Pan-American Petroleum and Transport Co.

National Labor Relations Board - Board Decisions

Sep 28, 1938

8 N.L.R.B. 1293 (N.L.R.B. 1938)

In the Matter of PAN-AMERICAN PETROLEUM AND TRANSPORT COMPANY
and AMERICAN RADIO TELEGRAPHISTS' ASSOCIATION, LOCAL No. 2
Case No. R 1000.Decided September 28, 1938
Shipping Industry-Investigation of Representatives : controversy concerning
representation of employees : refusal by employer to recognize union as exclusive
representative until certified by the Board-Umt Appropriate for Collective Bar-
gaining: radio operators ; similar nature of work ; form which self-organization
has taken in similar cases ; not included in other marine labor organizations-
Representatives : proof of choice : collective bargaining authorizations-CertifC-
cation of Representatives : upon proof of majority representation.
Mr. Will Maslow, for the Board.
Mr. J. F. Brown and Mr. James Patterson, of New York City, for
the Company.
Mr. William L. Standard, by Mr. Max Lustig, of New York City,
for the A. R. T. A.
Mr. Wendell P. Kay, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF CASE
On June 14, 1938, American Radio Telegraphists' Association,
herein referred to as the A. R. T. A., 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 Pan-American Petroleum and Transport
Company, New York City, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On July 18, 1938, the National Labor Relations Board,
herein referred to as the Board, acting pursuant to Section 9 (c) of
the Act and Article III, Section 3, of the Rules and Regulations-
Series 1, as amended,- directed an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On August 10, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served on the Company, the A. R. T. A.,
8 N. L. R. B., No. 159.
1293
1294 NATIONAL LABOR RELATIONS BOARD
and on the Commercial Telegraphers' Union, herein called the C. T. U.
Pursuant to the notice, a hearing was held on August 25, 1938, in
New York City, before William Seagle, the Trial Examiner duly
designated by the Board. The Board, the A. R. T. A., and the Com-
pany were represented by counsel and participated in the hearing.
The C. T. U. did not appear at the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing upon 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY'
Pan-American Petroleum and Transport Company, a Delaware
corporation, having its principal office and place of business in New
York City, is engaged in the business of transporting oil from points
in the Gulf of Mexico to points along the Atlantic Coast. The Com-
pany operates six tankers. In addition to licensed and unlicensed
personnel, each vessel carriers one radio operator.
We find that Pan-American Petroleum and Transport 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 operators employed by the Company are directly
engaged in such trade, traffic, transportation, and commerce.
H. THE ORGANIZATION INVOLVED
American Radio Telegraphists' Association is a labor organization
which admits to membership marine radio operators employed by the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 8, 1938, Fred M. Howe, secretary of A. R. T. A., Local
No. 2, wrote the Company requesting a meeting for collective bar-
gaining purposes. No reply to this letter was received. On June
24, 1938, an informal conference was held with this Company, at
which time the C. T. U. disputed the A. R. T. A.'s claim to represent
the Company's radio operators. The Company has taken the position
1 The findings in this section are based upon a stipulation of the parties.
DECISIONS AND ORDERS 1295
that it will bargain only with a union certified to represent its men
by the Board.
We find that a question has arisen concerning the representation
of employees of the Pan-American Petroleum and Transport Com-
pany 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 petitioner claimed that the radio operators on board the Com-
pany's ships constitute an appropriate unit for the purposes of col-
lective bargaining. The Company's radio operators perform work
of a similar nature and have organized and desire to bargain as one
unit. They are not eligible to membership in any of the unions
which admit to membership either the licensed or unlicensed person-
nel, and are recognized as a distinct group in the organization of the
Company. Radio operators have been recognized as an appropriate
unit in a number of previous cases decided by the Board.2
We find that the radio operators employed on the Company's ves-
sels constitute a unit appropriate for the purposes of collective bar-
gaining and that said unit will insure to 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 OP REPRESENTATIVES
The marine manager of the Company gave the names of the Coin-
pany's six radio operators and the vessels on which they are em-
ployed. The A. R. T. A. introduced five collective bargaining au-
thorizations, bearing recent dates, designating the A. R. T. A. to
represent the five signers. The authorizations were signed by five
of the six radio operators employed on the Company's ships, and the
manager verified the signatures by comparison with the most recent
pay roll, a photostatic copy of the pertinent portions of which was
introduced in evidence.
We find that the A. R. T. A. has been designated and selected
by a majority of the employees in the appropriate unit as their
representative for the purposes of collective bargaining. It is, there-
fore, the exclusive 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 case, the Board makes the following :
2 Matter of Tidewater Associated Oil Company and American Radio Telegraphists' Asso-
ciation, 5 N. L R. B. 954; Matter of Clyde-Mallory Lines and Commercial Telegraphers
Union, 5 N. L it. B 503; Matter of Southgate-Nelson Corporation and American Radio
Telegraphists' Association, 4 N. L. R . B. 307.
1296 NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Pan-American Petroleum and Transport
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 radio operators employed by the Pan-American Petroleum
and Transport Company constitute a unit appropriate for the pur-
poses of collective bargaining Within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. American Radio Telegraphists' Association is the exclusive rep-
resentative 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 Rela-
tions 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 American Radio Telegraphists' Associa-
tion has been designated and selected by a majority of the radio
operators employed by Pan-American Petroleum and Transport Com-
pany, New York City, as their representative for the purposes of
collective bargaining, and that pursuant to the provisions of Section
9 (a) of the Act, American Radio Telegraphists' Association is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
Mn. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision and Certification of Representatives.