Act.
6. The Brotherhood of Railway and Steamship Clerks, Freight
Handlers, Express and Station Employees, affiliated with the
American Federation of Labor is a, labor organization within the
meaning of Section 2, subdivision (5) of the Act.
7. Respondent expressly waives the right to a hearing, to the
taking of testimony or other evidence before a Trial Examiner
in this matter and the making of findings of facts and conclu-
sions of law by the Board pursuant to the provisions of the Act.
8. This stipulation together with the above-mentioned 4th
amended charge, complaint, notice of hearing, notice of post-
ponement of hearing and copy of the National Labor Relations
Board Rules and Regulations, Series 2, together with the affi-
davits of service of the various papers mentioned in this para-
graph may be filed with the Chief Trial Examiner of the
National Labor Relations Board at Washington, D. C.
9. This entire stipulation is subject to the approval of the Na-
LUCKENBACH STEAMSHIP COMPANY, INC. 115
tional Labor Relations Board and an order of the National La-
bor Relations Board approving this stipulation, if issued, shall
become part of the record in the above-entitled matter. If this
stipulation shall not, be approved by the National Labor Rela-
tions Board, the stipulation and all of its parts shall be null and
void.
10. It is further stipulated and agreed that the complaint of
the National Labor Relations Board dated September 21, 1939,
in so far as it alleges that the respondent has discriminated with
respect to the hire and tenure of employment of Gerard E. Teas-
dale shall be dismissed.
11. It is further stipulated and agreed that upon the afore-
said 4th amended charge, complaint, notice of hearing, notice of
postponement and a copy of the National Labor Relations Board
Rules and Regulations, Series 2, together with the affidavits of
service of the various papers mentioned in this paragraph, and
upon this stipulation, if approved by the National Labor Rela-
tions Board, an Order may forthwith be made by said Board and
upon application by the Board, without further notice to the re-
spondent, the United States Circuit Court of Appeals for the
Second Circuit, or any other appropriate court as provided for
in Section 10 (e) of the Act may enter a decree enforcing said
Order of the Board, and that the respondent expressly waives
its right to contest the entry of such a decree. The Order re-
ferred to above shall provide that respondent and its officers,
agents, successors and assigns shall:
(1) Cease and desist from:
(a) In any manner interfering with, restraining or coercing
its employees in the exercise of their right to self-organization,
to form, join, or assist the Brotherhood of Railway and Steam-
ship Clerks, Freight Handlers, Express and Station Employees,
affiliated with the American Federation of Labor, or any other
labor organization, to bargain collectively through representa-
tives of their own choosing and to engage in concerted activities
for the purpose of collective bargaining or other mutual aid or
protection as guaranteed under Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
employees, affiliated with the American Federation of Labor, or
any other labor organization, by discrimination in regard to hire
or tenure of employment or conditions of employment;
(c) Refusing to bargain collectively with 'the Brotherhood
of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employees, affiliated with the American Federation
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Labor through its designated agents, as the exclusive repre-
sentative in the New York office of the respondent, of all the
clerical employees, exclusive of executives, supervisors, depart-
ment heads, private secretaries, traffic managers and assistants,
solicitors, ledger clerk, claim clerk, auditor, freight cashier, New
York office cashier and east-bound agent, but including telephone
operators, in respect to rates of pay, wages, hours of employment
and other conditions of employment.
(2). Take the following affirmative action to effectuate the
policies of the Act :
(a) Offer to Jennie E. De Lanoy and Helen Hammarth imme-
diate and full reinstatement to the positions they held at the
time of their discharge without prejudice to their seniority or
other rights and privileges.
(b) Make whole Jennie E. De Lanoy and Helen Hammarth
for any losses of pay they may have suffered as a result of their
discharge by the payment to Jenny De Lanoy of the sum of
$500 and to Helen Ma.mmarth of the sum of $300.
(c) Upon request bargain collectively with the Brotherhood
of Railway and Steamship Clerks, Freight Handlers, Express
and Station employees, affiliated with the American Federation
of Labor, through its designated agents, as the exclusive repre-
sentative in the New York office of the respondent, of all the
clerical employees, exclusive of executives, supervisors,, depart-
ment heads, private secretaries, traffic managers and assistants,
solicitors, ledger clerk, claim clerk, auditor, freight cashier, New
York office cashier and east-bound agent, but including telephone
operators, in respect to rates of pay, wages, hours of employ-
ment and other conditions of employment, and, in the event that
an agreement is reached, execute a written contract with the
Brotherhood of Railway and Steamship Clerks, Freight Han-
dlers, Express and Station -Employees, affiliated with the Amer-
ican Federation of Labor, embodying the terms of such
agreement, if requested to do so.
(d) Post immediately in conspicuous places at their places of
business located at 120 Wall Street, City, County and State of
New York, and at the foot of 35th Street, Brooklyn, City and
State of New York, and maintain for a period of at least
(30) consecutive clays notices to its employees stating:
(1) That the Board issued this order;
(2) That the respondent will comply therewith;
(3) That the respondent will, upon request, bargain with
the Brotherhood of Railway and Steamship Clerks, Freight
Handlers, Express and Station Employees, affiliated with
the American Federation of Labor, through its designated
LUCKENBACH STEAMSHIP COMPANY, INC. 117
agents, as the exclusive representative in the New York office
of the respondent, of all the clerical employees, exclusive of
executives, supervisors, department heads, private secretaries,
traffic managers and assistants, solicitors, ledger clerk, claim
clerk, auditor, freight cashier, New York office cashier and
east-bound agent, but including telephone operators, in re-
spect to rates of pay, wages, hours of employment and other
conditions of employment.
(e) File with the Regional Director for the Second Region
within ten (10) days after service of this Order by the Board
upon the respondent a report setting forth in detail the manner
and form in which the respondent has complied with the terms
of this Order.
AND IT IS FURTHER ORDERED that the complaint of the National
Labor Relations Board, dated September 21, 1939, in so far as
it alleges that the respondent has discriminated with respect to
the hire and tenure of employment of Gerard E. Teasdale, be
and it is hereby, dismissed.
12. It is further stipulated and agreed that the entire agree-
went between the parties is contained within the terms of this
stipulation, and there is no verbal agreement of any kind which
varies, alters or adds to said stipulation in any respect.
On December 15, 1939, the Board issued its order approving the
above stipulation, making it part of the record, and transferring the
proceeding to the Board for the purpose of a decision and order by
the Board.
. Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Luckenbach Steamship Company, Inc., a Delaware corporation,
has its principal office at Wilmington, Delaware, and its principal
places of business at New York City and Brooklyn, New York. The
respondent also maintains offices and operates freight terminals at
New Orleans, Louisiana; Oakland, San Francisco, and Los Angeles,
California; and Seattle, Washington.
The respondent operates 22 ocean-going vessels as common car-
riers transporting mail, freight, and passengers between ports in the
State of New York and other States of the United States and foreign
countries. The vessels sail upon regular schedules and make sched-
uled stops at all the major coastal ports in the United States in order
to take on and discharge mail, freight, and passengers. The respond-
283030-41-vol. 10--9
118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ent admits that it is engaged in commerce, within the meaning of
the Act.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, transportation, and commerce among the
several States.
ORDER
Upon the basis of the above findings of fact and stipulation, and
pursuant to Section 10 (c) of the National Labor Relations Act, the
National Labor Relations Board hereby orders that Luckenbach
Steamship Company, Inc., New York City, its officers, agents, suc-
cessors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their right to self-organization, to form,
join, or assist the Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employees, affiliated with
the American Federation of Labor, or any other labor organization,
to bargain collectively through representatives of their own choosing
and to engage in concerted activities for the purpose of collective
bargaining or other mutual aid and protection as guaranteed under
Section 7 of the National Labor Relations Act;
(b) Discouraging membership in the Brotherhood of Railway and
Steamship Clerks, Freight Handlers, Express and Station Employees,
affiliated with the American Federation of Labor, or any other labor
organization, by discrimination in regard to hire or tenure of employ-
ment or conditions of employment;
(c) Refusing to bargain collectively with the Brotherhood of
Railway and Steamship Clerks, Freight Handlers, Express and Sta-
tion Employees affiliated with the American Federation of Labor
through its designated agents, as the exclusive representative in the
New York office of the respondent, of all the clerical employees,
exclusive of executives, supervisors, department heads, private secre-
taries, traffic managers and assistants, solicitors, ledger clerk, claim
clerk, auditor, freight cashier, New York office cashier and east-
bound agent, but including telephone operators, in respect to rates
of pay, wages, hours of employment and other conditions of
employment.
2. Take the following affirmative action to effectuate the policies
of the Act : -
(a) Offer to Jennie E. De Lanoy and Helen Hammarth immediate
and full reinstatement to the positions they held at the time of their
discharge without prejudice to their seniority or other rights and
privileges ;
(b) Make whole Jennie E. De Lanoy and Helen Hammart.h for any
losses of pay they may have suffered as a result of their discharge by
LUCKENBACH STEAMSHIP COMPANY, INC. 119
the payment to Jennie De Larioy of the sum of $500 and to Helen
Hammarth of the stun of $300;
(c) Upon request bargain collectively with the Brotherhood of
Railway and Steamship Clerks, Freight Handlers, Express and Sta-
tion Employees, affiliated -with the American Federation of- Labor,
through its designated agents, as the exclusive representative in the
New York office of the respondent, of all the clerical employees, ex-
elusive of executives, supervisors, department heads, private secre-
taries, traffic managers and assistants, solicitors, ledger clerk, claim
clerk, auditor, freight, cashier, New York office cashier and east-
bound agent, but including. telephone operators, in respect to rates
of pay, wages, hours of employment and other conditions of employ-
ment, and, in the event that- an agreement is reached, execute a written
contract with the Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employees, affiliated with
the American "Federation of Labor, ' embodying the terms of such-
agreement, if requested to do so; -
(d)' Post immediately in conspicuous places at their places of
business located at 120 Wall Street, City, County and State of New
York, and at the foot of 35th Street, Brooklyn, City' and" State of
New York, and maintain for a period of at least thirty (30) consecu-
tive days notices to its employees stating :
(1) That the Board -issued this order;'
(2) That the respondent will comply therewith;
(3) That the respondent will, upon request, bargain with the
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employees, affiliated with the American Federa-
tion of Labor, through its designated agents, as the.exclusive repre-
sentative in the New York office of the respondent, of all the clerical
employees, exclusive of executives, supervisors, department heads,
private secretaries, traffic managers and assistants, solicitors, ledger
clerk, claim clerk, auditor, freight cashier, New York office cashier
and east-bound agent, but including telephone operators, in respect
to rates of pay, wages, hours of employment and other conditions of
employment ;
(e) File with the Regional Director for the Second Region within
ten (10) days after service of this Order by the Board upon the
respondent a report setting forth in detail the manner and form in
which the respondent has complied with the terms of this Order.
AND IT IS FURTHER ORDERED that the complaint in so far as it . alleges
that the respondent has discriminated with respect to the hire and
tenure of employment of Gerard E. Teasdale, be, and it hereby is,
dismissed.