North American Motorship Co., Inc.

National Labor Relations Board - Board Decisions

Oct 19, 1940

27 N.L.R.B. 962 (N.L.R.B. 1940)

In the Matter of NORTH AMERICAN MOTORSHIP COMPANY, INC. avui,
,
NATIONAL MARITIME UNION OF AMERICA
Case No. R-0076-Decided October 19, 1940
Jurisdiction : water transportation industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union and request that certification be obtained ;
employees who are employed on vessels when it is posted and who are still so
employed at time balloting takes place , eligible to vote ; election necessary.
Unit Appropriate for Collective Bargaining : unlicensed personnel in the deck,
engine, and stewards ' departments , except wireless and radio operators.
Mr. A. V. Cherbonnier, of New York City, for the Company.
Mr. William L. Standard, by Mr. Max Lustig, of New York City, for
the N. M. U.
Mr. Robert F. Koretz, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 14, 1940, National Maritime Union of America, herein
called the N. M. U., filed a petition with the Regional Director for the
Second Region (New York City) alleging that a question affecting
commerce had arisen concerning the representation of employees of
North American Motorship Company, Inc., New York City, herein
called the Company, and requesting an investigation and certification-
of representatives pursuant to Section,9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On March 15, 1940, the
National Labor Relations Board, herein called the Board, acting pur-
suant 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 con-
duct it and to provide for an appropriate hearing upon due notice.
On September 23, 1940, the Regional Director issued a notice of
hearing, copies of which, together with copies of the petition, were
duly served upon the Company and upon the N. M. U. Pursuant to
the notice, and to notice of advancement of hearing duly issued and
27 N. L. R. B., No. 160.
962
NORTH AMERICAN MOTORSHIP COMPANY, INC. 963
served upon the parties, a hearing was held on October 2, 1940, at
New York City, before Millard L. Midonick, the Trial Examiner duly
designated by the Board. The Company and the N. M. U. appeared,
were represented by counsel, and participated in the hearing.' Full
opportunity to be heard, to examine and cross-examine witnesses, and'
to introduce evidence bearing on the issues was afforded all parties.
Dui ing the course of the hearing the Trial Examiner ruled on an objec-
tion to the admission of evidence. The Board has reviewed the ruling
of the Trial Examiner and finds that no prejudicial error was com-
mitted. The ruling is hereby affirmed. -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
North American Motorship Company, Inc., a New York corporation
with its principal office in New York City, is engaged in the business
of transporting cargo for hire by vessel between the United States
and foreign countries. In connection with its business the Company
operates one vessel, the Brooklyn Heights, which it owns. The un-
licensed personnel employed on this vessel are 14 in number. The
Company admits that it is engaged in foreign commerce within the
meaning of the Act. We find that the Company is engaged in trade,
traffic, commerce, and transportation between the United States and
foreign countries, and that the unlicensed personnel employed by the
Company on its vessel are directly engaged in such trade, traffic, com-
inerce, and transportation.
H. THE ORGANIZATION INVOLVED
National Maritime Union of America is a labor organization affili-
ated with Congress of Industrial Organizations, a labor organization,
admitting to membership unlicensed personnel employed in the deck,
engine, and stewards' departments of the vessel operated by the
Company. -
III. THE QUESTION CONCERNING REPRESENTATION
On September 19, 1940, the N. M. U. requested the Company to bar-
gain collectively with it-as the exclusive representative of unlicensed
personnel employed by the Company. The Company refused and con-
tinues to refuse to grant recognition or otherwise bargain collectively
' There was introduced in evidence a letter from Seafarers ' Inteinational Union of
North America to an agent of the Board , dated September 25, 1940, stating that said
organization did not intend to intervene or participate in the instant proceedings.
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the N. M. U. as the statutory representative of its employees unless
and until the N. M. U. be certified by the Board as such representative.
At the hearing there was introduced in evidence a report prepared
by the Regional Director showing that a substantial number of em-
ployees in the unit hereinafter found to be appropriate have designated
the N. M. U. as their representative for the purposes of collective
bargaining.2
We find that a question has arisen concerning the representation
of employees of the Company and that such question tends to lead to
labor disputes burdening and obstructing'commerce and the free flow
of commerce.
IV. THE APPROPRIATE UNIT
The N. M. U. and the Company agreed, and we find, that the un-
licensed personnel employed on the Company's vessel, Brooklyn
Heights, in the deck, engine, and stewards' departments, except wire-
less and radio operators, constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to the employees
of the Company the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. We shall direct
that an election on the Company's vessel shall be conducted as soon as
convenient and beginning as promptly as is practicable after the date
of this Direction of Election, under the direction and supervision of
the Regional Director, who shall determine in her discretion the exact
time, place, and procedure for posting notices of election and for bal-
loting on the vessel, provided, however, that the vessel will be posted
with a notice of election, a sample ballot, a list of employees eligible
to vote, and a notice of the time and place where balloting will be
conducted, at some port of call in the United States prior to the port
where balloting is conducted, or, in .the event the vessel is to be posted'
and voted, in the same port without an intervening "trip; '-at -least 48
hours before balloting is conducted.
The Company contends that eligibility to vote in the election should
be determined by employment on the vessel operated by the Company
2 The Regional Director reported that the N M U had submitted to her a petition dated
August 9, 1940. bearing 13 apparently genuine signatures,' in which the signers desig-
nated the N M U. as their representative for the purposes of collective bargaining ; that 11
of the said 13 signatures appear to be those of unlicensed personnel whose names ate
on the shipping articles for the second voyage of the Bi ooklyn Ilciglots , which began on
or about August 14, 1940 ; and that the names of 14 persons appear on the said shipping
articles as unlicensed personnel.
NORTH AMERICAN, MOTORSHIP COMPANY, INC: 965
when it is posted and are still so employed at the time balloting takes
place. The N. M. U. contends that employment by the Company on
August 14, 1940, the date the petition was filed, also should be a factor
in. determining eligibility. Counsel for the Company testified without
contradiction that at the time of the hearing the Company employed
less than 50 per cent of the unlicensed personnel who were employed
by the Company on August 14, 1940. Under the circumstances we sea
no reason for varying from our customary practice in similar cases,!
and, accordingly, we shall direct that eligibility to vote in the election
shall be limited to employees within the appropriate unit who are
employed on the Company's vessel when it is posted and who are still
so employed at the time balloting takes place.
Upon the basis of the foregoing 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 repre-
sentation of employees of North American Motorship Company, Inc.,
New York City, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All the unlicensed personnel on the Company's vessel, Brooklyn
Heights, employed in the deck, engine, and stewards' departments, ex-
cept wireless and radio operators, 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 Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
determine representatives for the purposes of collective bargaining
with North American Motorship Company, Inc., New York City, an
election by secret ballot shall be conducted as soon as convenient and
beginning as promptly as practicable after the date of this Direction
of Election in conformity 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 for the National Labor Relations Board, and subject to Article
III,, Section 9, of said Rules and Regulations, among all the unlicensed
• See, e. g., Matter of American France Line, at at. and International Seamen's Union
of America, 3 N. L. R. B. 64. 1
966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
personnel employed on the Company's vessel Brooklyn Heights in the
deck , engine, and stewards ' departments , except wireless and radio op-
erators, at-the time the vessel is posted and who are still ' employed in
the same capacity at the time the election is held, to determine whether
or not they desire to be represented by National Maritime Union of
America for the purposes of collective bargaining.