Panama Mail Steamship Co.

National Labor Relations Board - Board Decisions

Apr 15, 1938

6 N.L.R.B. 622 (N.L.R.B. 1938)

In the Matter of PANAMA MAIL STEAMSHIP COMPANY and NATIONAL
MARITIME UNION OF AMERICA
Case No. R-236
CERTIFICATION OF REPRESENTATIVES
April 15,193S
On September 17, 1937, the National Labor Relations Board,
herein called the Board , issued a Decision and Direction of Elections
in the above-entitled case.' On November 10, 1937, the Board issued
an Amendment to Decision and Direction of Elections.2 The Direc-
tion of Elections, as amended, directed that an election by secret
ballot be conducted among the unlicensed seamen, except wireless
and radio operators, chief electricians on electrically driven ships, and
junior engineers who hold licenses, employed on all type of craft,
except craft operated in harbors only, operated out of Atlantic and
Gulf ports by Panama Mail Steamship Company, New York City.
Pursuant to the Decision and Direction of Elections, as amended,
an election by secret ballot has been conducted under' the direction
and supervision of Elinore Morehouse Herrick, the Regional Director
for the Second Region (New York City).
On January 27 and February 17, 1938, respectively, American
Federation of Labor Seamen 's Union , successor to International
Seamen's Union of America, filed protests with the said Regional
Director concerning the conduct of the election on the S. S. Santa
Rosa and the S. S. Santa Elena of this line.
On March 11 , 1938, the Regional Director ruled on the protests.
The rulings , in effect, were that if the results of the election depended
upon the ballots of 31 of the men employed on the S. S. Santa Ro..a
whose right to vote was not challenged at the time of the election, the
vessel should be revoted and that challenges relating to employees
of the S. S. Santa Elena should not be decided unless they were
essential to the determination of the results of the election.
On March 18, 1938, the Acting Regional Director for the Second
Region, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended , issued
and duly served upon the parties an Intermediate Report on the
election. The Intermediate Report stated that the above-mentioned
1 3 N L R B 692
2 4 N. L R B 111.
622
DECISIONS AND ORDERS 623
protests had been filed, set forth the rulings of the Regional Director,
and concluded that in view of the results of the election it was un-
necessary to reballot the S. S. Santa Rosa or to determine the chal-
lenges relating to members of the crew of the S. S. Santa Elena."
No appeal has been made to the Board f rom the rulings of the Re-
gional Director nor have any objections or exceptions been filed to
the Intermediate Report. We will, accordingly, not review the pro-
tests or the rulings of the Regional Director.
As to the balloting and its results, the Acting Regional Director
reported as follows :
Total number eligible to vote-------------------------------- 506
Total number of ballots cast --------------------------------- 471
Total number of votes in favor of International Seamen's
Union of America, or its successor, affiliated with the
American Federation of Labor----------------------------- 9
Total number of votes in favor of National Maritime Union
of America, affiliated with the Committee for Industrial
Organization---------------------------------------------- 373
Total number of votes in favor of neither organization-------- 27
Total number of blank ballots------------------------------ 2
Total number of void ballots------------------------------ 4
Total number of challenged ballots-------------------------- 56
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, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 1, as amended,
IT IS HEREBY CERTIFIED that National Maritime Union of America,
affiliated with the Committee for Industrial Organization, has been
designated and selected by a majority of the unlicensed seamen,
except wireless and radio operators, chief electricians on electrically
driven ships, and junior engineers who hold licenses, employed on
all type of craft, except craft operated in harbors only, operated
in or out of Atlantic and Gulf ports by Panama Mail Steamship
Company, New York City, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
Act, National Maritime Union of America, affiliated with the Com-
mittee for Industrial Organization, 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.
u The Intermediate Report also stated that Grace Line, Inc, of which Panama Mail
Steamship Company is a wholly owned subsidiary, had become the employer of the crews
employed on the three vessels operated by this line in January 1938. Since this fact has
not been established by testimony at a hearing or in any other formal manner , certification
will be made as if the employees were still those of Panama Mail Steamship Company.