New York & Cuba Mail Steamship Co.

National Labor Relations Board - Board Decisions

Oct 5, 1938

9 N.L.R.B. 51 (N.L.R.B. 1938)

In the Matter of NEW YORK & CUBA MAIL STEAMSHIP COMPANY and
NATIONAL ORGANIZATION MASTERS, MATES AND PILOTS OF AMERICA
Case No. R-1003.-Decided October 5, 1938
Water Transportation Industry-Investigation of Representatives: contro
versy concerning Lepresentation of employees: rival organizations; refusal by
employer to recognize petitioning union as exclusive representative of employ-
ees because of previous certification by Board of rival union-Unit Appropriate
for Collective Bargaining: licensed deck officers, including the masters, of all
the vessels operated4hy the Company; prior decision of Board--Representatives:
proof of choice: union membership cards-Certification of Representatives,
upon proof of majority representation; unit not petitioned for certified by
Board.
Mr. Will Maslow , for the Board.
Burlingham , feeder, Clarke >self-orgauization-and to collective bargaining and otherwise effectuate
the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company employs a master, chief officer, second officer, third
Officer, and sometimes a junior third officer, all licensed deck officers,
on, each of its vessels. On June 17, 1938, the day before the petition
y-as filed herein, the Company employed 37 licensed deck officers,
incliuling plasters, and on August 23, 1938, less than a week before
the' hearing, the Company, employed 32 licensed deck, officers, in-
cluding masters. M. M. P. introduced and proved the authenticity of
membership cards for 23 of the licensed deck officers employed by the
Company on June 17, 1938, and August 23, 1938. These membership
cards were not questioned or controverted in any way and showed
that ,most, of the employees represented by M. M. P. within the `ap-
propriate unit did not become members of that organization until
a Matter of Black Diamond Steamship Corporation and Marine Engineers Beneficial Asso-
c ation, Local No. 33, 2 N L R. B. 241; Matter of Grace Line, Inc, and Panama Mail
Steamship Company and National Marine Engineers ' Beneficial -Assn., Local No. 33, 2
N. L. R B. 369. -
8 Matter of Standard Oil Company of New Jersey and United Licensed Officers of the
U S A,etal.8N L R B 936
54 NATIONAL LABOR RELATIONS BOARD
some time after the election which formed the basis for the previous
certification of U. L. O. as the bargaining representative of the li-
censed deck officers.4
We find that M. M. P. has been designated and selected by a major-
i ty of the employees in the appropriate unit as' their representative
for the purposes of collective bargaining. It is, therefore, the exclu-
sive representative of all the employees in such unit for the, purposes
of collective bargaining and we will so certify.
Upon the basis of the foregoing findings of fact, and upon the
entire record in the matter, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the New York and Cuba Mail 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. The licensed deck officers, including the masters, employed by
the New York and Cuba Mail Steamship 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
is the exclusive representative of all the employees in such unit for
the purposes of collective bargaining, 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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor-
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that National Organization Masters, Mates,
and Pilots of America has been designated and selected by a major-
ity of the licensed deck officers employed by the New York and Cuba
Mail Steamship Company, New York City, as their representative
for purposes of collective bargaining and that pursuant to the provi-
sions of Section 9 (a) of- the Act, National Organization Masters,
Mates, and Pilots of America 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.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision and Certification of Representatives.
See footnote 1, supra.